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 .
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.
Claim(s) 1-4, 9, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dumpson et al (US 8,784,351) in view of Kiuchi et al (US 2019/0320737). The device of Dumpson et al. teaches,
With respect to claim 1,
A lower body garment (Figures 7-9) comprising: a pair of legs (11, 12, 13, 15) joined at front and rear rise portions (62, 62, 53) and together defining a front upper edge (122) configured to be located on the underside of a wearer’s pregnant belly (figure 7) and together defining a rear upper edge (122) configured to be located proximate the wearer’s lower back (Figure 9); and a waistband (120; and belly panel not labeled) coupled to the front and rear upper edges of the pair of legs (Figures 7-9), the waistband comprising: a front waistband portion (120, and belly panel not labeled) coupled to the front upper edge (122)
and a rear waistband portion (120, and rear upper panel not labeled) coupled to the rear upper edge (122) and configured to cover the wearer’s lumbar region (Figure 9), and which, together with the front waistband portion, is configured to encircle the wearer’s torso (Figures 7-9);
wherein the rear waistband portion comprises a rear reinforced section having at least three layers (120, rear figure 9; column 4, lines 45-49), including a rear inner layer of fabric configured to contact the wearer’s skin, a rear outer layer of fabric configured to face outwardly from the wearer, and a rear middle layer of material between the rear inner and outer layers of fabric (column 4, lines 45-49);
wherein the front waistband portion comprises: a front reinforced section (120, front) having at least three layers, including a front inner layer of fabric configured to contact the wearer’s skin, a front outer layer of fabric configured to face outwardly from the wearer, and a front middle layer of material between the front inner and outer layers of fabric (column 4, lines 45-49);
And wherein an elastic modulus of the rear reinforced section (120, Dumpson et al) is greater than an elastic modulus of the rear inner and outer layers of fabric together without the rear middle layer of material (the elastic modulus of the material taught by Dumpson would be greater when the mesh insert is not present, since the mesh insert is taught to provide increased compression and support; column 2, lines 7-8); and wherein an elastic modulus of the front reinforced section (120, Dumpson et al.) is greater than an elastic modulus of the front inner and outer layers of fabric together without the front middle layer of material. (the elastic modulus of the material taught by Dumpson would be greater when the mesh insert is not present, since the mesh insert is taught to provide increased compression and support, column 2, lines 7-8).
The device of Dumpson et al. substantially discloses the claimed invention but is silent with respect to a front unreinforced portion of the front waist portion. The drawings of Dumpson et al. appear to show a belly covering panel (Figures 5-7), but the specification does not provide further clarification. The device of Dumpson et al. is silent to a belly covering portion configured to substantially cover the wearer’s pregnant belly, with respect to the embodiment shown in figures 7-9.
The device of Kiuchi et al. teaches,
A front and rear waistband portion (3, 25, 9),
And having a front unreinforced section (3, is a single layer of the garment material), comprising at least one of the front inner and outer layers of fabric (3) and in combination, is lacking the front middle layer of material.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the unreinforced section (3) taught by Kiuchi et al. in order to provide accommodation and stretch for a growing belly (para 0016).
With respect to claim 2, wherein the front reinforced section (120, front) is located at least along a lower edge (121) of the front waistband portion (Figure 7).
With respect to claim 3, wherein the front reinforced section (120, front) makes up at least a lower quarter of the front waistband portion (Figure 7), and the front unreinforced section (see belly panel 3, Kiuchi et al) makes up at least an upper third of the front waistband portion.
With respect to claim 4, the device of Dumpson et al. substantially discloses the claimed invention but is lacking a unreinforced section that is located vertically between front reinforced sections.
The device of Kiuchi et al, teaches wherein the front reinforced section (25) is also located along an upper edge of the front waistband portion (Figure 3, at least a portion of 25 extends up to the upper edge of the waistband), and the front unreinforced section (3, Kiuchi et al.) is located vertically (Kiuchi et al. Figure 1) between the front reinforced sections (25) along the lower (13) and upper edges (43) of the front waistband portion.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide improved support for the abdomen of a growing belly (para 0020).
With respect to claim 9, wherein the rear upper edge (122) is configured to be located proximate the wearer’s sacroiliac joints. (Figure 9).
With respect to claim 19,
A lower body garment comprising: a pair of legs (11, 12, 13, 14) having an upper edge (at 122, front) configured to be located below a wearer’s pregnant belly (Figure 7); and a waistband (120) connected to the upper edge of the pair of legs (Figure 7), the waistband comprising:; afront waistband (120) and a rear waistband portion (120, rear figure 9), configured to cover the wearer’s sacroiliac joints (Figure 9), and which, together with the front waistband portion, is configured to encircle the wearer’s torso (Figures 7-9);
wherein the rear waistband portion comprises a rear three-layer section (120) having an inner layer of fabric configured to contact the wearer’s skin, an outer layer of fabric configured to face outwardly from the wearer, and a middle layer of material between the inner and outer layers of fabric (column 4, lines 45-49);
wherein the front waistband portion comprises a front three-layer section having the inner layer of fabric, the middle layer of material, and the outer layer of fabric (column 4, lines 45-49; and wherein recovery of the front and rear three-layer sections is greater than recovery of the inner and outer layers of fabric together without the middle layer of material. (the elastic modulus of the material taught by Dumpson would be greater when the mesh insert is not present, since the mesh insert is taught to provide increased compression and support; column 2, lines 7-8);
The device of Dumpson et al. substantially discloses the claimed invention but is silent with respect to a front portion having no middle layer or material. The drawings of Dumpson et al. appear to show a belly covering panel (Figures 5-7), but the specification does not provide further clarification. The device of Dumpson et al. is silent to a belly covering portion configured to substantially cover the wearer’s pregnant belly, with respect to the embodiment shown in figures 7-9.
The device of Kiuchi et al. teaches,
A front and rear waistband portion (3, 25, 9),
And having a front section free from a middle layer ( 3, is a single layer of the garment material), comprising at least one of the front inner and outer layers of fabric (3) and in combination and is configured to substantially cover the pregnant belly of a wearer.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the unreinforced section (3) taught by Kiuchi et al. in order to provide accommodation and stretch for a growing belly (para 0016).
Claim(s) 11-14, 16,18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ovington (US 2020/0260805) in view of Palese et al. (US 2016/0015089).
The device of Ovington teaches,
With respect to claim 11, A lower body garment (figure 1) comprising: a pair of legs (10) joined at front and rear rise portions (Figure 1-2; para 0021) and together defining a front upper edge (where 12 joints with 10) configured to be located on the underside of a wearer’s pregnant belly (Figure 1) and together defining a rear upper edge (where 14, joins with 10) configured to be located proximate the wearer’s lower back (Figure 2);
and a waistband (12) coupled to the front and rear upper edges of the pair of legs (Figures 1 and 2) , the waistband comprising: a front waistband portion (16) coupled to the front upper edge (Figure 1) and configured to substantially cover the wearer’s pregnant belly (Figure 1); and a rear waistband portion (14) coupled to the rear upper edge and configured to cover the wearer’s lumbar region (Figure 2), and which, together with the front waistband portion, is configured to encircle the wearer’s torso (figures 1 and 2);
wherein the rear waistband portion comprises a reinforced section (para 0030), a rear outer layer configured to face outwardly from the wearer (para 0042), and a rear middle layer of high-modulus film self-bonded (para 0021) between to the outer layers (para 0044);
Wherein the front waistband comprises; a front outer layer configured to face outwardly from the wearer (para 0042), and a front middle layer of high-modulus film self-bonded between to the outer layers (para 0044; para 0036) ; and a front unreinforced section (area above 16) that does not include the front middle layer of high-modulus film (para 0020);
and wherein an elastic modulus of the front and rear reinforced sections is greater than an elastic modulus of portions of the waistband that do not include the front or rear middle layers of high-modulus film (para 0024; para 0037; para 0051) .
The device of Ovington substantially discloses the claimed invention but is lacking a rear inner layer configured to contact the wearer’s skin.
The device of Palese et al. teaches,
A garment having an outer layer, a compression layer and having a rear inner layer (104) configured to contact the wearer’s skin (para 0066),
wherein the front waistband portion (100, Figure 10b) comprises: a front reinforced section (100) having a front inner layer (104) configured to contact the wearer’s skin.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the inner layer taught by Palese et al. in order to provide increased comfort (para 0039).
With respect to claim 12, wherein the front reinforced section (16) is located at least along a lower edge of the front waistband portion (at the junction of 16 and 10; figure 1). .
With respect to claim 13, wherein the front reinforced section (16) makes up at least a lower quarter of the front waistband portion (Figure 1), and the front unreinforced section (20 area free of hashmarks; figure 1) makes up at least an upper third of the front waistband portion. (Figure 1).
With respect to claim 14, wherein the front and rear middle layers of high-modulus film are made of a plastic (para 0036) .
With respect to claim 16, wherein the front and rear middle layers of high-modulus film are mesh film (para 0037).
With respect to claim 18, wherein the rear upper edge (the junction of 10, and 14) is configured to be located proximate the wearer’s sacroiliac joints (Figure 8).
With respect to claim 20, wherein the middle layer of material is a plastic film (para 0036) that is self-bonded (para 0021) to at least one of the inner and outer layers of fabric in each of the front and rear three-layer sections.
Claim(s) 5, 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dumpson et al. and Kiuchi et al, as applied to claims 1-4, 9 and 19 above, and further in view of Ovington (US 2020/0260805).
The modified device of Dumpson et al. substantially discloses the claimed invention including a middle layer for reinforcement but is lacking a plastic material forming the middle layer.
With respect to claim 5, wherein the front and rear reinforcement layers of material are made of a plastic (para 0036)
With respect to claim 7, wherein the front and rear middle layers of material are non-textile mesh (para 0037).
With respect to claim 10, wherein the front middle layer of material is self-bonded to at least one of the front inner and outer layers of fabric, and the rear middle layer of material is self-bonded to at least one of the rear inner and outer layers of fabric (para 0021).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the plastic layer () taught by Ovington in order to provide improved support (para 0036).
Claim(s) 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dumpson et al., Kiuchi et al and Ovington (US 2020/0260805) as applied to claims 5, 7, 10 above, and further in view of Todaro et al (CA 3148041)
The modified device of Dumpson et al. substantially discloses the claimed invention but is lacking the type of plastic used for the mesh, and the weight and thickness.
The device of Todaro et al. teaches, that the type of fabric used to create the mesh was known and manufactured by Meiwa Japan, prior to the effective filing date of the invention (para 0049) and specifically,
(para 0049) and specifically,
With respect to claim 6, wherein the plastic is polystyrene. (para 0049).
With respect to claim 8, wherein the non-textile mesh is a polystyrene mesh that is 130 microns thick, has a weight of 50 grams per square meter, and has apertures having a diameter of less than 3 millimeters (para 0049).
It would have been obvious for a person having ordinary skill in the art at the time the invention was effectively filed to substitute one known plastic mesh for another known plastic mesh, in order to provide improved stretch and recovery (para 0050).
Claim(s) 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ovington (US 2020/0260805) in view of Palese et al., as applied to claims 11-14, 16, 18 and 20 above, and further in view of Todaro et al (CA 3148041).
The modified device of Dumpson et al. substantially discloses the claimed invention but is lacking the type of plastic used for the mesh, and the weight and thickness.
The device of Todaro et al. teaches, that the type of fabric used to create the mesh was known and manufactured by Meiwa Japan, prior to the effective filing date of the invention (para 0049) and specifically,
With respect to claim 15, wherein the plastic is polystyrene. (para 0049).
With respect to claim 17, wherein the non-textile mesh is a polystyrene mesh that is 130 microns thick, has a weight of 50 grams per square meter, and has apertures having a diameter of less than 3 millimeters (para 0049).
It would have been obvious for a person having ordinary skill in the art at the time the invention was effectively filed to substitute one known plastic mesh for another known plastic mesh, in order to provide improved stretch and recovery (para 0050).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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, Clinton Ostrup can be reached at 5712725559. 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.
RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732