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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/11/2026 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawasaki (US 2017/0042256).
Regarding Claim 1, Kawasaki discloses a pumping garment (Figures 1-6) comprising: a top band (16); a main body (14) below the top band, the main body including a primary piece (14), a panel (46) overlapping the primary piece (Figure 5B), and a securement edge (36 & 34); the primary piece including a lateral boundary (LB, see annotated Figure 5A below), the lateral boundary having a securement portion extending along the securement edge of the main body (Figures 1-6) and an aperture portion (12) positioned directly next to the securement portion on the lateral boundary (the portions are directly next to each other, Figures 1-6) and extending away from the securement edge of the main body (Figure 5A); and the panel including a securement side (LB, see annotated Figure 5A below) extending along the securement edge of the main body and an aperture side (12) spaced away from the securement edge of the main body (Figure 5A); the aperture portion of the lateral boundary of the primary piece and the aperture side of the panel together defining an aperture for supporting a breast shield (Figures 1-6).
Regarding Claim 2, Kawasaki discloses the main body including a first panel (46 on 30) overlapping the primary piece (Figure 5B), a second panel (46 on 32) overlapping the primary piece (Figure 5B), a first securement edge (36), and a second securement edge (34); the primary piece including a first lateral boundary (LB, see annotated Figure 5A below) having a first securement portion extending along the first securement edge of the main body (Figure 5A) and a first aperture portion (12) positioned directly next to the first securement portion along the first boundary (the portions are directly next to each other, Figures 1-6) and extending away from the first securement edge of the main body; a second lateral boundary (LB, see annotated Figure 5A below) having a second securement portion extending along the second securement edge of the main body (Figure 5A) and a second aperture portion (12) positioned directly next to the second securement portion along the second lateral boundary (the portions are directly next to each other, Figures 1-6) and extending away from the second securement edge of the main body; the first panel including a first securement side extending along the first securement edge of the main body (Figure 5A) and a first aperture side (12) spaced away from the first securement edge of the main body (Figure 5A); and the second panel including a second securement side extending along the second securement edge of the main body (Figure 5A) and a second aperture side (12) spaced away from the second securement edge of the main body (Figure 5A); the first aperture portion of the first lateral boundary of the primary piece and the first aperture side of the first panel together defining a first aperture for supporting a breast shield (Figures 1-6); the second aperture portion of the second lateral boundary of the primary piece and the second aperture side of the second panel together defining a second aperture for supporting a breast shield (Figures 1-6).
Regarding Claim 3, Kawasaki discloses the aperture portion of the lateral boundary of the primary piece curves away from the securement edge of the main body to form a symmetric arc (Figures 1-6).
Regarding Claim 4, Kawasaki discloses the securement portion of the lateral boundary of the primary piece extends along the securement edge of the main body for a first distance beginning at a top of the securement edge and for a second distance beginning at a bottom of the securement edge (Figures 1-6).
Regarding Claim 5, Kawasaki discloses the aperture portion of the lateral boundary of the primary piece is located between the first distance and the second distance (Figures 1-6).
Regarding Claim 6, Kawasaki discloses the aperture side of the panel curves toward the securement side of the panel (Figures 1-6).
Regarding Claim 7, Kawasaki discloses a maximum distance between the aperture portion of the lateral boundary of the primary piece and the securement edge of the main body being less than a minimum width of the panel (Figures 1-6).
Regarding Claim 8, Kawasaki discloses the aperture portion of the lateral boundary of the primary piece is connected to the aperture side of the panel by a bar tack (see tack shown in Figure 11).
Regarding Claim 9, Kawasaki discloses a first zipper side (36) and a zipper facing connected to the first securement edge, and a second zipper side (34) connected to the second securement edge (Figures 1-6).
Regarding Claim 10, Kawasaki discloses the pumping garment configured for adaptive stretch as a result of at least one of an elastic modulus created by the overlapping of the primary piece and the panel, elastic provided along the aperture side, elastic provided along the aperture portion (Para. 8 & 17-19), and the top band being formed of elastic (Para. 6).
Regarding Claim 11, Kawasaki discloses a pumping garment (Figures 1-6) comprising: a top band (16); a main body (14) below the top band, the main body including a primary piece (14) and a panel (46) overlapping the primary piece (Figure 5B); the primary piece including an upper section (14) and a bottom band (18), the upper section consisting of a singly ply of material (Para. 45) and the bottom band seamlessly connected to the upper section (Para. 45) and comprising two ply of material (Para. 45); and the panel including a bottom side sewn adjacent to the bottom band of the primary piece (Figure 5B); and wherein the pumping garment is configured for adaptive stretch as a result of at least an elastic modulus created by the overlapping of the primary piece and the panel (Para. 6, 8 & 19-20, the garment is capable of adaptive stretch due to the elasticity included in the garment), and wherein an aperture (12) for breast pumping is defined by an aperture portion of the primary piece and an aperture side of the panel (Figure 5B), the aperture portion and the aperture side being unconnected at the aperture (unconnected at the aperture; around the aperture wherein both pieces are disconnected).
Regarding Claim 12, Kawasaki discloses the main body including a first panel (46 on 32) overlapping the primary piece (Figure 5B), a first securement edge (36), a second panel (46 on 30) overlapping the primary piece (Figure 5B), and a second securement edge (34); the first panel including a first bottom side sewn adjacent to the bottom band of the primary piece (Figure 5A & 5B) and a first securement side extending along the first securement edge of the main body (Figure 1-6); the second panel including a second bottom side sewn adjacent to the bottom band of the primary piece (Figure 5A & 5B) and a second securement side extending along the second securement edge of the main body (Figure 1-6).
Regarding Claim 13, Kawasaki discloses the bottom band comprises a ribbed material (Figure 1-6).
Regarding Claim 14, Kawasaki discloses the body includes a securement edge (34 and/or 36); the primary piece including a lateral boundary (LB, see annotated Figure 5A below) having a securement portion extending along the securement edge of the main body (Figures 1-6) and an aperture portion (12) extending away from the securement edge of the main body (Figures 1-6); the panel includes a securement side (LB, see annotated Figure 5A below) extending along the securement edge of the main body (Figures 1-6) and the aperture side (12) spaced away from the securement edge of the main body (Figures 1-6).
Regarding Claim 15, Kawasaki discloses the aperture portion of the lateral boundary of the primary piece curves away from the securement edge of the main body to form a symmetric arc (Figures 1-6).
Regarding Claim 16, Kawasaki discloses the securement portion of the lateral boundary of the primary piece extends along the securement edge of the main body for a first distance beginning at a top of the securement edge and for a second distance beginning at a bottom of the securement edge (Figures 1-6).
Regarding Claim 17, Kawasaki discloses the aperture portion of the lateral boundary of the primary piece is located between the first distance and the second distance (Figures 1-6).
Regarding Claim 18, Kawasaki discloses the aperture side of the panel curves toward the securement side of the panel (Figures 1-6).
Regarding Claim 19, Kawasaki discloses a maximum distance between the aperture portion of the lateral boundary of the primary piece and the securement edge of the main body being less than a minimum width of the panel (Figures 1-6).
Regarding Claim 20, Kawasaki discloses elastic provided along an aperture portion of the primary piece (Para. 8 & 17-19), and the top band being formed of elastic (Para. 6).
PNG
media_image1.png
432
749
media_image1.png
Greyscale
Response to Arguments
Applicant’s arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA HUYNH can be reached 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.
/KATHARINE G KANE/Primary Examiner, Art Unit 3732
Prosecution Insights