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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/13/2026 has been entered. Claims 1, 2, 6-10, 12-18, 20, 21, and 23-31 remain pending in the application, with Claims 1, 7, 20, and 23 being newly amended.
Claim Rejections - 35 USC § 103
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, 2, 4, 7-10, and 14-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gagliardo (US 2018/0318142) in view of McManus (US D750346).
Regarding Claim 1, Gagliardo teaches a waistband (see annotated Fig.) for a garment (100), comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (annotated fig. 1A shows the front panel positioned to cover a portion of the wearer’s front waistline), the front panel having a upper edge (see annotated Fig.), a lower edge (see annotated Fig.) and two side edges (see annotated Fig.) (annotated fig. 1A shows the upper, lower, and side edges of the front panel), the front panel having a vertical top to bottom length extending between the upper edge and the lower edge of the front panel, wherein the vertical top to bottom length of the front panel is uniform (fig. 1A shows the vertical top to bottom length of the front panel at least appearing to be uniform, additionally or in the alternative it would have been obvious to create the front panel of a uniform vertical length to as to allow the pieces to more efficiently be cut out for manufacturing, decreasing manufacturing costs); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 1B shows the back panel being positioned to cover a portion of the wearer’s rear waistline), the back panel having a upper edge (see annotated Fig.), lower edge (see annotated Fig.) and two side edges (see annotated Fig.) (annotated fig. 1B shows the back panel having an upper, lower, and side edges), the back panel having a vertical top to bottom length extending between the upper edge and the lower edge of the back panel, (fig. 1B shows the back panel having a vertical top to bottom length extending between the upper and lower edges) and being free of seams between the respective upper and lower edges of the back panel (annotated fig. 1B shows the back panel being free of seams between the upper and lower edges of the back panel); two side panels (110a,b), each of the two side panels configured to connect the front panel and the back panel (figs. 1A, 1B and 2 show the side panels (110a,b) connecting the front and back panels), the each of the two side panel having an upper edge (see annotated Fig.), a lower edge (see annotated Fig.), and two side edges (see annotated Fig.) (annotated figs. 1A, 1B, and 2 show the side panels (110a,b) having an upper, lower, and side edges), wherein each of the two side panels are free of seams between the respective upper and lower edges (fig. 2 shows the side panel being free of seams, as stitching (116) is a “topstitch portion (paragraph [0019]) and therein not a seam); wherein the each of the two side panels provide an amount of compression greater than the compression of the front panel or back panel (paragraph [0019] teaches “One or more elastic support bands (not shown in FIGS. 1A and 1B) are integrated into each of the hip panels 110a-b, stretching in a latitudinal direction (along the length of the leg) to provide an additional source of compression against the hips,” wherein as the elastic bands provide additional compression, the side panels clearly provide more compression than the front or back panels that lack the bands).
Gagliardo does not teach wherein the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel, and wherein a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel.
Attention is drawn to McManus, which teaches an analogous article of apparel. McManus teaches a waistband for a garment, comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (annotated fig. 1 shows the front panel configured to cover a wearer’s front and waistline), the front panel having a upper edge, a lower edge and two side edges (Annotated fig. 1 shows the front panel having the edges as claimed), the front panel having a vertical top to bottom length extending between the upper edge and the lower edge of the front panel, wherein the vertical top to bottom length of the front panel is uniform (annotated fig. 1 shows the front panel having a uniform vertical top to bottom length); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 2 shows the back panel configured to cover a wearer’s back and waistline), the back panel having a upper edge, lower edge and two side edges (Annotated fig. 2 shows the back panel having the edges as claimed), the back panel having a vertical top to bottom length extending between the upper edge and the lower edge of the back panel, wherein the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel (annotated fig. 3 shows the back panel having a vertical top to bottom length that is greater than the top to bottom length of the front panel); two side panels (see annotated Fig.) configured to connect the front panel and the back panel, each side panel having a upper edge, a lower edge, and two side edges (Annotated figs. 3 and 4 show the side panels having the edges as claimed and connecting the front and back panels), wherein a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel (Annotated figs. 3 and 4 show the first side edge proximate the front panel having a greater vertical top to bottom length than the second side edge proximate the back panel).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of McManus such that the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel and such that a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel so as to add visual interest and aesthetic appeal to the garment with the seam lines, and further to help accentuate the shape of the wearer’s body.
Regarding Claim 2, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Gagliardo further teaches wherein the front panel (see annotated Fig.), back panel (see annotated Fig.), and two side panels (110a, b) comprise one or more fabric layers (paragraph [0016], “a polyester-spandex blend in the ratio of approximately 88% polyester and 12% spandex is particularly well suited for use in the waistband 102, while material having a nylon-spandex blend of approximately 72% nylon and 28% spandex is well suited for use in the inner lining,” wherein waistband 102 includes both the front and rear panels; paragraph [0018], “hip panels 110a-b are constructed from a resilient but comfortable elastic material (such as the 88/12 polyester-spandex blend described above) to provide multiple layers of structural support”; therefore the front, back, and side panels all clearly comprise one or more fabric layers).
Regarding Claim 6, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above.
Gagliardo does not teach wherein the vertical top to bottom length of the front panel is less than 70% of the vertical top to bottom length of the back panel.
Attention is drawn to McManus, which teaches an analogous article of apparel. McManus teaches a waistband for a garment, comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (annotated fig. 1 shows the front panel configured to cover a wearer’s front and waistline), the front panel having a upper edge, a lower edge and two side edges (Annotated fig. 1 shows the front panel having the edges as claimed), the front panel having a vertical top to bottom length extending between the upper edge and the lower edge of the front panel, wherein the vertical top to bottom length of the front panel is uniform (annotated fig. 1 shows the front panel having a uniform vertical top to bottom length); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 2 shows the back panel configured to cover a wearer’s back and waistline), the back panel having a upper edge, lower edge and two side edges (Annotated fig. 2 shows the back panel having the edges as claimed), the back panel having a vertical top to bottom length extending between the upper edge and the lower edge of the back panel, wherein the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel (annotated fig. 3 shows the back panel having a vertical top to bottom length that is greater than the top to bottom length of the front panel); two side panels (see annotated Fig.) configured to connect the front panel and the back panel, each side panel having a upper edge, a lower edge, and two side edges (Annotated figs. 3 and 4 show the side panels having the edges as claimed and connecting the front and back panels), wherein a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel (Annotated figs. 3 and 4 show the first side edge proximate the front panel having a greater vertical top to bottom length than the second side edge proximate the back panel). McManus further teaches wherein the vertical top to bottom length of the front panel is less than 70% of the vertical top to bottom length of the back panel (figs. 3 and 4 show the front panel vertical length being approximately 50%, and therein less than 70% of the back panel vertical length).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of McManus such that the vertical top to bottom length of the front panel is less than 70% of the vertical top to bottom length of the back panel so as to add visual appeal to the garment and further so as to fit the garment to the wearer more comfortably, as the back rise of a wearer is often longer than the front rise of a wearer.
Regarding Claim 7, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Gagliardo further teaches wherein one or more of the two side panels (110a,b) exhibits greater elastic recovery than the front panel or back panel (paragraph [0016] teaches “a polyester-spandex blend in the ratio of approximately 88% polyester and 12% spandex is particularly well suited for use in the waistband 102, while material having a nylon-spandex blend of approximately 72% nylon and 28% spandex is well suited for use in the inner lining,” wherein waistband 102 includes both the front and rear panel, paragraph [0018] teaches “hip panels 110a-b are constructed from a resilient but comfortable elastic material (such as the 88/12 polyester-spandex blend described above) to provide multiple layers of structural support,” and paragraph [0019] teaches “One or more elastic support bands (not shown in FIGS. 1A and 1B) are integrated into each of the hip panels 110a-b,” therein the side panels (110a,b) (an outer and inner liner layer plus integrated elastic bands) clearly have greater elastic recovery, due to the integrated elastic support bands, than the front or back panels (only an outer and inner liner layer), which do not include the integrated elastic support bands).
Regarding Claim 8, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Gagliardo further teaches wherein one or more of the two side panels (110a,b) are constructed of a different fabric than the front panel (see annotated Fig.) or back panel (see annotated Fig.) (paragraph [0016] teaches “The waistband 102 in some embodiments also includes a reinforcing inner layer, such as one made from a soft, elastic, mesh-like material, that integrates into the waistband 102 for additional support in this region of the wearer's body,” wherein the waistband is referring to both the front and back panels, as shown in figs. 1A-B, and wherein as the soft elastic mesh is not included in the two side panels, the front or back panel are clearly constructed of a different material).
Regarding Claim 9, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Gagliardo further teaches wherein the two side panels (110a, b) are constructed of one or more same fabric (paragraph [018], “hip panels 110a-b are constructed from a resilient but comfortable elastic material (such as the 88/12 polyester-spandex blend described above)”).
Regarding Claim 10, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Gagliardo further teaches wherein the front panel (see annotated Fig.) and back panel (see annotated Fig.) are constructed of one or more same fabric (paragraph [0016], “a material having a polyester-spandex blend in the ratio of approximately 88% polyester and 12% spandex is particularly well suited for use in the waistband 102”).
Regarding Claim 14, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above.
Gagliardo does not teach wherein the back panel lower edge forms a substantially concave line.
Attention is drawn to McManus, which teaches an analogous article of apparel. McManus teaches a waistband for a garment, comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (annotated fig. 1 shows the front panel configured to cover a wearer’s front and waistline), the front panel having a upper edge, a lower edge and two side edges (Annotated fig. 1 shows the front panel having the edges as claimed), the front panel having a vertical top to bottom length extending between the upper edge and the lower edge of the front panel, wherein the vertical top to bottom length of the front panel is uniform (annotated fig. 1 shows the front panel having a uniform vertical top to bottom length); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 2 shows the back panel configured to cover a wearer’s back and waistline), the back panel having a upper edge, lower edge and two side edges (Annotated fig. 2 shows the back panel having the edges as claimed), the back panel having a vertical top to bottom length extending between the upper edge and the lower edge of the back panel, wherein the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel (annotated fig. 3 shows the back panel having a vertical top to bottom length that is greater than the top to bottom length of the front panel); two side panels (see annotated Fig.) configured to connect the front panel and the back panel, each side panel having a upper edge, a lower edge, and two side edges (Annotated figs. 3 and 4 show the side panels having the edges as claimed and connecting the front and back panels), wherein a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel (Annotated figs. 3 and 4 show the first side edge proximate the front panel having a greater vertical top to bottom length than the second side edge proximate the back panel). McManus further teaches wherein the back panel lower edge forms a substantially concave line (Annotated fig. 2 shows the back panel lower edge forming a substantially concave line).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of McManus such that the back panel lower edge forms a substantially concave line so as the back panel is shaped in a manner that accentuates the shape of the wearer’s behind, adding to the aesthetic appeal of the waistband.
Regarding Claim 15, Gagliardo teaches all of the limitations of the waistband of Claim 14, as discussed in the rejections above.
Gagliardo does not teach wherein the lower edge of one or more of the two side panels aligns with the substantially concave back panel lower edge to form an extended substantially concave line.
Attention is drawn to McManus, which teaches an analogous article of apparel. McManus teaches a waistband for a garment, comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (annotated fig. 1 shows the front panel configured to cover a wearer’s front and waistline), the front panel having a upper edge, a lower edge and two side edges (Annotated fig. 1 shows the front panel having the edges as claimed), the front panel having a vertical top to bottom length extending between the upper edge and the lower edge of the front panel, wherein the vertical top to bottom length of the front panel is uniform (annotated fig. 1 shows the front panel having a uniform vertical top to bottom length); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 2 shows the back panel configured to cover a wearer’s back and waistline), the back panel having a upper edge, lower edge and two side edges (Annotated fig. 2 shows the back panel having the edges as claimed), the back panel having a vertical top to bottom length extending between the upper edge and the lower edge of the back panel, wherein the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel (annotated fig. 3 shows the back panel having a vertical top to bottom length that is greater than the top to bottom length of the front panel); two side panels (see annotated Fig.) configured to connect the front panel and the back panel, each side panel having a upper edge, a lower edge, and two side edges (Annotated figs. 3 and 4 show the side panels having the edges as claimed and connecting the front and back panels), wherein a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel (Annotated figs. 3 and 4 show the first side edge proximate the front panel having a greater vertical top to bottom length than the second side edge proximate the back panel), and wherein the back panel lower edge forms a substantially concave line (Annotated fig. 2 shows the back panel lower edge forming a substantially concave line). McManus further teaches wherein the lower edge of one or more of the two side panels aligns with the substantially concave back panel lower edge to form an extended substantially concave line (Annotated figs. 3 and 4 show the lower edge of the side panels aligning with the concave back panel lower edge to form an extended substantially concave line).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of McManus such that the lower edge of one or more of the two side panels aligns with the substantially concave back panel lower edge to form an extended substantially concave line so as the back and side panels are shaped in a manner that accentuates the shape of the wearer’s behind, adding to the aesthetic appeal of the waistband.
Regarding Claim 16, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Gagliardo further teaches wherein one or more of the two side panels further comprises one or more of a fabric coating, an applied compression fabric, an applied compression mesh, an adhesive applied on a fabric surface, or an adhesive applied between one or more fabric layer (paragraph [0019] teaches “One or more elastic support bands (not shown in FIGS. 1A and 1B) are integrated into each of the hip panels 110a-b, stretching in a latitudinal direction (along the length of the leg) to provide an additional source of compression against the hips,” wherein the elastic support bands are considered as equivalent to an applied compression fabric, and as the elastic bands provide additional compression, the side panels clearly provide more compression than the front or back panels that lack the bands).
Regarding Claim 17, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Gagliardo further teaches wherein the garment is one of a short, pant, trouser, legging, skirt, skort, dress, swimsuit, bodysuit, romper, or jumpsuit (paragraph [0021], “The garment 100 as shown in FIGS. 1A and 1B takes the form of a long pair of form-fitting pants”).
Regarding Claim 18, Gagliardo teaches a garment (100) having the waistband (102) according to claim 1 (fig. 1A-B shows a garment having the waistband (102) according to Claim 1) wherein the garment is one of a short, pant, trouser, legging, skirt, skort, dress, swimsuit, bodysuit, romper, or jumpsuit (paragraph [0021], “The garment 100 as shown in FIGS. 1A and 1B takes the form of a long pair of form-fitting pants”).
Regarding Claim 19, Gagliardo teaches all of the limitations of the waistband of Claim 18, as discussed in the rejections above. Gagliardo further teaches wherein the garment (100) is a short, pant, trouser, legging, skirt, skort, dress, swimsuit, bodysuit, romper, or jumpsuit (paragraph [0021], “The garment 100 as shown in FIGS. 1A and 1B takes the form of a long pair of form-fitting pants”).
Regarding Claim 20, Gagliardo teaches a waistband (see annotated Fig.) for a bottom wear (100), comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (annotated fig. 1A shows the front panel positioned to cover a portion of the wearer’s front waistline), the front panel having an upper edge, a lower edge, and first and second side edges (annotated fig. 1A shows the claimed edges of the front panel); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 1B shows the back panel being positioned to cover a portion of the wearer’s rear waistline), the back panel having an upper edge, a lower edge, and first and second side edges (annotated fig. 1B shows the claimed edges of the back panel) and being free of seams between the respective upper and lower edges of the back panel (annotated fig. 1B shows the back panel being free of seams between the upper and lower edges of the back panel); a first side panel (110a) configured to connect to a first side edge of the front panel and a first side of the back panel (figs. 1A and 1B show the first side panel (110a) being connected to first side edge of each of the front and back panels), and a second side panel (110b) configured to connect to a second side edge of the front panel and a second side of the back panel, thereby defining a circumference of the waistband (figs. 1A and 1B show the second side panel (110b) being connected to second side edge of each of the front and back panels; the front, back, first side, and second side panel therein defining a circumference of the waistband); wherein the first and second side panels individually provide an amount of circumferential compression greater than the front panel or back panel (paragraph [0019] teaches “One or more elastic support bands (not shown in FIGS. 1A and 1B) are integrated into each of the hip panels 110a-b, stretching in a latitudinal direction (along the length of the leg) to provide an additional source of compression against the hips,” wherein as the elastic bands extend along the circumference of the garment provide additional compression in the circumferential direction, the side panels clearly provide more circumference compression than the front or back panels that lack the bands), wherein a respective first side edge of the first and second side panels is connected to the first side edge and the second side edge of the front panel and a respective second side edge of the first and second side panels is connected to the first side edge and the second side edge of the back panel (fig. 2 shows the first edges attached to the front panel and the second edges attached to the back panel), and the second side edges of the first side panel and the second side panel each terminate at the lower edge of the back panel (fig. 2 shows the second side edges terminating at the lower edge of the back panel).
Gagliardo does not teach wherein a respective first side edge of the first and second side panels connected to the first side edge and the second side edge of the front panel has a greater vertical top to bottom length than a vertical top to bottom length of a respective second side edge of the first and second side panels connected to the first side edge and the second side edge of the back panel.
Attention is drawn to McManus, which teaches an analogous article of apparel. McManus teaches a waistband for bottom wear, comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (annotated fig. 1 shows the front panel configured to cover a wearer’s front and waistline); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 2 shows the back panel configured to cover a wearer’s back and waistline); a first side panel (see annotated Fig.) configured to connect to a first side edge of the front panel and a first side edge of the back panel, and a second side panel (see annotated Fig.) configured to connect to a second side edge of the front panel and a second side edge of the back panel, thereby defining a circumference of the waistband (Annotated figs. 3 and 4 show the first and second side panels, respectively, connecting the front and back panels as claimed to define a circumference of the waistband) , wherein a respective first side edge of each of the two side panels the first and second side panels connected to the first side edge and the second side edge of the front panel has greater vertical top to bottom length than a vertical top to bottom length of a respective second side edge of the first and second side panels connected to the first side edge and the second side edge of the back panel (Annotated figs. 3 and 4 show the first side edges connected to the front panel having a greater vertical top to bottom length than the second side edges connected to the back panel).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of McManus such that that a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel so as to add visual interest and aesthetic appeal to the garment with the seam lines, and further to help accentuate the shape of the wearer’s body.
Regarding Claim 21, Gagliardo teaches a bottom wear (100) having the waistband (102) according to claim 20 (figs. 1A-B show the bottomwear (100) having the waistband (102) according to Claim 20), wherein the garment is one of a short, pant, trouser, legging, skirt, skort, dress, swimsuit, bodysuit, romper, or jumpsuit (paragraph [0021], “The garment 100 as shown in FIGS. 1A and 1B takes the form of a long pair of form-fitting pants”).
Regarding Claim 30, Gagliardo teaches all of the limitations of the waistband of Claim 20, as discussed in the rejections above. Gagliardo further teaches wherein the first side panel and the second side panel are each free of seams between the respective upper and lower edges (fig. 2 shows the side panel being free of seams, as stitching (116) is a “topstitch portion (paragraph [0019]) and therein not a seam).
Regarding Claim 31, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Gagliardo further teaches wherein the second side edge of each of the two side panels terminates at the lower edge of the back panel (fig. 2 shows the second side edge of the side panels terminating at the lower edge of the back panel).
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Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gagliardo (US 2018/0318142) in view of McManus (US D750346), and further in view of Albanese (US 2018/0132544).
Regarding Claim 12, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above.
Gagliardo does not teach an elasticized accessory strap having a top edge and a bottom edge and attached to a side panel.
Attention is drawn to Albanese, which teaches an analogous article of apparel. Albanese teaches a garment (10) comprising a waistband (16) and a panel (see annotated Fig.). Albanese further teaches an elasticized accessory strap (12) having a top edge (see annotated Fig.) and a bottom edge (see annotated Fig.) and attached to a panel (paragraph [0029], “The strap 12 may include a first end and a second end each attached to an outer surface of the first leg sleeve”; annotated fig. 4 shows the strap having a top and bottom edge attached to a panel; paragraph [0030], “the straps 12 may be made of an elastic stretchable material”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of Albanese such that the waistband includes an elasticized accessory strap having a top edge and a bottom edge and attached to a side panel so as to allow the user to have a portion of the garment to grasp when necessary (paragraph [0029], “A user 14 may grasp the strap 12”).
Regarding Claim 13, Gagliardo teaches all of the limitations of the waistband of Claim 12, as discussed in the rejections above.
Gagliardo does not teach wherein the elasticized accessory strap is attached to the side panel such that the bottom edge of the elasticized accessory strap is offset from the bottom edge of the front panel.
Attention is drawn to Albanese, which teaches an analogous article of apparel. Albanese teaches a garment (10) comprising a waistband (16) and a panel (see annotated Fig.), and an elasticized accessory strap (12) having a top edge (see annotated Fig.) and a bottom edge (see annotated Fig.) and attached to a panel (paragraph [0029], “The strap 12 may include a first end and a second end each attached to an outer surface of the first leg sleeve”; annotated fig. 4 shows the strap having a top and bottom edge attached to a panel; paragraph [0030], “the straps 12 may be made of an elastic stretchable material”). Albanese further teaches wherein the elasticized accessory strap (12) is attached to a panel such that the bottom edge of the elasticized accessory strap is offset from the bottom edge of a second panel (Albanese does not explicitly teach wherein the strap (12) is attached to be offset from the bottom edge of a second panel, however Albanese teaches that the straps may be positioned at several different positions along a wearer’s leg, therefore it would have been obvious to place the strap offset from the bottom edge of another panel so as to reduce bulk in the seams, increasing the wearer’s comfort).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of Albanese such that the elasticized accessory strap is attached to the side panel such that the bottom edge of the elasticized accessory strap is offset from the bottom edge of the front panel so as to avoid bulk in the seams that would result from the alignment of the straps and the bottom edge of the front panel, therein increasing the wearer’s comfort.
Regarding Claim 23, Gagliardo teaches a method for forming a waistband for a garment, the method comprising: providing a front panel (see annotated Fig.) having an upper edge, a lower edge, two side edges, and a vertical top to bottom length extending between the upper edge and the lower edge of the front panel, wherein the vertical top to bottom length of the front panel is uniform (fig. 1A shows the vertical top to bottom length of the front panel at least appearing to be uniform, additionally or in the alternative it would have been obvious to create the front panel of a uniform vertical length to as to allow the pieces to more efficiently be cut out for manufacturing, decreasing manufacturing costs), wherein the front panel when worn on a body is configured to cover a portion of the body proximate to the front and waistline (annotated fig. 1A shows the front panel positioned to cover a portion of the wearer’s front waistline when worn) a back panel (see annotated Fig.) having an upper edge, a lower edge, two side edges and being free of seams between the respective upper and lower edges of the back panel (annotated fig. 1B shows the back panel being free of seams between the upper and lower edges of the back panel), and a vertical top to bottom length extending between the upper edge and the lower edge of the back panel, (fig. 1B shows the back panel having a vertical top to bottom length extending between the upper and lower edges), wherein the back panel when worn on a body is configured to cover a portion of the body proximate to the back and waistline (annotated fig. 1B shows the back panel being positioned to cover a portion of the wearer’s rear waistline) the back panel, and 2 side panels (110a,b), (figs. 1A and 1B show the front, back, and side panels being provided) wherein the two side panels provide an amount of circumferential compression greater than the front panel or back panel (paragraph [0019] teaches “One or more elastic support bands (not shown in FIGS. 1A and 1B) are integrated into each of the hip panels 110a-b, stretching in a latitudinal direction (along the length of the leg) to provide an additional source of compression against the hips,” wherein as the elastic bands extend along the circumference of the garment provide additional compression in the circumferential direction, the side panels clearly provide more circumference compression than the front or back panels that lack the bands); and connecting the two side panels to the front panel and the back panel to form the waistband (annotated figs. 1A and 1B show the two side panels connected to the front and back panels to form the waistband).
Gagliardo does not teach wherein the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel and wherein a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel, providing an accessory strap having first and second ends and upper and lower edges, attaching the first end of the accessory strap to one of the side panels between the upper and lower edges of the back panel; and attaching the second end of the accessory strap to the one of the side panels between the upper and lower edges of the front panel.
Attention is drawn to McManus, which teaches an analogous article of apparel. McManus teaches a waistband for a garment, comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (annotated fig. 1 shows the front panel configured to cover a wearer’s front and waistline), the front panel having a upper edge, a lower edge and two side edges (Annotated fig. 1 shows the front panel having the edges as claimed), the front panel having a vertical top to bottom length extending between the upper edge and the lower edge of the front panel, wherein the vertical top to bottom length of the front panel is uniform (annotated fig. 1 shows the front panel having a uniform vertical top to bottom length); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 2 shows the back panel configured to cover a wearer’s back and waistline), the back panel having a upper edge, lower edge and two side edges (Annotated fig. 2 shows the back panel having the edges as claimed), the back panel having a vertical top to bottom length extending between the upper edge and the lower edge of the back panel, wherein the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel (annotated fig. 3 shows the back panel having a vertical top to bottom length that is greater than the top to bottom length of the front panel); two side panels (see annotated Fig.) configured to connect the front panel and the back panel, each side panel having a upper edge, a lower edge, and two side edges (Annotated figs. 3 and 4 show the side panels having the edges as claimed and connecting the front and back panels), wherein a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel (Annotated figs. 3 and 4 show the first side edge proximate the front panel having a greater vertical top to bottom length than the second side edge proximate the back panel).
Attention is drawn to Albanese, which teaches an analogous article of apparel. Albanese teaches a garment (10) comprising a waistband (16) and a panel (see annotated Fig.), and an elasticized accessory strap (12) having a top edge (see annotated Fig.) and a bottom edge (see annotated Fig.) and attached to a panel (paragraph [0029], “The strap 12 may include a first end and a second end each attached to an outer surface of the first leg sleeve”; annotated fig. 4 shows the strap having a top and bottom edge attached to a panel; paragraph [0030], “the straps 12 may be made of an elastic stretchable material”), wherein the elasticized accessory strap (12) is attached to the one of the side panels between the upper and lower edges of the front panel (Albanese shows the strap (12) attached by its ends. Albanese does not explicitly teach wherein the strap (12) is between the upper and lower edges, however Albanese teaches that the straps may be positioned at several different positions along a wearer’s leg, therefore it would have been obvious to place the strap offset between the upper and lower edges so as to reduce bulk in the seams, increasing the wearer’s comfort).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of McManus such that the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel and such that a first side edge of each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of each of the two side panels proximate to the back panel so as to add visual interest and aesthetic appeal to the garment with the seam lines, and further to help accentuate the shape of the wearer’s body. As Gagliardo teaches all of the structural limitations of Claim 23 as cited above, the recited method steps such as “providing” and “connecting” would have necessarily been practiced under normal manufacturing of the garment. The method of manufacturing as claimed is therefore not novel as the references above have recited the claimed structure and further to modify Gagliardo to include the teachings of Albanese such that the elasticized accessory strap provided and is attached to the one of the side panels between the upper and lower edges of the front panel so as to avoid bulk in the seams that would result from the alignment of the straps and the bottom edge of the front panel, therein increasing the wearer’s comfort.
Regarding Claim 24, Gagliardo teaches all of the limitations of the method of Claim 23, as discussed in the rejections above. Gagliardo further teaches attaching the waistband (102) to a garment (figs. 1A-B shows the waistband being attached to the garment, and paragraph [0018] A pair of leg panels 104a-b attaches to and extends downward from the waistband 102,” therein the method step of attaching the waistband (102) to the garment (100), which includes leg panels (104a-b), necessarily occurs).
As Gagliardo teaches all of the structural limitations of Claim 24 as cited above, the recited method steps such as “attaching” would have necessarily been practiced under normal manufacturing of the garment. The method of manufacturing as claimed is therefore not novel as the references above have recited the claimed structure.
Regarding Claim 25, Gagliardo teaches all of the limitations of the method of Claim 24, as discussed in the rejections above. Gagliardo further teaches wherein the garment (100) is a short, pant, trouser, legging, skirt, skort, dress, swimsuit, bodysuit, romper, or jumpsuit (paragraph [0021], “The garment 100 as shown in FIGS. 1A and 1B takes the form of a long pair of form-fitting pants”).
As Gagliardo teaches all of the structural limitations of Claim 25 as cited above, the recited method steps would have necessarily been practiced under normal manufacturing of the garment. The method of manufacturing as claimed is therefore not novel as the references above have recited the claimed structure.
Regarding Claim 28, Gagliardo teaches all of the limitations of the method of Claim 23, as discussed in the rejections above. Gagliardo further teaches wherein attaching the first end of the accessory strap comprises positioning the upper edge of the accessory strap adjacent to the upper edge of the back panel and attaching the first end (as Gagliardo is modified above such that the accessory strap is attached by its ends between the top and bottom edge of the side panel, the upper edge of the accessory strap is clearly adjacent the upper edge of the back panel).
Regarding Claim 29, Gagliardo teaches all of the limitations of the method of Claim 28, as discussed in the rejections above. Gagliardo further teaches wherein attaching the second end of the accessory strap comprises positioning the lower edge of the accessory strap adjacent to the lower edge of the front panel and attaching the second end (as Gagliardo is modified above such that the accessory strap is attached by its ends between the top and bottom edge of the side panel, the lower edge of the accessory strap is clearly adjacent the lower edge of the front panel).
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Claim(s) 26 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gagliardo (US 2018/0318142) in view of McManus (US D750346), and further in view of Stallbaum et al. (US 2018/0325189).
Regarding Claim 26, Gagliardo teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above.
Gagliardo does not teach wherein each of the side panels comprises an engineered support structure comprising a pattern of plurality of adhesive dots.
Attention is drawn to Stallbaum et al., which teaches an analogous article of apparel. Stallbaum et al. teaches a waistband (2) for a garment (1), comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (fig. 1 shows the front panel being word and cover a portion of the body proximate the front and waistline), the front panel having a upper edge, a lower edge and two side edges, the front panel having a vertical top to bottom length extending between the upper edge and the lower edge of the front panel (annotated fig. 2 shows the front panel having the edges and lengths as claimed); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 2 shows the back panel being opposite the front panel and therein configured to cover a wearer’s back and waistline), the back panel having a upper edge, lower edge and two side edges, the back panel having a vertical top to bottom length extending between the upper edge and the lower edge of the back panel (annotated fig. 2 shows the back panel having the edges and lengths as claimed); two side panels (see annotated Fig.) configured to connect the front panel and the back panel, each side panel having a upper edge, a lower edge, and two side edges (annotated fig. 2 shows the side panels configured to connect the front and back panels and having the edges as claimed). Stallbaum et al. further teaches wherein each of the side panels comprises an engineered support structure (21, 23) comprising a pattern of plurality of adhesive dots matrix (fig. 2 shows the side panels having a support structure that is a pattern of a dots matrix; paragraph [0020] teaches “The slip resistant protrusions may be made of silicone,” wherein silicone is considered as an adhesive as it adheres to the waistband)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of Stallbaum et al. such that each of the side panels comprises an engineered support structure comprising a pattern of plurality of adhesive dots matrix so as to allow a firm grip to be achieved on the garment (paragraph [0019] “to enable a fellow athlete to get a firm grip onto the athlete wearing the garment 1. In particular, the slip resistant protrusions 21,23,31,41 are provided to prevent a base athlete to loose grip of a flyer athlete during the performance of stunts in which the flyer athlete is thrown into and caught out of the air.”).
Regarding Claim 27, Gagliardo teaches all of the limitations of the waistband of Claim 26, as discussed in the rejections above.
Gagliardo does not teach wherein the engineered support structure comprises at least one first zone with a first level of support defined by a first adhesive dots density or a first size of the adhesive dots and at least one second zone with a second level of support defined by a second adhesive dots density or a second size of the adhesive dots.
Attention is drawn to Stallbaum et al., which teaches an analogous article of apparel. Stallbaum et al. teaches a waistband (2) for a garment (1), comprising: a front panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the front and waistline (fig. 1 shows the front panel being word and cover a portion of the body proximate the front and waistline), the front panel having a upper edge, a lower edge and two side edges, the front panel having a vertical top to bottom length extending between the upper edge and the lower edge of the front panel (annotated fig. 2 shows the front panel having the edges and lengths as claimed); a back panel (see annotated Fig.) configured when worn on a body to cover a portion of the body proximate to the back and waistline (annotated fig. 2 shows the back panel being opposite the front panel and therein configured to cover a wearer’s back and waistline), the back panel having a upper edge, lower edge and two side edges, the back panel having a vertical top to bottom length extending between the upper edge and the lower edge of the back panel (annotated fig. 2 shows the back panel having the edges and lengths as claimed); two side panels (see annotated Fig.) configured to connect the front panel and the back panel, each side panel having a upper edge, a lower edge, and two side edges (annotated fig. 2 shows the side panels configured to connect the front and back panels and having the edges as claimed), and wherein each of the side panels comprises an engineered support structure (21, 23) comprising a pattern of plurality of adhesive dots matrix (fig. 2 shows the side panels having a support structure that is a pattern of a dots matrix; paragraph [0020] teaches “The slip resistant protrusions may be made of silicone,” wherein silicone is considered as an adhesive as it adheres to the waistband). Stallbaum et al. further teaches wherein the engineered support structure comprises at least one first zone (see annotated Fig.) with a first level of support defined by a first adhesive dots density or a first size of the adhesive dots and at least one second zone (see annotated Fig.) with a second level of support defined by a second adhesive dots density or a second size of the adhesive dots (Annotated fig. 2 shows the first and second zones, with a first and second level of support defined by a first and second size of the dots, the second dots being smaller than the first dots).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gagliardo to include the teachings of Stallbaum et al. such that each of the side panels comprises an engineered support structure comprising a pattern of plurality of adhesive dots matrix so as to allow a firm grip to be achieved on the garment (paragraph [0019] “to enable a fellow athlete to get a firm grip onto the athlete wearing the garment 1. In particular, the slip resistant protrusions 21,23,31,41 are provided to prevent a base athlete to loose grip of a flyer athlete during the performance of stunts in which the flyer athlete is thrown into and caught out of the air.”).
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Response to Arguments
Applicant's arguments filed 02/13/2026 have been fully considered but they are not persuasive.
Regarding Claims 1, 20, and 23, Applicant submits that Gagliardo in view of McManus does not teach all of the newly claimed limitations, specifically the back panel being seamless, wherein the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel, and wherein a first side edge of the each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of the each of the two side panels proximate to the back panel. Specifically, Applicant submits that McManus does not teach a seamless back panel and that Gagliardo does not teach wherein the vertical top to bottom length of the back panel is greater than the vertical top to bottom length of the front panel, and wherein a first side edge of the each of the two side panels proximate to the front panel has greater vertical top to bottom length than a vertical top to bottom length of a second side edge of the each of the two side panels proximate to the back panel. Applicant further submits that combining Gagliardo with the seam of McManus undermines the seamless back panel of Gagliardo.
Examiner disagrees that the combination of Gagliardo with the teachings of McManus would undermine the seamless back panel of Gagliardo. While Examiner agrees that neither reference teaches all of the limitations of Claims 1, 20, and 23, together the claimed invention is obvious over Gagliardo and McManus. McManus is relied upon for the shape of the panels, not for the seamlessness. Further, Gagliardo does not explicitly teach away from changing the shape of the back panel. Examiner further notes that there is no suggestion that the back panel of McManus can not be made in a single seamless piece, additionally, when the use of seamless construction would merely be a matter of obvious engineering choice (See MPEP 2144.04 V). For at least these reasons, the 35 U.S.C. 103 rejection over McManus in view of Gagliardo has been maintained.
Conclusion
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/HALEY A SMITH/Primary Examiner, Art Unit 3732