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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/11/2026 has been entered.
Response to Amendment
In accordance with Applicant’s amendment filed 5/11/2026, claims 1, 3-4, 7-8, 10, 16-18, 20 are amended. Claim 2 is canceled. Claims 1, 3-13, 16-22 are presented for examination on the merits.
Applicant’s amendment has overcome the previously presented rejections under 35 USC 112(b).
Applicant’s amendment has overcome the previously presented claim objections.
Response to Arguments
Applicant’s arguments filed 5/11/2026 with respect to claim(s) 1 and specifically with respect to the previously presented rejection over Wilkinson as modified by Lee have been 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. In light of Applicant’s amendment, which has altered the scope of the claims, the search has been updated and new prior art has been identified and applied, as described in the rejections below.
Specification
The use of the term “Lycra”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitations that are being interpreted under 35 USC 112(f) are:
“at least one fastening means” (claim 4)
“at least one coupling element” (claim 4)
“means of a coupling element on a corresponding fastening means” (claim 8)
“interlocking fastening means” (claim 16)
Claim Rejections - 35 USC § 103
Claim(s) 1, 3, 6-7, 10, 17, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson (US 2005/0177920) in view of Shin (US 2018/0116301), Lee (KR 200471828Y1), a machine translation of which was provided with the Office action mailed 7/29/2025, and Larson (US 2233136).
Regarding claim 1, Wilkinson teaches a pair of trousers (10) comprising a waistband system (12) with a circumferential waistband (14) and a non-elastic closable belt (22) wherein the waistband has a rear waistband portion (portion of 14 at rear extending from and between ends of 22 attached to 14; see annotated figure 2 below) that extends across a centre of a rear side of the pair of trousers in a lateral direction (see annotated figure 2 below), the waistband has two elastic lateral waistband portions which stretch at least in a longitudinal direction of the waistband and respectively extend from opposite ends of the rear waistband portion towards a front of the pair of trousers (portion of 14 extending from where 22 attaches to 14 to a position towards the front of 10; see annotated figure 2 below), the belt has two main belt portions (portion of 22 extending to 26) that are respectively directly attached to the opposite ends of the rear waistband portion and respectively extend from the opposite ends of the rear waistband portion towards the front of the pair of trousers separately from the two elastic lateral waistband portions (see figures 1 and 2), and two belt end portions respectively adjoining the two main belt portions (each strap has a free end portion; “the free end of each strap 22 passes around its respective ring 26 and is folded in a reverse direction back against itself” paragraph 25); the waistband has a front waistband portion in a front region of the pair of trousers which adjoins a front end of each of the two elastic lateral waistband portions (portion of 14 in the front of the trousers; see annotated figure 2 below), a first closed loop is formed when the waistband system is worn, the first closed loop including one of the two elastic lateral waistband portions, the rear waistband portion, the other one of the two elastic lateral waistband portions, and the front waistband portion of the waistband in a circumferential direction of the waistband system (see closed loop formed in figure 2 below),
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Annotated figure 2 of Wilkinson showing the rear, lateral, and front waistband portions
Wilkinson does not explicitly teach the rear waistband portion being non-elastic.
Shin teaches a pants waistband wherein a rear portion of the waistband is non-elastic (non-stretch fabric region 22; see figure 2 and 4) and has straps directly attached to and extending from the non-elastic rear waistband portion (“one or more straps may extend from each side of the non-stretch fabric region 22 and extend about a portion of the user’s torso” paragraph 30; see figure 4).
Shin teaches analogous art to the instant application in the field of waistbands for pants. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make a rear portion of the waistband of Wilkinson non-elastic, with the straps being directly attached to and extending from the non-elastic rear waistband portion, as taught by Shin, in order to “help maintain the lower back in a proper position” (Shin, paragraph 25), which will “correct a person’s posture and provide lumbar spine support that is safe and can be effective even when the person is performing various typical daily tasks” (Shin, paragraph 7) and to “help alleviate minor to moderate back pain or […] aid in the healing after working out or doing strenuous activities” (Shin, paragraph 34).
Wilkinson as modified does not explicitly disclose: the front waistband portion being non-elastic.
Lee teaches a pants waistband (20) wherein a front portion is non-stretchable (21 at front; “the support member 21 is made of a sheet material that is soft and has little stretchability and functions to support the elastic member 22 by extending upward from the front plate 11 and the back plate 12” paragraph 17), and there are stretchable portions (elastic member 22) on the sides between the front and back (see figure 1).
Lee teaches analogous art to the instant application in the field of waistbands for pants. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make a front portion of the modified Wilkinson non-stretchable while keeping stretchable side portions between the front and rear, in view of Lee, in order to support and compress the user’s belly area (see paragraphs 17, 26 of Lee) which will provide a neater and slimmer appearance in the front without losing the functionality of elasticity at the waist. Examiner notes that, as combined, the at least one elastic lateral waistband portion would be the stretchable side portions.
Wilkinson as modified does not explicitly disclose: the pair of trousers comprises a separate middle part two which each off the belt end portions of the belt is configured to be indirectly fixed; and a second closed loop is formed when the waistband system is worn, the second closed loop including the rear waistband portion of the waistband, one of the two main belt portions of the belt, the middle part, and the other one of the two main belt portions of the belt in the circumferential direction of the waistband system separately from the first closed loop.
However, Larson teaches a garment adjusting belt (6, 6’, 7, 8, 8’) having a separate middle part (6’, 6, 7) to which each of belt end portions (8, 8) of the belt is configured to be indirectly fixed (pg. 1, col. 1, lines 53-55, col. 2, lines 1-11).
Larson teaches analogous art to the instant application in the field of waistbands for pants. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the combined reference so that loops 26 of Wilkinson are integrated as part of a separate middle part to which each of belt end portions of the belt can be indirectly fixed in view of Larson in order to allow for more even tension and support across the front of the waistband, which would further assist the user in maintaining a slimmed appearance at their front. Examiner notes that, as modified by Larson to have the belt end portions indirectly fixed to each other via a separate middle part, a second closed loop is formed when the waistband system is worn, the second closed loop including the rear waistband portion of the waistband, one of the two main belt portions of the belt, the middle part, and the other one of the two main belt portions of the belt in the circumferential direction of the waistband system separately from the first closed loop, as claimed.
Regarding claim 3, Wilkinson as modified does not explicitly disclose: the elastic lateral waistband portions are formed with a material that is stretchable in the longitudinal direction by at least 30%.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to form the elastic lateral waistband portions from a material that is stretchable in the longitudinal direction by at least 30%, since it has been held that where the general conditions of a claim are disclosed in the prior art (providing stretchability in the waistband, paragraph 30 of Wilkinson, paragraph 20 of Lee), discovering the optimum or workable ranges involves only routine skill in the art. (MPEP 2144.05 (II)(A)). Additionally, stretching in the longitudinal direction by at least 30% allows the waistband to fit a multitude of different sized wearers.
Regarding claim 6, Wilkinson as modified discloses: The pair of trousers according to claim 1, wherein the belt (Wilkinson, 22) covers the waistband in a front region of the pair of trousers (where a front region is the region under the belt) when the waistband system is worn (see figure 1 of Wilkinson).
Regarding claim 7, Wilkinson as modified discloses: The pair of trousers according to claim 1, wherein the two belt end portions (Wilkinson, free ends of 22) are configured to be indirectly fixed with respect to each other in a length-variable manner (see paragraph 25 of Wilkinson describing how the length of each strap can be adjustable; the ends are coupled together indirectly via the middle part as modified).
Regarding claim 10, Wilkinson as modified discloses: The pair of trousers according to claim 1, further comprising multiple waistbelt loop(s) (Wilkinson, 26; see paragraph 25) arranged on the outside along the waistband (Wilkinson, see figure 1), wherein at least one closable waistbelt loop(s) of the multiple waistbelt loops (Wilkinson, at least one of 26, considered to be closable at least because it can be considered closed with a strap extending through it thereby closing the slot vs open when no strap is extending through it) is arranged on the outside of the waistband, in a region where the belt end portions of the belt are outwardly folded (Wilkinson, see figure 1; the loops are arranged in the region where the belt end portions of the belt are outwardly folded because they define the pivot where the belt ends fold over).
Regarding claim 17, Wilkinson as modified does not explicitly disclose: the elastic lateral waistband portions are formed with a material that is stretchable in the longitudinal direction by at least 35%.
However, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the elastic lateral waistband portions from a material that is stretchable in the longitudinal direction by at least 35%, since it has been held that where the general conditions of a claim are disclosed in the prior art (providing stretchability in the waistband, paragraph 30 of Wilkinson, paragraph 20 of Lee), discovering the optimum or workable ranges involves only routine skill in the art. (MPEP 2144.05 (II)(A)). Additionally, stretching in the longitudinal direction by at least 35% allows the waistband to fit a multitude of different sized wearers.
Regarding claim 18, Wilkinson as modified does not explicitly disclose: the elastic lateral waistband portions are formed with a material that is stretchable in the longitudinal direction by at least 40%.
However, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the elastic lateral waistband portions from a material that is stretchable in the longitudinal direction by at least 40%, since it has been held that where the general conditions of a claim are disclosed in the prior art (providing stretchability in the waistband, paragraph 30 of Wilkinson, paragraph 20 of Lee), discovering the optimum or workable ranges involves only routine skill in the art. (MPEP 2144.05 (II)(A)). Additionally, stretching in the longitudinal direction by at least 40% allows the waistband to fit a multitude of different sized wearers.
Regarding claim 20, Wilkinson as modified discloses: The pair of trousers according to claim 10, wherein the at least one closable waistbelt loop includes two closable waistbelt loops (Wilkinson, 26, they are considered to be closable at least because each one can be considered closed with a strap extending through it thereby closing the slot vs open when no strap is extending through it) that are arranged on the waistband in the region of the outwardly folded belt end portions of the belt (the loops are arranged in the region of the folded belt ends because they define the pivot where the belt ends fold over).
Claim(s) 4, 5, 16, 19 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson/Shin/Lee/Larson, as applied to claim 1, and further in view of Miller (US 2012/0030861).
Regarding claim 4, Wilkinson as modified does not explicitly disclose: at least one fastening means suitable for coupling with at least one coupling element is fastened centrally on an outer side of the non-elastic front waistband portion.
However, Miller teaches pants having elastic sides (64; see paragraph 18) and having a fly (see paragraph 18 and figure 1) and at least one fastening means suitable for coupling with at least one coupling elements fastened centrally on an outer side of the non-elastic front waistband portion (button closure 74, paragraph 18; under 112f, a fastening means/coupling element is button or similar protruding element and eyelet, see pages 8-9 of the instant specification).
Miller teaches analogous art to the instant application in the field of waistbands for pants. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have form the non-elastic front waistband portion of Wilkinson as modified by Lee with a fly and at least one coupling element fastened centrally on an outer side of the non-elastic front waistband portion in view of Miller in order to further facilitate putting on and taking off the pants.
Regarding claim 5, Wilkinson as modified does not explicitly disclose: the circumferential waistband is interrupted in a front region of the pair of trousers by at least one fly.
However, Miller teaches pants having elastic sides (64; see paragraph 18 and figures 1-4) wherein the circumferential waistband is interrupted in a front region of the pair of trousers by at least one fly (see paragraph 18 and figure 1).
Miller teaches analogous art to the instant application in the field of waistbands for pants. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have interrupted the circumferential waistband of Wilkinson in the front region by a zipped fly in view of Miller in order to further facilitate putting on and taking off the pants.
Regarding claim 16, Wilkinson as modified does not explicitly disclose: the circumferential waistband is interrupted in the front region by at least one fly, wherein the non-elastic front waistband portion of the waistband is in two parts, wherein the two parts of the non-elastic front waistband end portion can be connected to each other by means of interlocking fastening means.
However, Miller teaches pants having elastic sides (64; see paragraph 18) the circumferential waistband is interrupted in the front region by at least one fly (58), wherein the front waistband portion of the waistband is in two parts (on either side of fly), wherein the two parts of the non-elastic front waistband end portion are configured to be connected to each other by means of interlocking fastening means (button closure 74, paragraph 18; under 112f, a fastening means/coupling element is button or similar protruding element and eyelet, see pages 8-9 of the instant specification).
Miller teaches analogous art to the instant application in the field of waistbands for pants. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have interrupted the circumferential waistband of the combined reference in the front region by at least one fly, wherein the non-elastic front waistband portion of the waistband is in two parts, wherein the two parts of the non-elastic front waistband end portion can-be connected to each other by means of interlocking fastening means in view of Miller in order to further facilitate putting on and taking off the pants.
Regarding claim 19, Wilkinson as modified discloses: The pair of trousers according to claim 4, wherein the at least one fastening means is a trouser button, and the at least one coupling element is a fastening eyelet (Miller, button closure, see paragraph 18, button extending through an eyelet is how buttons work as a closure).
Regarding claim 22, Wilkinson as modified discloses: The pair of trousers according to claim 16, wherein the interlocking fastening means includes a fastening eyelet and a trouser button (Miller, button closure, see paragraph 18, button extending through an eyelet is how buttons work as a closure).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson/Shin/Lee/Larson, as applied to claim 1, and further in view of Choi (US 2008/0282516).
Regarding claim 8, Wilkinson as modified does not explicitly disclose: a coupling element is provided on the middle part, a fastening means is provided on the waistband, and the middle part is configured to be coupled to the waistband by means of the coupling element and the fastening means of the waistband (under 112f fastening means/coupling element is button or similar protruding element and eyelet, pgs. 11,12 of spec, and equivalents).
However, Choi teaches a belt having a centrally located part that can be coupled to the waistband by means of a coupling element on a corresponding fastening means of the waistband (see paras. 8, 15, 16 and figure 2).
Choi teaches art pertinent to the problem faced by the Applicant in regards to attaching a belt to a waistband. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have provided the middle part of the combined reference with a coupling element to couple with a corresponding fastening means of the waistband in view of Choi in order to prevent the belt from sagging thereby achieving a neat wearing state (Choi, paragraph 8).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson/Shin/Lee/Larson/Choi, as applied to claim 8 above, and further in view of Miller.
Regarding claim 9, Wilkinson as modified discloses: The pair of trousers according to claim 8, wherein the middle part comprises a number of loops (Larson, 6,6’ and 7, see figure 2) wherein each of the belt end portions is configured to be passed through at least one of the number of loops and thereby indirectly fixed with respect to each other (as modified by Larson, see pg. 1, col. 1, lines 53-55, col. 2, lines 1-11), wherein the number of loops include three loops (Larson, 6’,6,7) linked in the manner of chain links (see fig. 2 of Larson, pg. 1, col. 1, lines 53-55, col. 2, lines 1-11), including a middle fabric loop (Larson, 7) and two outer ring loops (Larson, 6,6’) for the belt end portions to pass through (Larson, fig. 2, pg. 1, col. 1, lines 53-55, col. 2, lines 1-11), wherein the two outer ring loops each enclosed in two lateral subregions of the middle fabric loop (Larson, fig. 2) and the remaining region of the middle fabric loop forms two material layers lying in front of one another (Larson, fig. 2), the middle part has a coupling element on a corresponding fastening means of the waistband (as modified by Choi, see paras. 8, 15, 16 and figure 2).
Wilkinson as modified teaches that the coupling element/corresponding fastening means is a snap connection (see paragraph 15-16 of Choi), but does not explicitly disclose: the coupling element is a fastening eyelet and the fastening means is a trouser button; and one of the two material layers has the fastening eyelet.
However, Miller teaches that snaps and buttons are known alternative fasteners (see paragraph 22).
Miller teaches analogous art to the instant application in the field of trousers. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have formed snap of Choi as a fastening eyelet on one of the layers of the middle fabric loop and a trouser button on the waistband in view of Miller because doing so would be the simple substitution of one known fastener type for another which would yield only the predictable result of selectively fastening the middle part to the waistband. Further, a button and eyelet fastener has a lower profile than the snap and protrusion fastener, which would allow the belt to sit more closely to the pants for a less bulky appearance.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson/Shin/Lee/Larson, as applied to claim 1 above, and further in view of Mueller (US 2020/0032428) and Ferber (US 4807301).
Regarding claim 11, Wilkinson as modified discloses: The pair of trousers according to claim 1, further comprising a back pad (Wilkinson, 36) on an inside of the rear side (Wilkinson, the pad 36 is inside 34, therefore it is inside the rear side of the trousers because the rear side of the trousers includes the pocket 34) in a region of the non-elastic rear waistband portion of the pair of trousers (as modified, the rear waistband portion is non-elastic, so the back pad would be in the region of the non-elastic rear waistband portion; see figures 2 and 4 of Wilkinson), arranged centrally on the rear side at a level of an upper edge of the waistband (see figure 4 of Wilkinson and paragraph 36).
Wilkinson does not explicitly disclose: the back pad comprises at least one knitted spacer fabric, wherein the back pad has a V-shaped cutout arranged centrally on the rear side at a level of an upper edge of the waistband.
However, Mueller teaches knitted spacer fabric being used in garments to provide a soft elastic layer that enables air circulation (paragraph 3).
Mueller teaches analogous art to the instant application in the field of elastic garments. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have comprised the back pad of the combined reference of at least one knitted spacer fabric in view of Mueller in order to provide a soft elastic layer that enables air circulation (see paragraph 3 of Mueller).
Wilkinson as modified does not explicitly disclose: wherein the back pad has a V-shaped cutout arranged centrally on the rear side at a level of an upper edge of the waistband.
However, Ferber further teaches a protective pad for a person’s buttocks with a V-shaped cutout arranged centrally on the pad (see figure 3).
Ferber teaches analogous art to the instant application in the field of padded garments for the lower body. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to add the V-shaped cutout (19) to the central area of the pad of Wilkinson, as taught by Ferber, in order to “help the shock absorbent pad adapt to the contours of the body” (Ferber, column 4, lines 19-21). Examiner notes that the pad itself is on the rear side at a level of an upper edge of the waistband (see Wilkinson figure 4), therefore the cutout would be arranged centrally on the rear side at a level of an upper edge of the waistband as modified.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson/Shin/Lee/Larson, as applied to claim 1 above, and further in view of Goyal (US 6119275)
Regarding claim 12, Wilkinson as modified discloses: The pair of trousers according to claim 1, wherein on the rear side of the pair of trousers the non-elastic rear waistband portion has a back pad (Wilkinson, 36).
Wilkinson as modified does not explicitly disclose: the back pad having a substantially semicircular shape at a bottom edge of the back pad.
However, Goyal teaches a back pad for use in a lower body garment wherein the back pad has a substantially semicircular shape at a bottom edge of the back pad (the pad “may be in a circle, elliptical or any other shape” column 1, lines 62-64; Examiner notes that a circle has a semicircular shape at a bottom edge).
Goyal teaches analogous art to the instant application in the field of lower body garments with pads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the pad of Wilkinson in a circle shape, as taught by Goyal, as 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. See MPEP 2144.04. Further, this shape “conforms to the shape of the wearer’s back, relieving the wearer of any discomfort” (Goyal, column 1, lines 1-2).
Claim(s) 13 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson/Shin/Lee/Larson, as applied to claim 1 above, and further in view of Simon (US 2010/0192284).
Regarding claim 13, Wilkinson as modified does not explicitly disclose: on the rear side below the belt integrated into the waistband the pair of trousers has a material portion which is configured to stretch at least in a vertical direction of the pair of trousers.
However, Simon teaches trousers wherein on the rear side below the waistband (24; see figure 5), a material portion (elastic yoke 23, see paras. 72, 84 and fig. 5) is integrated into the waistband (see paras. 72, 84 and fig. 5), wherein the material portion is configured to stretch at least in a vertical direction of the pair of trousers (para. 59, 4-way stretch).
Simon teaches analogous art to the instant application in the field of trousers. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the trousers of the combined reference such that on the rear side below the belt integrated into the waistband the pair of trousers has a material portion which is configured to stretch at least in a vertical direction of the pair of trousers in view of Simon in order to provide greater shaping and an improved silhouette at the rear of the wearer (see paragraph 6 and abstract of Simon).
Regarding claim 21, Wilkinson as modified discloses: The pair of trousers according to claim 13, wherein the material portion is bielastic (paragraph 59 of Simon specifies 4-way stretch, therefore it is bielastic).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIANNA T DUCKWORTH whose telephone number is (571)272-1458. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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/BRIANNA T. DUCKWORTH/Examiner, Art Unit 3732
/JAMESON D COLLIER/Primary Examiner, Art Unit 3732
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