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 .
Response to Amendment
This is in response to amendment received on 09/11/25. Independent claims 1 and 17 have been amended. Claims 1-8 and 10-17 are examined herein.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1 and 17 and the claims that depend therefrom are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). The limitations “the left knee hollow panel makes contact with the left leg of the wearer in the region of the hollow of the knee”, “the right knee hollow panel correspondingly makes contact with the right leg of the wearer in the region of the hollow of the knee”, “the two knee hollow panels each also extend across the lower, rear thigh regions of the wearer” and “the two knee hollow panels also extend across the upper calf regions of the wearer” should include the language “configured to”, “adapted to”, “when worn” or other similar language to overcome this rejection.
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) 1-3, 5-6, 8 and 10-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US 2022/0354192) in view of Winget (US 10,390,569).
In regard to claim 1, Wong teaches a legwear item made of multiple functionally different cloth materials, wherein functionally different means that the respective cloth materials differ from each other in the compression properties, stretching properties, grammage, air-permeability, surface structure, fiber properties, and/or yarn properties thereof (paragraph 0033), and comprising a waistband (waistband portion: 50), a front panel (see non-shaped portion in figure 7), a rear panel (lumbar panel: 64), two side panels (hip panels: 52 or hip panels: 52 and knee panels: 54), two knee hollow panels (non-shaded panel in figure 4 extending from lumbar panel to calf panel), and two calf panels (calf panel: 56), the front panel, the side panels, and the rear panel each being connected to the waistband (figures 3 and 4), characterized in that the two side panels, the rear panel, and the two calf panels each comprise a first cloth material for massaging and compressing leg regions of a wearer (shaded/mesh portions of garment: paragraphs 0024, 0029, 0031-0033 detailing compression of the regions and in relation to the base fabric/non-shaded portions), and that the front panel and the knee hollow panels each comprise a second cloth material (non-shaped portions of garment: paragraph 0033), and wherein the first cloth material has a greater compression than the second cloth material (paragraph 0033); wherein the rear panel extends in the worn state from a rear region of the waistband, across a buttocks region and the two rear thigh regions of the wearer, to the corresponding knee hollow panels (see figure 4, lumbar/back panel (64) extends from waistband across the buttocks and rear thigh regions on outer side of thighs and to the knee hollow panels which are the non-shaded portion below lumbar panel to calf panel in figure 4); and the left knee hollow panel makes contact with the left leg of the wearer in the region of the hollow of the knee (non-shaded panel in figure 4 extending from lumbar panel (64) to calf panel (56)), and the right knee hollow panel correspondingly makes contact with the right leg of the wearer in the region of the hollow of the knee and the two knee hollow panels each also extend across the lower (non-shaded panel in figure 4 extending from lumbar panel (64) to calf panel (56)), rear thigh regions of the wearer and/or the two knee hollow panels also extend across the upper calf regions of the wearer (non-shaded panel in figure 4 extending from lumbar panel (64) to calf panel (56)).
However, Wong fails to teach the waistband comprising a different third cloth material.
Winget et al. teaches a waistband made from of material that is brushed on the interior multiple times (column 3, lines 21-25 and column 3, lines 63-67 through column 4, lines 1-17). This multiple bushed waistband interior would provide a different third material when used as the garment waistband of Wong.
It would have been obvious before the effective filing date to one having ordinary skill in the art to have replaced the material of the waistband of Wong with the multiple brushed interior waistband material as taught by Winget et al., since the waistband of Wong provided with a multiple brushed interior cloth would provide a waistband that has an increased softer hand feel that is more comfortable against the user’s skin.
In regard to claim 2, Wong teaches a second cloth material comprises a smooth structure, and the smooth structure of the second cloth material directly contacts the skin of the wearer of the legwear item in the worn state (base fabric is the second cloth material: paragraph 0039).
In regard to claim 3, Wong teaches wherein that the first cloth material comprises polyamide, viscose, or polyester (paragraph 0039), and/or that the second cloth material comprises cotton or stretch material (paragraph 0039).
In regard to claim 5, the combined references teach wherein the third cloth material comprises a velvety surface (Winget et al.: column 3, lines 63-67 through column 4, lines 1-17).
In regard to claim 6, the combined references teach wherein the first cloth material, the second cloth material, and the third cloth material differ from each other in the compression properties, stretching properties, grammage, air-permeability, surface structure, fiber properties, and/or yarn properties thereof (Wong: teaches different first/mesh and second/base materials: paragraph 0033 and 0039 and Winget et al.: teaches the different waistband/third material column 3, lines 63-67 through column 4, lines 1-17).
In regard to claim 8, Wong teaches the front panel extends in the worn state from a front region of the waistband, across the crotch region, the two front thigh regions and inner thigh regions, to in each case at least one front knee region of the wearer (see non-shaped portions in figures 3 and 4, which are the front panel).
In regard to claim 10, Wong teaches wherein the side panels extend in the worn state from a side region of the waistband, across the outer thigh region, to an outer side knee region of the wearer (see side/hip panels: 52 in figures 5 and 8).
In regard to claim 11, Wong teaches wherein the two side panels each have a band-shaped design (see side/hip panels: 52 in figures 5 and 8).
In regard to claim 12, Wong teaches wherein the two side panels are each implemented as a single piece (see side/hip panel: 52 in figure 8).
In regard to claim 13, Wong teaches wherein the front panel is implemented in two pieces (front panel in figure 3 is two pieces) and/or that the rear panel is implemented in two pieces.
In regard to claim 14, Wong teaches characterized in that the front panel (non-shaded portion of figure 3 and 4 not including waistband) and the corresponding calf panel (calf portion : 56 in figure 4) each form a common trouser leg hem (see figures 3 and 4), or that the front panel, the corresponding knee hollow panel, and the corresponding calf panel each form a common trouser leg hem.
In regard to claim 15, Wong teaches wherein the trouser leg hem is present in the region of the calf of the wearer when worn, or that the trouser leg hem is present in the region of the ankle of the wearer when worn(see figure 8 hem is located at the wearer’s ankle).
In regard to claim 16, Wong teaches wherein that the second cloth material comprises a multiway stretch material (paragraph 0039).
In regard to claim 17, Wong teaches a legwear item made of multiple functionally different cloth materials, wherein functionally different means that the respective cloth materials differ from each other in the compression properties, stretching properties, grammage, air-permeability, surface structure, fiber properties, and/or yarn properties thereof (paragraph 0033), and comprising a waistband (waistband portion: 50), a front panel (see non-shaped portion in figure 7), a rear panel (lumbar panel: 64), two side panels (hip panels: 52 or hip panels: 52 and knee panels: 54), two knee hollow panels (non-shaded panel in figure 4 extending from lumbar panel to calf panel), and two calf panels (calf panel: 56), the front panel, the side panels, and the rear panel each being connected to the waistband (figures 3 and 4), characterized in that the two side panels, the rear panel, and the two calf panels each comprise a first cloth material for massaging and compressing leg regions of a wearer (shaded/mesh portions of garment: paragraphs 0024, 0029, 0031-0033 detailing compression of the regions and in relation to the base fabric/non-shaded portions), and that the front panel and the knee hollow panels each comprise a second cloth material (non-shaped portions of garment: paragraph 0033), and wherein the first cloth material has a greater compression than the second cloth material (paragraph 0033); wherein the rear panel extends in the worn state from a rear region of the waistband, across a buttocks region and the two rear thigh regions of the wearer, to the corresponding knee hollow panels (see figure 4, lumbar/back panel (64) extends from waistband across the buttocks and rear thigh regions on outer side of thighs and to the knee hollow panels which are the non-shaded portion below lumbar panel to calf panel in figure 4); the left knee hollow panel makes contact with the left leg of the wearer in the region of the hollow of the knee (non-shaded panel in figure 4 extending from lumbar panel (64) to calf panel (56)), and the right knee hollow panel correspondingly makes contact with the right leg of the wearer in the region of the hollow of the knee and the two knee hollow panels each also extend across the lower (non-shaded panel in figure 4 extending from lumbar panel (64) to calf panel (56)), rear thigh regions of the wearer and/or the two knee hollow panels also extend across the upper calf regions of the wearer (non-shaded panel in figure 4 extending from lumbar panel (64) to calf panel (56)); and wherein the second cloth material comprises pique or a multiway stretch material (paragraph 0040 details that base fabric being a 4-way stretch material).
However, Wong fails to teach the waistband comprising a different third cloth material.
Winget et al. teaches a waistband made from of material that is brushed on the interior multiple times (column 3, lines 21-25 and column 3, lines 63-67 through column 4, lines 1-17). This multiple bushed waistband interior would provide a different third material when used as the garment waistband of Wong.
It would have been obvious before the effective filing date to one having ordinary skill in the art to have replaced the material of the waistband of Wong with the multiple brushed interior waistband material as taught by Winget et al., since the waistband of Wong provided with a multiple brushed interior cloth would provide a waistband that has an increased softer hand feel that is more comfortable against the user’s skin.
Claim(s) 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US 2022/0354192) and Winget (US 10,390,569) as applied to claim 1 above, and further in view of Hays et al. (US 2019/0021404).
It is noted that claim 2 has an “or” statement therein, which requires only one of the limitations to be met. Wong teaches the second cloth material limitation of claim 2, but in this rejection Hays et al. has been brought in to teach the raised surface of the first cloth material which is the other “or” limitation of claim 2.
Wong and Winget fail to teach the first cloth having a raised surface.
In regard to claims 2 and 7, Hays et al. teaches a shapewear garment comprising a first material with a raised structure (paragraph 0011, 0019 and 0027), the raised structure of the first cloth material directly contacts the skin of the wearer of the legwear item in the worn state ( paragraph 0025 and 0023), and wherein the raised structure of the first cloth material is implemented in the form of napping (product-by-process limitation, Hays et al. teaches the raised surface: paragraph 0027). The limitation directed to the napping forming the raised surface is a product-by-process limitation. In product-by-process limitations the final garment structure needs to teach the raised surface but not the method in which the raised surface was made (see MPEP 2113).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the first cloth of Wong and Winget to be provided with a raised structure as taught by Hays et al., since the first cloth of Wong provided with a raised structure/flocking would provide a legwear garment that can restrain and conceal leg/body fat to provide a smooth appearance (Hays et al.: paragraph 0011 and 0019).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US 2022/0354192) and Winget (US 10,390,569) as applied to claim 1 above, and further in view of Shen et al. (US 2014/0366585).
Wong and Winget fail to teach the second cloth material having greater breathability than the first cloth material.
In regard to claim 4, Shen et al. teaches a cloth material at the front and knee hollows that comprises ventilation zones that have greater breathability than the remainder of the garment (ventilation zones: 240 in figures 1A and 1B in the front and back of knees; paragraphs 0030 and 0052).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the second cloth material of the front and knee hollows of Wong and Winget to comprise ventilation zones as taught by Shen et al., since the front and knee portions of Wong and Winget made with the second fabric comprising ventilation zones would provide a garment with airflow and cooling of the wearer at the front and knee hollows during use (Shen et al: paragraph 0052).
Response to Arguments
Applicant's arguments filed 09/11/25 have been fully considered but they are not persuasive.
Applicant argues that the interpretation of the knee hollow panels of Wong is unreasonable since it covers a greater area of the garment than applicants.
Wong teaches the knee hollow panels as the the non-shaded portion below lumbar panel to calf panel in figure 4, which read on the structure of the knee hollow panels as claimed. The knee hollow panels extending along a greater portion of the garment structure of Wong than applicant, does not get around the limitations as claimed.
Applicant argues that Wong fails to teach the limitation of claim 1, detailing “wherein the rear panel extends in a worn state from a rear region of the waistband across a buttocks region and two rear thigh regions of the wearer, to the corresponding knee hollow panels”.
Wong teaches wherein the rear panel extends in the worn state from a rear region of the waistband, across a buttocks region and the two rear thigh regions of the wearer, to the corresponding knee hollow panels (see figure 4, lumbar/back panel/rear panel (64) extends from waistband (50) across the buttocks and rear thigh regions on outer side of thighs and to the knee hollow panels (see figure 4, rear panel/buttocks region 64 extends across a buttocks and to the two rear thigh regions at the sides of the tights)(knee hollow panels are the non-shaded portion below lumbar panel to calf panel in figure 4)).
Applicant argues that the prior art fails to teach the amendments tot claims 1 and 17.
The amendments to claims 1 and 17 are taught by Wong as detailed above in the office action.
Conclusion
THIS ACTION IS MADE FINAL. 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 ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached on (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732