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 .
Response to Amendment
Applicant’s amendment filed on 2/16/2026 has been received; Claims 1-20 are pending.
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) 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 (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) 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) 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).
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 an aperture side (12) spaced away from the securement edge of the main body (Figures 1-6); the aperture portion of the lateral boundary of the primary piece and the aperture side of the panel together define an aperture for supporting a breast shield (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).
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Response to Arguments
Applicant's arguments filed 2/16/2026 have been fully considered but they are not persuasive.
Applicant Remarks: Applicant asserts Kawasaki does not disclose “the primary piece including a lateral boundary having… an aperture potion extending away from the securement edge of the main body; and the panel including… an aperture side space away from the securement edge of the main body; 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”
Examiner respectfully disagrees. Firstly, Applicant has corrected interpreted the drawing (as annotated above) It is noted portion and section can be any part of a whole since applicant has not specifically clarified the structure of the of the edges and boundaries. Also, extending away and space away is relative/broad language which does not define the structure in a way to overcome the prior art. It is suggested applicant further clarify the structure to overcome the current art.
The law of anticipation does not require that the reference teach what the appellant is claiming but only that the claims on appeal “read on” something disclosed in the reference. See Kalman v. Kimberly Clark Corp., 713 F.2d 760, 218 USPQ 781 (Fed. Cir. 1983). Where functional limitations are recited for the structure set forth in the claim, the reference must also include structure which is capable of performing the recited function in order for the reference to be properly anticipatory. See In re Mott, 557 F.2d 266, 194 USPQ 305 (CCPA 1977).
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 KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm EST.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732