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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 21, 2025 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claim(s) 1-2, 7-8, 11-12, 15, 17, 68, 70, 79, and 87 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deffner (US 2006/0143800) in view of Polsky (US 4,371,989).
Regarding Claim 1, Deffner discloses a set of pants adapted to reduce the risk of pressure sores typically associated with prolonged periods of sitting, said set of pants comprising: a) at least one front piece (1) adapted to cover at least a portion of a front region of an individual's lower body; b) a back piece (5) having a seat contacting portion (i.e. region of 5 covering the buttocks) that is adapted to cover at least a seat region and a thigh region of the individual's lower body (as seen in Fig.3 & 4); and c) a separate crotch piece (2) adapted to cover a crotch region of the individual's lower body, wherein said crotch piece is generally shaped as a sector of a circle with a pair of substantially straight portions (i.e. left portion of straight edge of 2 & left portion of straight edge of 2) and a convex curvilinear portion (i.e. portion of 2 along 6) joining the pair of substantially straight portions (as seen in Fig.3 & 4), the convex curvilinear portion corresponding with a concave curvilinear space defined in said back piece (as seen in Fig.3 & 4; para.15); and a pair of inseams (7), adapted to extend along an inner leg portion for each leg of the individual's lower body (para.12), and wherein said crotch piece is connected at said convex curvilinear portion by stitching (6) along a crotch piece seam to said back piece outside of said seat contacting portion, and at said pair of substantially straight portions by stitching (3) along said pair of inseams to said at least one front piece (para.11-13; as seen in Fig.3 & 4). Deffner does not disclose wherein said seat contacting portion of said back piece is a seamless single piece of fabric; and wherein said at least one front piece and said back piece are connected by stitching along at least a portion of a pair of outseams, adapted to extend along an outer leg region for each leg of the individual's lower body. However, Polsky teaches a set of pants (10) having a seat contacting portion (i.e. region of 14 covering the buttocks) of a back piece (14) is a seamless single piece of fabric (as seen in Fig.2); and wherein at least one front piece (12) and back piece are connected by stitching along at least a portion of a pair of outseams (50,54 & 52,56; Col.6, lines 2-10), adapted to extend along an outer leg region for each leg of the individual's lower body (as seen in Fig.1-3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the pants of Deffner to have a seat contacting portion of a back piece that is a seamless piece and the front piece and back piece being connected by stitching along a pair of outseams, as taught by Polsky, in order to provide pants with a comfortable seat portion for the user and that are secured with outseam stitching in the traditionally known manner.
Regarding Claim 2, Deffner discloses a set of pants as claimed in claim 1, wherein said back piece (5) is adapted to extend to a knee region for each leg of the individual's lower body (para.11; i.e. trousers are known to be full length pants).
Regarding Claim 7, Deffner discloses a set of pants as claimed in claim 1, wherein said seat contacting portion of said back piece further includes a lower back region (i.e. region of 5 just below waistband is a lower back region)(as seen in Fig.1-3).
Regarding Claim 8, When in combination, Deffner and Polsky teach a set of pants as claimed in claim 1, wherein said back piece has no pockets in said seat contacting portion (as evidenced by Fig.1 & 2 of Polsky).
Regarding Claim 11, When in combination, Deffner and Polsky teach a set of pants as claimed in claim 1, wherein said back piece has no back seam in said seat contacting portion (as evidenced by Fig.1 & 2 of Polsky).
Regarding Claim 12, When in combination, Deffner and Polsky teach a set of pants as claimed in claim 1, wherein said back piece has no back seam and no yoke seam in said seat contacting portion (as evidenced by Fig.1 & 2 of Polsky).
Regarding Claim 15, Deffner discloses a set of pants as claimed in claim 1, wherein said pants are adapted to fit the curvature of the back region of the individual's lower body to reduce the likelihood of folds being formed at said back region when the individual is seated (as seen in Fig.3 & 4; the pants are “adapted to fit the curvature of the back region of the individual's lower body to reduce the likelihood of folds being formed at said back region when the individual is seated’, inasmuch as has been claimed by Applicant, in that the pants are contoured to follow a user’s body shape).
Regarding Claim 17, Deffner discloses a set of pants as claimed in claim 1, further comprising a waist band (as seen in Fig.3) adapted to extend around an individual's waist, said waist band being integrally formed with said back piece at said back region (as seen in Fig.3 & 4, the waistband is integral with 5).
Regarding Claim 68, Deffner discloses a method of reducing the risk of pressure sores associated with prolonged periods of sitting, the method comprising: providing a set of pants comprising: a) at least one front piece (1) adapted to cover at least a portion of a front region of an individual's lower body; b) a back piece (5) having a seat contacting portion (i.e. region of 5 covering the buttocks) that is adapted to cover at least a seat region and a thigh region of the individual's lower body (as seen in Fig.3 & 4); and c) a separate crotch piece (2) adapted to cover a crotch region of the individual's lower body, wherein said crotch piece is generally shaped as a sector of a circle with a pair of substantially straight portions (i.e. left portion of straight edge of 2 & left portion of straight edge of 2) and a convex curvilinear portion (i.e. portion of 2 along 6) joining the pair of substantially straight portions (as seen in Fig.3 & 4), the convex curvilinear portion corresponding with a concave curvilinear space defined in said back piece (as seen in Fig.3 & 4; para.15); and a pair of inseams(7), adapted to extend along an inner leg portion for each leg of the individual's lower body (para.12), and wherein said crotch piece is connected at said convex curvilinear portion by stitching along a crotch piece seam (6) to said back piece outside of said seat contacting portion, and at said pair of substantially straight portions by stitching (3) along said pair of inseams to said at least one front piece (para.11-13; as seen in Fig.3 & 4); and wearing said set of pants during prolonged periods of sitting (i.e. the pants are capable of being worn and sat in for prolonged periods of time). Deffner does not disclose wherein said seat contacting portion of said back piece is a seamless single piece of fabric; and wherein said at least one front piece and said back piece are connected by stitching along at least a portion of a pair of outseams, adapted to extend along an outer leg region for each leg of the individual's lower body. However, Polsky teaches a set of pants (10) having a seat contacting portion (i.e. region of 14 covering the buttocks) of a back piece (14) is a seamless single piece of fabric (as seen in Fig.2); and wherein at least one front piece (12) and back piece are connected by stitching along at least a portion of a pair of outseams (50,54 & 52,56; Col.6, lines 2-10), adapted to extend along an outer leg region for each leg of the individual's lower body (as seen in Fig.1-3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the pants of Deffner to have a seat contacting portion of a back piece that is a seamless piece and the front piece and back piece being connected by stitching along a pair of outseams, as taught by Polsky, in order to provide pants with a comfortable seat portion for the user and that are secured with outseam stitching in the traditionally known manner.
Regarding Claim 70, Deffner discloses a method as claimed in claim 68, wherein said seat contacting portion of said back piece further includes a lower back region (i.e. region of 5 just below waistband is a lower back region)(as seen in Fig.1-3).
Regarding Claim 79, Deffner discloses a method as claimed in claim 68, wherein said back piece has no pockets in said seat contacting portion (as evidenced by Fig.1 & 2 of Polsky).
Regarding Claim 87, Deffner discloses a method as claimed in claim 68, further comprising a waist band (as seen in Fig.3) adapted to extend around an individual's waist, said waist band being integrally formed with said back piece at said back region (as seen in Fig.3 & 4, the waistband is integral with 5).
2. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deffner (US 2006/0143800) and Polsky (US 4,371,989), in view of Boyle (US 2017/0119065).
Regarding Claim 3, Deffner and Polsky disclose the invention substantially as claimed above. Deffner discloses a set of pants as claimed in claim 2, further comprising a calf piece disposed at a calf portion of the back region of the individual's lower body (para.11; i.e. trousers are known to be full length pants). Deffner does not disclose said back piece is connected by stitching to said calf piece along a knee seam disposed at said knee region. However, Boyle teaches a pair of pants with a back piece (14b,16b above 88) and a calf piece (14b,16b below 88), said back piece is connected by stitching to said calf piece along a knee seam (88; para.22) disposed at said knee region (as seen in Fig.3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the calf piece of Deffner to be separately attached to the back piece at the knee, as taught by Boyle, in order to provide the desired aesthetic appearance to the pants.
3. Claim(s) 16 and 85 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deffner (US 2006/0143800) and Polsky (US 4,371,989), in view of Hirokazu (WO 2007/023984 A1).
Regarding Claims 16 and 85, Deffner and Polsky disclose the invention substantially as claimed above. Deffner does not disclose further comprising at least one dart formed in said back piece outside of said seat contacting portion. However, Hirokazu teaches a pair of pants (as seen in Fig.1) with at least one dart formed in said back piece outside of a seat contacting portion (see annotated Figures below).
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the back piece of Polsky to include a dart, as taught by Hirokazu, in order provide a snug fit over the seat for improved comfort to the wearer.
4. Claim(s) 18, 60, 62, and 86 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deffner (US 2006/0143800) and Polsky (US 4,371,989), in view of Gregory (US D638608).
Regarding Claims 18 and 86, Deffner and Polsky disclose the invention substantially as claimed above. Deffner does not disclose the set of pants further comprising at least one separate piece of fabric disposed between said back piece and at least one of said pair of outseams outside of said seat contacting portion, said at least one separate piece of fabric having a curved portion that corresponds with a curved space defined in said back piece to fit the curvature of the individual's back region, wherein said at least one front piece and said back piece are connected by stitching along a lower portion of said pair of outseams, and wherein said at least one separate piece of fabric is connected by stitching at said curved portion to said back piece and to said at least one front piece at an upper portion of said pair of outseams, said pair of outseams each extending along said lower portion and said upper portion of said pair of outseams along the outer leg region of the individual generally equidistant between the individual's front region and back region. However, Gregory teaches a set of shorts/pants (Fig.1) comprising at least one separate piece of fabric disposed between a back piece and at least one of said pair of outseams outside of a seat contacting portion, said at least one separate piece of fabric having a curved portion (i.e. back curved edge) that corresponds with a curved space defined in said back piece to fit the curvature of the individual's back region (see annotated Figure below), wherein said at least one front piece and said back piece are connected by stitching along a lower portion of said pair of outseams, and wherein said at least one separate piece of fabric is connected by stitching at said curved portion to said back piece and to said at least one front piece at an upper portion of said pair of outseams, said pair of outseams each extending along said lower portion and said upper portion of said pair of outseams along the outer leg region of the individual generally equidistant between the individual's front region and back region (see annotated Figure below; Pg.1, Description “In FIGS. 1-6, the elongated darker dashed lines represent stitching; the plaid pattern [i.e. separate piece] represents a stretchable material”. Inasmuch as has been claimed by Applicant, “said pair of outseams each extending along said lower portion and said upper portion of said pair of outseams along the outer leg region of the individual generally equidistant between the individual's front region and back region”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pants of Deffner to include a separate piece of fabric between the back piece and the outseams, as taught by Gregory, in order to provide enhanced flexibility of the pants and freedom of movement for the user.
Regarding Claim 60, Deffner discloses a set of pants comprising: a) at least one front piece (1) adapted to cover at least a portion of a front region of an individual's lower body; b) a back piece (5) having a seat contacting portion (i.e. region of 5 covering the buttocks) that is adapted to cover at least a seat region and a thigh region of the individual's lower body (as seen in Fig.3 & 4); c) a separate crotch piece (2) adapted to cover a crotch region of the individual's lower body;; and a pair of inseams (7), adapted to extend along an inner leg portion for each leg of the individual's lower body (para.12). Deffner does not disclose wherein said seat contacting portion of said back piece is a seamless single piece of fabric; and wherein said at least one front piece and said back piece are connected by stitching along at least a portion of a pair of outseams, adapted to extend along an outer leg region for each leg of the individual's lower body. However, Polsky teaches a set of pants (10) having a seat contacting portion (i.e. region of 14 covering the buttocks) of a back piece (14) is a seamless single piece of fabric (as seen in Fig.2); and wherein at least one front piece (12) and back piece are connected by stitching along at least a portion of a pair of outseams (50,54 & 52,56; Col.6, lines 2-10), adapted to extend along an outer leg region for each leg of the individual's lower body (as seen in Fig.1-3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the pants of Deffner to have a seat contacting portion of a back piece that is a seamless piece and the front piece and back piece being connected by stitching along a pair of outseams, as taught by Polsky, in order to provide pants with a comfortable seat portion for the user and that are secured with outseam stitching in the traditionally known manner.
Deffner and Polsky disclose the invention substantially as claimed above. Deffner does not disclose the set of pants further comprising at least one separate piece of fabric disposed between said back piece and at least one of said pair of outseams outside of said seat contacting portion, said at least one separate piece of fabric having a curved portion that corresponds with a curved space defined in said back piece to fit the curvature of the individual's back region, wherein said at least one front piece and said back piece are connected by stitching along a lower portion of said pair of outseams, and wherein said at least one separate piece of fabric is connected by stitching at said curved portion to said back piece and to said at least one front piece at an upper portion of said pair of outseams, said pair of outseams each extending along said lower portion and said upper portion of said pair of outseams along the outer leg region of the individual generally equidistant between the individual's front region and back region. However, Gregory teaches a set of shorts/pants (Fig.1) comprising at least one separate piece of fabric disposed between a back piece and at least one of said pair of outseams outside of a seat contacting portion, said at least one separate piece of fabric having a curved portion (i.e. back curved edge) that corresponds with a curved space defined in said back piece to fit the curvature of the individual's back region (see annotated Figure below), wherein said at least one front piece and said back piece are connected by stitching along a lower portion of said pair of outseams, and wherein said at least one separate piece of fabric is connected by stitching at said curved portion to said back piece and to said at least one front piece at an upper portion of said pair of outseams, said pair of outseams each extending along said lower portion and said upper portion of said pair of outseams along the outer leg region of the individual generally equidistant between the individual's front region and back region (see annotated Figure below; Pg.1, Description “In FIGS. 1-6, the elongated darker dashed lines represent stitching; the plaid pattern [i.e. separate piece] represents a stretchable material”. Inasmuch as has been claimed by Applicant, “said pair of outseams each extending along said lower portion and said upper portion of said pair of outseams along the outer leg region of the individual generally equidistant between the individual's front region and back region”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pants of Polsky to include a separate piece of fabric between the back piece and the outseams, as taught by Gregory, in order to provide enhanced flexibility of the pants and freedom of movement for the user.
Regarding Claim 62, Deffner further discloses a set of pants as claimed in claim 60, wherein said crotch piece (2) is generally shaped as a sector of a circle with a pair of substantially straight portions (i.e. left portion of straight edge of 2 & left portion of straight edge of 2) and a convex curvilinear portion (i.e. portion of 2 along 6) joining the pair of substantially straight portions (as seen in Fig.3 & 4), the convex curvilinear portion corresponding with a concave curvilinear space defined in said back piece (as seen in Fig.3 & 4; para.15) and is connected at said convex curvilinear portion by stitching along a crotch piece seam (6) to said back piece, and at said pair of substantially straight portions by stitching (3) along said pair of inseams to said at least one front piece (para.11-13; as seen in Fig.3 & 4)
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732