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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 25 November 2025 has been entered.
Response to Amendment
Applicant’s amendment, received 25 November 2025, is reviewed and entered. This Office Action is a non-final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1, 5, 9-11, 13
Please note claim 3 has the improper status identifier “currently amended” but claim 3 is not amended.
Withdrawn
2-3
Please note claim 3 depends from withdrawn claim 2, therefore claim 3 is also withdrawn.
Canceled
4, 7
Pending
1-3, 5-6, 8-13
Presented for Examination
1, 5-6, 8-13
Response to Arguments
Applicant's arguments filed 25 November 2025 have been fully considered but they are not persuasive.
Claim Objections and 112(b) Rejections
Overcome by the claim amendments and withdrawn.
102 Rejections
Regarding claim 1, Applicant’s arguments are drawn to newly amended claims which are addressed in the rejections below.
Applicant argues the present “garment layer” (Examiner believes this corresponds to the claimed “lower body garment layer”) extends over the “supportive and compression structure” (Examiner believes this corresponds to the claimed “inner layer… comprising a compression and support structure”), and that Spiza does not disclose a garment layer extending over the inner layer. This is not claimed. The claims do not require a layer over another layer. Claim 1 requires an outer layer connected to and extending from an inner layer, but the outer layer is not required to extend over the inner layer.
Applicant repeats the same argument regarding the intended use of the present invention vs. the Spiva invention that was addressed in the final rejection and is provided again here:
Applicant argues the present invention compresses for supporting the wearer while working and "the cited device" compresses for lifting saggy skin. Although Applicant does not name "the cited devices" and four references were cited, Examiner believes Applicant is referring to the Spiva garment. Applicant's argument is not persuasive. Claim 1 requires a garment "configured to provide compression and support." Spiva expressly discloses the garment provides compression via "compression zones" (at least para. 0037-40) and support via "support panels" (103). Therefore, Spiva discloses the invention as claimed.
Applicant does not argue against the rejections of any of the dependent claims.
103 Rejections
Applicant does not argue against the 103 rejections.
In light of the above, the rejection is believed to be proper.
Election/Restrictions
In the election of 02 October 2024, Applicant elected Species A shown in FIG 3.
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 shorts or skirts (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.
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.
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, 5-6, 8-13 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.
Claim 1 is rendered indefinite by the recitation “said multi layered waistband has an inner layer and an outer layer being a lower body garment layer connected to the waist band and extending from the waist band.” How is the outer layer both 1) a layer of the waistband and 2) connected to and extending from the waistband? If the outer layers is a component of the waistband, how can it also be “connected to” the waistband?
The term “looser” in claim 1 is a relative term which renders the claim indefinite. The term “looser” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 9 recites the limitation "said layers" in line 2. To which or all of the previously recited inner layer, outer layer, or “three layers” is this referring?
The claims are examined as best understood.
Claim Rejections - 35 USC § 102
Claim(s) 1, 5-6, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spiva (US 20190090553 A1).
As to claim 1, Spiva discloses a lower body support and compression garment (“GARMENTS FOR LIFTING LOOSE SKIN AND METHODS FOR USING SAME,” title, and particularly the embodiment shown in figs 1A-1B), said lower body support and compression garment comprising:
a multi layered waistband having a front side and a back side (see annotated figs 1A-1B below; para. 0042 discloses an outer and inner layer, figs 1A-1B show front and back sides), wherein said multi layered waistband has an inner layer (para. 0042 discloses an inner layer) and an outer layer being a lower body garment layer connected to the waistband and extending from the waist band (as best understood, see the “lower body garment layer” in annotated FIGS 1A-1B below, the lower body garment layer is connected to and extending from the waistband), the lower body garment layer configured as a looser fitting lower body garment (looser relative to tight garments; capable of being a looser fitting lower body garment, depending on the size of the wearer) selected from the group consisting of pants, shorts, or skirts (col 5 line 5-10 discloses, “shorts, tights, yoga pants, leggings, sleeves, tennis skirts, golf skirts, shorts or any other type of garment that may be worn on a portion of body where upward lift and uniform distribution of loose or excess skin is desired”);
wherein said inner layer of said multi layered waistband comprising a compression and support structure that is configured to provide compression and support to targeted areas of a wearer, namely the lower back and front lower abdominal area (capable of providing compression and support; para. 0046 discloses internal layers or support panels having varying compression zones).
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As to claim 5, Spiva discloses the lower body garment of claim 1 wherein said inner layer is designed with angled compressive support structures (support panels 103 and/ or 121a-b),wherein said angled compressive support structures are configured to provide compression and support to the targeted areas (capable of providing, see para. 0057).
As to claim 6, Spiva discloses the lower body garment of claim 5 wherein said compression and support structure further comprises a lower compression and support structure configured to extend around the waist of the wearer from the lower back area to the front of the wearer (support panels 103), wherein said lower compression and support structure is configured to provide compression to the abdominal area of a wearer (capable of providing, see para. 0057).
As to claim 11, Spiva discloses the lower body garment of claim 1 wherein said lower body garment comprises a professional uniform (e.g., a professional swimming uniform as disclosed in para. 0030; “professional uniform” does not lend any particular structure and is a recitation of intended use).
Claim Rejections - 35 USC § 103
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spiva (US 20190090553 A1) as applied to claim 1 above, and further in view of Peters (US 20190297976 A1).
As to claim 8, Spiva does not disclose the lower body garment of claim 1 wherein said multi layered waistband further comprises a drawstring configured to provide additional support.
Peters teaches a similar waistband (title) including a multi layered waistband (fig 6, comprising inner 302 and outer 304 layers, drawstring 308 and drawstring layer 312/314) further comprises a drawstring (308) configured to provide additional support (capable of providing).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Spiva waistband with a drawstring for the purpose of “drawing a waistband into a tighter fit” (Peters para. 0077).
As to claim 9, Spiva does not disclose the lower body garment of claim 1 wherein said multi layered waistband comprises three layers, said layers comprising the lower body garment layer, a drawstring layer, and the waistband inner layer.
Spiva does disclose two layers, the lower body garment layer and the waistband inner layer (see the rejection of claim 1 above), but does not disclose a drawstring layer.
Peters teaches a similar waistband (title) including three layers (fig 6), said layers comprising the lower body garment layer (304; para. 0075), a drawstring layer (308, 312, and 314 in combination), and the waistband inner layer (302; para. 0075).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Spiva waistband with a drawstring layer, for wearer comfort, aesthetics, and “drawing a waistband into a tighter fit” (Peters para. 0077).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spiva (US 20190090553 A1) and Peters (US 20190297976 A1) as applied to claim 9 above, and further in view of Fligel (US 9456637 B2).
As to claim 10, Spiva does not disclose the lower body garment of claim 9 wherein said lower body garment layer comprises a ribbed knit compression material, wherein said drawstring layer comprises a neoprene and a compression material, and wherein said inner layer comprises a 4-way stretch compression material.
Fligel teaches a similar waistband including a lower body garment layer of ribbed knit compression material (abstract).
Spiva discloses neoprene (col 10 line 5-25) and four-way stretch material (e.g., latex, spandex; col 10 line 5-25).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a lower body garment layer comprising a ribbed knit compression material (as taught by Fligel), a drawstring layer comprising a neoprene and a compression material (as taught by Spiva), and a liner layer comprising a 4-way stretch compression material (as taught by Spiva) in order to provide layers that have the desired level of stretch and compression for wearer comfort and shaping.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spiva (US 20190090553 A1) as applied to claim 1 above, and further in view of Miller (US 9844236 B2).
As to claim 12, Spiva does not disclose the lower body garment of claim 1 wherein said lower body garment layer comprises pants in the form of scrub bottoms.
Spiva does disclose said lower body garment layer comprises pants (col 5 line 5-10), but does not specifically disclose the pants are in the form of scrub bottoms.
Miller discloses scrubs (garment 10, col 3 line 30-35 discloses “for use as traditional scrubs”) having an elastic (which to say, compressive and supportive) waistband (20, col 2 line 50-55).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a combination of Spiva’s waistband and scrub bottoms, for the purpose of protecting the wearer’s lower body while shaping the wearer’s body for the desired aesthetics.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spiva (US 20190090553 A1) as applied to claim 1 above, and further in view of Imashiro et al. (US 9090995 B2)
As to claim 13, Spiva does not expressly disclose wherein said lower body garment layer of said multi layered waistband comprises an antimicrobial and/or moisture wicking material.
Imashiro teaches textile materials comprising inherent antibacterial properties that may be used in bathing suits (col 12 line 5-25). Antibacterial is synonymous with antimicrobial and Imashiro’s antibacterial material reads on the claimed antimicrobial material. Furthermore, Imashiro teaches antibacterial material for use in bathing suits, and Spiva is drawn to a bathing suit, so one of ordinary skill would expect antibacterial material would be suitable for Spiva’s bathing suit.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide antimicrobial and/or moisture wicking material, for the purpose of protecting the wearer from microbes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732