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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “said garment pad repositioned…secured to said garment, in claim 1, lines 10-11”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-5, 8-10, 12-16, 18-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 9, 15, recite the limitation “said garment pad repositioned”.
The Examiner respectfully requests the Application to point out where in the specification support can be found for the limitation in question above.
Application is required to cancel the new matter in the reply to this Office Action.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-5, 8-10, 12-16, 18-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 9, 15, recites “said garment pad repositioned and semi-permanently secured to said garment”, renders the claim indefinite because it unclear whether said garment pad is reheating the adhesive material to allow remove said garment pad to repositioning and/or removing and attaching from the garment?
Claims 1, 9, 15, recites the negative limitation “maybe”, such limitation can be interpreted as “maybe not” reheated.
Claim 1, recites a functional limitation “each of said securing mechanisms adapted to engage said garment such that said garment pad is semi-permanently secured to said garment”.
Claims 2, 4-5, 8 are dependent of claim 1, and are likewise indefinite.
Claims 10, 12-14 are dependent of claim 10, and are likewise indefinite.
Claims 16, 18-20 are dependent of claim 15, and are likewise indefinite.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 4-5, 9-10, 12-16, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cho (2011/0256801) in view of Kim (2021/0007418).
Regarding claim 1, Cho discloses a garment pad system (fig.1) for use with a garment, said garment pad system comprising: a garment pad (20) having a dome shape, a center point, an inner fabric with a convex surface, an outer fabric with and a concave surface, and a periphery surrounding said dome shape (par [0026, fig.1); and a plurality of securing mechanisms attached to said garment pad spaced along said periphery (par 0029]). But Cho does not disclose a functional limitation each of said securing mechanisms adapted to engage said garment such that said garment pad is semi-permanently secured to said garment. However, Kim teaches another bra garment fig.1 having two bra cups (100) and two shoulder straps and two bra pads (300) secured to the bra cups by fasteners (110, 310, fig.1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide bra garment and a plurality of fasteners to allow the pads of Cho to be secured together as taught by Kim in order to provide thickness of the bra cups of Cho.
Furthermore, wherein each of said plurality of securing mechanisms includes heat activated adhesives wherein two of said plurality of securing mechanisms are generally equidistant (fig.1 of Kim) from said center point of said garment pad (par [0029] of Cho). Furthermore, Cho and Kim do not disclose wherein said inner fabric and said outer fabric are adapted to stretch between said securing mechanisms. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize that the combination bra garment of Cho and Kim are configured to perform as the claimed invention, since the 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.
Furthermore, Cho and Kim do not disclose a functional limitation such that “wherein said heat activated adhesive may be reheated and said garment pad repositioned and secured to said garment. However, it would have been obvious matter design choice to one of ordinary skill in the art before the effective filling date of the claimed invention to have provide as the claimed invention, such modification would be considered a mere design choice involves routine skill in the art, in this case, the reheat the adhesive/fasteners to remove the pad and/or to reposition the pad, it is just matter design choice involves routine skill in the art; furthermore, the user can be kept the pad inside the pocket or attached to the bra 100 of Kim and/or keeping the pad 300a between element 300b and 100 without removing it, which that is equally mean to the term semi-permanently secured to said garment.
Regarding claims 2, 4, Kim discloses the garment pad system of claim 1, wherein said plurality of securing mechanisms is at least three securing mechanisms (fig.1); wherein said three securing mechanisms are located on said concave surface of said garment pad spaced along said periphery (Kim).
Regarding claims 5, 20, Cho does not disclose wherein said three securing mechanisms are located on said convex surface of said garment pad spaced along said periphery. However, Kim further teaches fig.5 shows pa 300a, 300b the fasteners 320 dispose on periphery of the convex surface of the bra pad. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention provide fasteners disposed on the convex surface of the bra pad for Cho as taught by on provide more thickness of the bra pad.
Regarding claim 9, Cho discloses a garment pad (fig.1) comprising: a pliable core, said core having a dome shape, an outer fabric with a convex surface and an inner fabric with a concave surface, a center point, and a periphery surrounding said dome shape, said convex surface and said concave surface each being at least partially covered by a material having no ridges (fig.2, par [0029]); and a plurality of securing mechanisms attached to said material on said concave surface of said core spaced along said periphery, each of said plurality of securing mechanisms adapted to engage the garment to semi-permanently secure said core to the user (fig.1, par [0029]), wherein each of said plurality of securing mechanisms includes heat activated adhesives wherein two of said plurality of securing mechanisms are generally equidistant from said center point of said pliable core (par [0029, fig.2); But Cho does not disclose said inner fabric and said outer fabric are adapted to stretch between said securing mechanisms. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize that the combination bra garment of Cho is configured to perform as the claimed invention, since the 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.
Furthermore, Cho does not disclose a garment pad securable to a garment by said plurality of securing mechanisms. However, Kim teaches another bra garment fig.1 having two bra cups (100) and two shoulder straps and two bra pads (300) secured to the bra cups by fasteners (110, 310, fig.1). However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide garment and a plurality of fasteners to allow the pads of Cho to be secured together as taught by Kim in order to provide thickness of the bra cups of Cho.
Regarding claims 10, 12-13, Kim further discloses the garment pad of claim 9, wherein said plurality of securing mechanisms is at least three securing mechanisms (fig.1); wherein each of said three securing mechanisms is located proximate a periphery of said core (fig.1 of Kim); wherein at least two of said three securing mechanisms are generally equidistant from said center point of said core (fig.1 of Kim).
Furthermore, Cho and Kim do not disclose a functional limitation such that “wherein said heat activated adhesive may be reheated and said garment pad repositioned and secured to said garment. However, it would have been obvious matter design choice to one of ordinary skill in the art before the effective filling date of the claimed invention to have provide as the claimed invention, such modification would be considered a mere design choice involves routine skill in the art, in this case, the reheat the adhesive/fasteners to remove the pad and/or to reposition the pad, it is just matter design choice involves routine skill in the art; furthermore, the user can be kept the pad inside the pocket or attached to the bra 100 of Kim and/or keeping the pad 300a between element 300b and 100 without removing it, which that is equally mean to the term semi-permanently secured to said garment.
Regarding claim 14, Cho discloses a fastener is made of adhesive material and using hot melt to apply on surface of the pad; and Kim teaches a bra pad having a plurality of fasteners. But Cho and Kim do not disclose wherein at least one of said three securing mechanisms is a heart shape. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the adhesive material of Cho to arrange as taught by Kim in order to secure the bra pad to the garment, such modification would be considered a mere rearranging or spacing the known parts involves routine skill in the art.
Regarding claim 15, Cho discloses a garment pad system (fig.1) for use with a garment, said garment pad system comprising: a garment pad (10) having a pliable core, said core having a dome shape with a convex surface and a concave surface, a center point, and a periphery, said convex surface and said concave surface each being at least partially covered by a material having no ridges (fig.1-2); and a plurality of securing mechanisms (20, par [0029]) attached to said garment pad spaced along said periphery. But Cho does not disclose each of said securing mechanisms adapted to engage the garment such that said garment pad is semi-permanently secured to the garment. However, Kim teaches another bra garment fig.1 having two bra cups (100) and two shoulder straps and two bra pads (300) secured to the bra cups by fasteners (110, 310, fig.1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide bra garment and a plurality of fasteners to allow the pads of Cho to be secured together as taught by Kim in order to provide thickness of the bra cups of Cho.
Furthermore, wherein each of said plurality of securing mechanisms includes heat activated adhesives (par [0029] of Cho); wherein two of said plurality of securing mechanisms are generally equidistant from said center point of said garment pad (fig.1 of Kim), and wherein said inner fabric and said outer fabric are adapted to stretch between said securing mechanisms (par [0029] of Cho).
Furthermore, Cho and Kim do not disclose a functional limitation such that “wherein said heat activated adhesive may be reheated and said garment pad repositioned and secured to said garment. However, it would have been obvious matter design choice to one of ordinary skill in the art before the effective filling date of the claimed invention to have provide as the claimed invention, such modification would be considered a mere design choice involves routine skill in the art, in this case, the reheat the adhesive/fasteners to remove the pad and/or to reposition the pad, it is just matter design choice involves routine skill in the art; furthermore, the user can be kept the pad inside the pocket or attached to the bra 100 of Kim and/or keeping the pad 300a between element 300b and 100 without removing it, which that is equally mean to the term semi-permanently secured to said garment.
Regarding claims 16, 18, Kim further discloses wherein said plurality of securing mechanisms is at least three securing mechanisms (fig.1); wherein each of said three securing mechanisms is located proximate said periphery of said garment pad (fig.1 of Kim).
Regarding claim 19, Cho the garment pad system of claim 18, wherein each of said three securing mechanisms is attached to said material on said concave surface of said core (fig.1 of Cho and Kim).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cho (2011/0256801) in view of Kim (2021/0007418) as applied to claim 1 above and further in view of Linkon (2015/0181949).
Regarding claim 8, Cho does not disclose wherein said garment pad is adapted to be located in a pocket on the garment. However, Linkon teaches another similar bra garment fig. having two bra cups and two shoulder straps; fig.5 shows each bra cup 1 having a pocket is configured to receive the pad 21. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide a pocket to allow the bra pad of Cho to be inserted as taught by Linkon in order to provide more cushionable for breast of user.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4-5, 8-10, 12-16 and 18-20 have been considered but are moot because the new ground as discussed above.
Furthermore, Applicant argues that Cho and Kim do not disclose a functional limitation such that “wherein said heat activated adhesive may be reheated and said garment pad repositioned and secured to said garment.
The Examiner disagrees, because it would have been obvious matter design choice to one of ordinary skill in the art before the effective filling date of the claimed invention to have provide as the claimed invention, such modification would be considered a mere design choice involves routine skill in the art, in this case, the reheat the adhesive/fasteners to remove the pad and/or to reposition the pad, it is just matter design choice involves routine skill in the art; furthermore, the user can be kept the pad inside the pocket or attached to the bra 100 of Kim and/or keeping the pad 300a between element 300b and 100 without removing it, which that is equally mean to the term semi-permanently secured to said garment.
Furthermore, the preamble of claims 1, 15, recites “A garment pad system for use with a garment”; therefore, Applicant is claimed for just a garment pad system itself.
Furthermore, the original specification, par [0013] states that “pad 1 may be adapted to be removably securable to garment 5 or semi-permanent”. Therefore, it would have been obvious matter design choice to one of ordinary skill in the art before the effective filling date of the claimed invention to secure the pad to the garment or semi-permanently secured the pad to the garment, that involves matter design choice.
Therefore, applicants’ arguments have not found persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732