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
Applicant’s amendment of 04/29/2025 is acknowledged.
Claims 1-7, 9-19, and 21-22 are presented.
Claims 1 and 9 are presented in independent form an are amended.
Dependent claim 14 is amended.
Claims 16-19 remain withdrawn.
The present office action treats claims 1-7, 9-15, and 21-22 on the merits.
The present office action is a final rejection.
Response to Arguments
Applicant’s REMARKS of 04/29/2025 (see p. 7-12 of the reply) are fully considered.
Regarding Objections to the Drawings (p. 8): Applicant’s arguments are fully considered and are persuasive. Upon further review of the present disclosure, the amended claims, and Applicant’s arguments (see p. 8 of the reply), the objection to the drawings as applied in the previous office action has been withdrawn.
Regarding Objections to the Claims (p. 8): Applicant’s arguments are fully considered. The amendment to claim 14 renders the claim objection as applied in the previous office action moot.
Regarding Rejections under 35 U.S.C. §112(b) (p. 9): Applicant’s arguments are fully considered. Applicant’s claim amendments render the 35 USC 112 rejections as applied in the previous office action moot; however, the amendments have necessitated new 35 USC 112 rejections; see rejections below.
Regarding Nonstatutory Double Patenting Rejections (p. 9): Applicant’s arguments are fully considered. Applicant’s claim amendments render the double patenting rejections as applied in the previous office action moot. It is noted that Applicant argues that the terminal disclaimer of 04/29/2025 obviates the rejection (see p. 9 of the reply). This argument is moot insofar as the amended claims render the double patenting rejections as applied in the previous office action moot. However, it is noted the terminal disclaimer of 04/29/2025 is disapproved. Attention is drawn to the Terminal Disclaimer review decision of 05/04/2025.
Regarding Rejections under 35 U.S.C. §103 (p. 9-11): Applicant’s arguments are fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-15 and 22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites at line 8 “the pair of restriction seams”, which lacks antecedent basis. It is not clear whether and how “the pair of restriction seams” of line 8 relate to “a pair of restriction edges” introduced in claim 1 line 7. For the purpose of applying art, the term “the pair of restriction seams” is interpreted as if it reads --the pair of restriction edges--
Claims 10-15 and 22 are indefinite if only because they depend from an indefinite claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 7, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Lappin, US 2015/0359267] in view of [Berle, US 2,497,843] and [Cano, US 2019/0373960].
Regarding claim 1:
Lappin discloses (Figs. 11-12):
A support member (the “compression undergarment” of Figs. 11-12 (para 44); no specific numeral is provided therefor; elements thereof identified hereinbelow) comprising:
(it is noted that the present disclosure states that support shirts “generally include a shirt body, a pair of sleeves, and a restriction panel” (para 23), and Lappin comprises body, sleeves, and restriction panel as set forth hereinbelow such that it is a support shirt and a support member as claimed; in addition, Lappin as modified also comprises body, sleeves, and restriction panel and is therefore a support shirt and support member as claimed; in addition, Lappin as modified meets all claim limitations such that it is a support member as claimed)
a body (see annotated Figs. 11-12 – a below) including a front portion (see annotated Figs. 11-12 – a below) having a top edge (see annotated Figs. 11-12 – a below) and an opposite bottom edge (see annotated Figs. 11-12 – a below), a pair of sleeve openings (see annotated Figs. 11-12 – a below) are defined in the front portion;
a pair of sleeves (see annotated Figs. 11-12 – a below) extending from the front portion (as in annotated Figs. 11-12 – a below), the pair of sleeves having a sleeve elasticity (“made from compression fabric” para 44; “stretchable fabric...may be a spandex, elastic, or similar fabric, tight fitting nylon, polyester, polypropylene or similar synthetic fabric, elastic-cotton or other blend, and the like...compression fabric may be any material capable of at least substantially elastic, meaning that it is capable of stretching”; para 26), the pair of sleeves apparently being fixed to the front portion at the pair of sleeve openings by a pair of apparent sleeve opening seams;
a restriction panel 111 provided on (it is noted the term “on” is a. Used to indicate position above and supported by or in contact with b. Used to indicate contact with or extent over (a surface) regardless of position c. Used to indicate location at or along d. Used to indicate proximity e. Used to indicate attachment to or suspension from on. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved August 6 2025 from https://www.thefreedictionary.com/on) the front portion (as in annotated Figs. 11-12 – a below) between the pair of sleeves (as in annotated Figs. 11-12 – a below) and extending from the top edge toward the bottom edge (as in annotated Figs. 11-12 – a below), the restriction panel having a restriction elasticity less than the sleeve elasticity (“substantially non-elastic material. While it may have some stretchability ..., it will be generally much less stretchable than the compression portion”; para 28), the restriction panel is defined by a pair of restriction edges (see annotated Figs. 11-12 – a below) joined (para 24) to the front portion, a distance defined between each restriction edge of the pair of restriction edges and an adjacent sleeve opening of the pair of sleeve openings (a distance at where the top edge is identified in annotated Figs. 11-12 – a below), each distance being less (as in annotated Figs. 11-12 – a below) than a width of the restriction panel (i.e. a width between restriction edges in annotated Figs. 11-12 – a below).
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Although Lappin discloses the pair of sleeves apparently being fixed to the front portion at the pair of sleeve openings by a pair of apparent sleeve opening seams, Lappin does not expressly disclose the pair of sleeves being fixed to the front portion at the pair of sleeve openings by a pair of sleeve opening seams.
However, Berle teaches that a “common type of sleeve” for a sleeved garment including a “dress[] or similar wearing apparel” is “having a circular seam attaching the sleeve to the body of the garment” (col. 1 lines 34-38).
It 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 to have modified the support member of Lappin such that its pair of sleeves being fixed to the front portion at the pair of sleeve openings by a pair of sleeve opening seams in order to yield the predictable result of a member whose sleeves and body are durably attached to each other via seams.
Lappin does not expressly disclose a receiver affixed to the body to define a cavity between the receiver and the body; and a protective pad disposed within the cavity.
However and in further view of Lappin:
Lappin does teach that the body could be “comprising reinforcement such as boning and the like” (para 27). Although Lappin does not specify the “reinforcement such as boning and the like” as a protective pad, the “reinforcement such as boning and the like” of Lappin could be a protective pad as described in the present disclosure (i.e. “protective pad 50 may be formed of a hard material, such as wood, hard rubber, metal, and the like....protective pad 50 distributes the weight from the barbell or other equipment across the front of the wearer when the barbell or other equipment is dropped on the wearer. The protective pad 50 may include an elastic material, such as neoprene, rubber, and the like”; para [0027] as filed). In addition, although Lappin is silent as to how said “reinforcement such as boning and the like” is provided; nonetheless, one of ordinary skill would recognize that it could be disposed within a cavity as claimed. Thus Lappin at least suggests a receiver affixed to the body to define a cavity between the receiver and the shirt body; and a protective pad disposed within the cavity.
However, Cano teaches “body shaping garments...used to provide support and improve the shape and appearance of the wearer...body shapers are made out of tight fitting, stretchable fabrics that provide compression to regions of the body” (para 3) wherein said garments are configured to cover a torso of a wearer (para 4) wherein a receiver 112a, 112b is affixed (along 124; para 33) to a body 100 to define a cavity (into which a bone 114 may be inserted) between the receiver and the body (i.e. within the cavity and therefore between an outer surface of the receiver and the body); and a protective pad 114 disposed within the cavity (para 35; Figs. 3-4). It is noted that bone 114 is a protective pad in that it is made of rigid material and is hard (para 10) and is capable of distributing weight across the body of the wearer when a weight is provided onto the bone 114. Cano further teaches that providing the receiver, cavity, and protective pad so arranged is such that protective pad 114 can be removed from the receiver such that the body 100 “can be washed in a washing machine without causing damage to the machine and/or the shaper. This also makes it much easier to handle the shaper if the user wishes to wash the shaper by hand. Furthermore, because bone 114 is removable, it does not need to be washed along with the shaper, thereby avoiding potential damage to bone...including rusting” (para 43).
It 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 to have modified the modified Lappin such that it is provided with a receiver affixed to the body to define a cavity between the receiver and the body; and a protective pad disposed within the cavity in order to reinforce the body with the protective pad, a motivation found within Lappin, and also: to do so in such a way that permits removal of the protective pad for the purpose of washing the member after removing the protective pad without causing damage to a washing machine and/or the member; to do so in such a way that makes member handling easier in the event of hand washing; and/or to permit laundering in such a way that avoids rusting and/or other damage to the protective pad, as taught by Cano (para 43).
Regarding claim 7:
Lappin in view of Berle and Cano teach The support member of claim 1.
The modified Lappin does not meet the limitation wherein the receiver is affixed to the body by stitching.
However and in further view of Cano:
In Cano, receiver 112a, 112b is affixed to body 100 by stitching (“stitching...124”; para 34; Figs. 4-5).
It 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 to have modified the modified Lappin such that its receiver is affixed to the body by stitching in order to yield the predictable result of a receiver that is durably secured to the body by the stitching.
Regarding claim 21:
Lappin in view of Berle and Cano teach The support member of claim 1.
Lappin further discloses wherein the support member comprises a support shirt (Lappin is and comprises a support shirt; “shirt”, Abstract; Lappin is modified as set forth hereinabove and remains a support shirt).
Claim(s) 1 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Lappin, US 2015/0359267] in view of [Berle, US 2,497,843] and [Gallo, US 2008/0022431].
Regarding claim 1:
Lappin discloses (Figs. 11-12):
A support member (the “compression undergarment” of Figs. 11-12 (para 44); no specific numeral is provided therefor; elements thereof identified hereinbelow) comprising:
(it is noted that the present disclosure states that support shirts “generally include a shirt body, a pair of sleeves, and a restriction panel” (para 23), and Lappin comprises body, sleeves, and restriction panel as set forth hereinbelow such that it is a support shirt and a support member as claimed; in addition, Lappin as modified also comprises body, sleeves, and restriction panel and is therefore a support shirt and support member as claimed; in addition, Lappin as modified meets all claim limitations such that it is a support member as claimed)
a body (see annotated Figs. 11-12 – a presented above) including a front portion (see annotated Figs. 11-12 – a presented above) having a top edge (see annotated Figs. 11-12 – a presented above) and an opposite bottom edge (see annotated Figs. 11-12 – a presented above), a pair of sleeve openings (see annotated Figs. 11-12 – a presented above) are defined in the front portion;
a pair of sleeves (see annotated Figs. 11-12 – a presented above) extending from the front portion (as in annotated Figs. 11-12 – a presented above), the pair of sleeves having a sleeve elasticity (“made from compression fabric” para 44; “stretchable fabric...may be a spandex, elastic, or similar fabric, tight fitting nylon, polyester, polypropylene or similar synthetic fabric, elastic-cotton or other blend, and the like...compression fabric may be any material capable of at least substantially elastic, meaning that it is capable of stretching”; para 26), the pair of sleeves apparently being fixed to the front portion at the pair of sleeve openings by a pair of apparent sleeve opening seams;
a restriction panel 111 provided on (it is noted the term “on” is a. Used to indicate position above and supported by or in contact with b. Used to indicate contact with or extent over (a surface) regardless of position c. Used to indicate location at or along d. Used to indicate proximity e. Used to indicate attachment to or suspension from on. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved August 6 2025 from https://www.thefreedictionary.com/on) the front portion (as in annotated Figs. 11-12 – a presented above) between the pair of sleeves (as in annotated Figs. 11-12 – a presented above) and extending from the top edge toward the bottom edge (as in annotated Figs. 11-12 – a presented above), the restriction panel having a restriction elasticity less than the sleeve elasticity (“substantially non-elastic material. While it may have some stretchability ..., it will be generally much less stretchable than the compression portion”; para 28), the restriction panel is defined by a pair of restriction edges (see annotated Figs. 11-12 – a presented above) joined (para 24) to the front portion, a distance defined between each restriction edge of the pair of restriction edges and an adjacent sleeve opening of the pair of sleeve openings (a distance at where the top edge is identified in annotated Figs. 11-12 – a presented above), each distance being less (as in annotated Figs. 11-12 – a presented above) than a width of the restriction panel (i.e. a width between restriction edges in annotated Figs. 11-12 – a presented above).
Although Lappin discloses the pair of sleeves apparently being fixed to the front portion at the pair of sleeve openings by a pair of apparent sleeve opening seams, Lappin does not expressly disclose the pair of sleeves being fixed to the front portion at the pair of sleeve openings by a pair of sleeve opening seams.
However, Berle teaches that a “common type of sleeve” for a sleeved garment including a “dress[] or similar wearing apparel” is “having a circular seam attaching the sleeve to the body of the garment” (col. 1 lines 34-38).
It 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 to have modified the support member of Lappin such that its pair of sleeves being fixed to the front portion at the pair of sleeve openings by a pair of sleeve opening seams in order to yield the predictable result of a member whose sleeves and body are durably attached to each other via seams.
Lappin does not expressly disclose a receiver affixed to the body to define a cavity between the receiver and the body; and a protective pad disposed within the cavity.
However, Gallo teaches a shirt member (para 30) comprising a receiver (“pocket”; Abstract) affixed to a body (as in Figs. 8 and 8A) to define a cavity (that which receives a pad) between the receiver and the body (as in Figs. 8 and 8A)); and a protective pad (“protective pad[]” para 30) disposed within the cavity (para 9; para 39). Gallo further teaches “The padded garment can be worn as an undergarment or as an outermost layer. The pads can be positioned to protect areas of the body prone to injury including, but not limited to, the ribs, shoulders, lower back, elbows, sternum, hips, coccyx...The padded garments are envisioned for use in sports...In addition, the padded garments can serve as everyday clothing for the elderly to prevent injury to areas such as the hips in the case of a fall”; para 30.
It 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 to have modified the modified Lappin such that it is provided with a receiver affixed to the body to define a cavity between the receiver and the body; and a protective pad disposed within the cavity in order to protect an area of the body prone to injury for use in sports and/or for use to prevent injury in the event of a fall, as taught by Gallo (para 30).
Regarding claim 21:
Lappin in view of Berle and Gallo teach The support member of claim 1.
Lappin further discloses wherein the support member comprises a support shirt (Lappin is and comprises a support shirt; “shirt”, Abstract; Lappin is modified as set forth hereinabove and remains a support shirt).
Claim(s) 2-7, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over [Lappin, US 2015/0359267], [Berle, US 2,497,843], and [Gallo, US 2008/0022431] as applied to claim 1 above, and further in view of [Boshnack, US 2,129,196, previously cited].
Regarding claim 2:
Lappin in view of Berle and Gallo teach The support member of claim 1, as set forth above.
The modified Lappin does not meet the limitation wherein the receiver includes a top edge, a bottom edge, and a plurality of side edges affixed to the body.
However, Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a below), a bottom edge (see annotated Fig. 1 – a below), and a plurality of side edges (see annotated Fig. 1 – a below) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body).
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It 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 to have modified the modified Lappin such that its receiver includes a top edge, a bottom edge, and a plurality of side edges affixed to the body, as in Boshnack, in order to yield the predictable result of a receiver whose top edge permits ingress and egress of the pad when desired and whose side edges and bottom edge prevent the undesirable loss of the pad when the pad is within the receiver.
Regarding claim 3:
Lappin in view of Berle, Gallo, and Boshnack teach The support member of claim 2, as set forth above.
As applied to claim 2 above, the modified Lappin does not meet the limitation wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body to define an opening formed between the top edge and the body.
However and in further view of Boshnack:
Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a presented in the above addressing of claim 2), a bottom edge (see annotated Fig. 1 – a presented in the above addressing of claim 2), and a plurality of side edges (see annotated Fig. 1 – a presented in the above addressing of claim 2) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body), wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body (“secured to the garment...by being stitched along the lines 6”; col. 1 line 55) to define an opening (“unattached at its upper edge to form the opening”; col. 1 lines 53-54) formed between the top edge and the body (col. 1 lines 53-54; Fig. 1).
It 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 to have modified the modified Lappin such that the bottom edge and the plurality of side edges of the receiver are affixed to the body to define an opening formed between the top edge and the body, as in Boshnack, in order to yield the predictable result of a receiver whose top edge and opening permit ingress and egress of the pad when desired and whose side edges and bottom edge prevent the undesirable loss of the pad when the pad is within the receiver.
Regarding claim 4:
Lappin in view of Berle, Gallo, and Boshnack teach The support member of claim 3, as set forth above.
As applied to claim 3 above, the modified Lappin does not meet the limitation further comprising: a first fastener provided on the top edge of the receiver; and a second fastener provided on the body, wherein the first fastener and the second fastener couple to one another.
However and in further view of Boshnack:
Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a presented in the above addressing of claim 2), a bottom edge (see annotated Fig. 1 – a presented in the above addressing of claim 2), and a plurality of side edges (see annotated Fig. 1 – a presented in the above addressing of claim 2) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body), wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body (“secured to the garment...by being stitched along the lines 6”; col. 1 line 55) to define an opening (“unattached at its upper edge to form the opening”; col. 1 lines 53-54) formed between the top edge and the body (col. 1 lines 53-54; Fig. 1); a first fastener (the one of the “Complemental members of...snap fastener 12” that is “attached...to the free edge”; col. 2 lines 27-28) provided on the top edge of the receiver (col. 2 lines 27-28; Fig. 1); and a second fastener (the other of the “Complemental members of...snap fastener 12” that is “attached...to...the...portion of the garment to provide an additional closure for the pocket”; col. 2 lines 27-31) provided on the body (col. 2 lines 27-31; Fig. 1), wherein the first fastener and the second fastener couple to one another (“provide...closure”; col., 2 line 30).
It 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 to have modified the modified Lappin such that it is provided with a first fastener provided on the top edge of the receiver; and a second fastener provided on the body, wherein the first fastener and the second fastener couple to one another as in Boshnack, in order to yield the predictable result of a receiver whose first and second fasteners are configured to enclose the pad within the receiver such that the pad is not readily removed therefrom when such function is desired.
Regarding claim 5:
Lappin in view of Berle, Gallo, and Boshnack teach The support member of claim 3, as set forth above.
As applied to claim 3 above, the modified Lappin does not meet the limitation further comprising: a flap extending from the body adjacent the top edge of the receiver to cover the opening.
However and in further view of Boshnack:
Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a presented in the above addressing of claim 2), a bottom edge (see annotated Fig. 1 – a presented in the above addressing of claim 2), and a plurality of side edges (see annotated Fig. 1 – a presented in the above addressing of claim 2) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body), wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body (“secured to the garment...by being stitched along the lines 6”; col. 1 line 55) to define an opening (“unattached at its upper edge to form the opening”; col. 1 lines 53-54) formed between the top edge and the body (col. 1 lines 53-54; Fig. 1); a flap (“closure flap 8”; col. 2 line 9) extending from the body (col. 2 lines 10-14; Fig. 1) adjacent the top edge of the receiver (col. 2 lines 10-14; Fig. 1) to cover the opening (col. 2 lines 23-24; Fig. 2).
It 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 to have modified the modified Lappin such that further comprises a flap extending from the body adjacent the top edge of the receiver to cover the opening as in Boshnack, in order to yield the predictable result of a receiver whose flap is configured cover the opening so as to prevent undesirable loss of the pad through the opening when it is desired to maintain the pad within the receiver.
Regarding claim 6:
Lappin in view of Berle, Gallo, and Boshnack teach The support member of claim 5, as set forth above.
As applied to claim 5 above, the modified Lappin does not meet the limitation wherein: the flap includes an inner surface and an outer surface; the receiver includes an outer surface; and the flap comprises a first fastener provided on the inner surface of the flap and a second fastener provided on the outer surface of the receiver, the second fastener configured to couple to the first fastener. However and in further view of Boshnack:
Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a presented in the above addressing of claim 2), a bottom edge (see annotated Fig. 1 – a presented in the above addressing of claim 2), and a plurality of side edges (see annotated Fig. 1 – a presented in the above addressing of claim 2) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body), wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body (“secured to the garment...by being stitched along the lines 6”; col. 1 line 55) to define an opening (“unattached at its upper edge to form the opening”; col. 1 lines 53-54) formed between the top edge and the body (col. 1 lines 53-54; Fig. 1); a flap (“closure flap 8”; col. 2 line 9) extending from the body (col. 2 lines 10-14; Fig. 1) adjacent the top edge of the receiver (col. 2 lines 10-14; Fig. 1) to cover the opening (col. 2 lines 23-24; Fig. 2); the flap includes an inner surface (“underside”; col. 2 line 14; Fig. 1) and an outer surface (the opposite surface of the inner surface and the surface of flap 8 that is prominently visible in Fig. 2); the receiver includes an outer surface (that surface of receiver 5 to which fastener 11 is attached; Fig. 1); and the flap comprises a first fastener (10) provided on the inner surface (“underside”; col. 2 line 14; Fig. 1) of the flap and a second fastener (11) provided on the outer surface of the receiver (col. 2 line 23; Fig. 1), the second fastener configured to couple to the first fastener (col. 2 lines 25-26; Fig. 2).
It 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 to have modified the modified Lappin such that its flap includes an inner surface and an outer surface; the receiver includes an outer surface; and the flap comprises a first fastener provided on the inner surface of the flap and a second fastener provided on the outer surface of the receiver, the second fastener configured to couple to the first fastener, as in Boshnack, in order to yield the predictable result of a receiver whose first and second fasteners are configured to secure the flap to the rest of the support member so as to prevent undesirable loss of the pad through the opening when it is desired to maintain the pad within the receiver.
Regarding claim 7:
Lappin in view of Berle and Gallo teach The support member of claim 1, as set forth above.
The modified Lappin does not meet the limitation wherein the receiver is affixed to the body by stitching.
However, Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a presented in above addressing of claim 1), a bottom edge (see annotated Fig. 1 – a presented in above addressing of claim 1), and a plurality of side edges (see annotated Fig. 1 – a presented in above addressing of claim 1) affixed to the body by stitching (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body).
It 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 to have modified the modified Lappin such that its receiver is affixed to the body by stitching in order to yield the predictable result of a receiver that is durably secured to the body via the stitching.
Claim(s) 9 and 22, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over [Lappin, US 2015/0359267] in view of [Berle, US 2,497,843] and [Cano, US 2019/0373960].
Regarding claim 9:
Lappin discloses (Figs. 11-12):
A support member (the “compression undergarment” of Figs. 11-12 (para 44); no specific numeral is provided therefor; elements thereof identified hereinbelow) comprising:
(it is noted that the present disclosure states that support shirts “generally include a shirt body, a pair of sleeves, and a restriction panel” (para 23), and Lappin comprises body, sleeves, and a panel that is a restriction panel due to its restriction elasticity as set forth hereinbelow such that it is a support shirt and a support member as claimed; in addition, Lappin as modified also comprises body, sleeves, and restriction panel and is therefore a support shirt and support member as claimed; in addition, Lappin as modified meets all claim limitations such that it is a support member as claimed)
a body (see annotated Figs. 11-12 – b below) including a front portion (see annotated Figs. 11-12 – b below) having a top edge (see annotated Figs. 11-12 – b below), an opposite bottom edge (see annotated Figs. 11-12 – b below), and a pair of apparent circular seams (see annotated Figs. 11-12 – b below) defining a pair of sleeve openings (see annotated Figs. 11-12 – b below);
a pair of sleeves (see annotated Figs. 11-12 – b below) extending from the front portion (as in annotated Figs. 11-12 – b below), the pair of sleeves being fixed to the front portion at the pair of sleeve openings (as in annotated Figs. 11-12 – b below);
a panel 111 provided on (it is noted the term “on” is a. Used to indicate position above and supported by or in contact with b. Used to indicate contact with or extent over (a surface) regardless of position c. Used to indicate location at or along d. Used to indicate proximity e. Used to indicate attachment to or suspension from on. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved August 6 2025 from https://www.thefreedictionary.com/on) the front portion (as in annotated Figs. 11-12 – b below) between the pair of sleeves (as in annotated Figs. 11-12 – b below), the pair of restriction seams extending from the top edge toward the bottom edge (as in annotated Figs. 11-12 – b below), a distance defined between each restriction edge of the pair of restriction edges and an adjacent sleeve opening of the pair of sleeve openings (a distance at where the top edge as identified in annotated Figs. 11-12 – b below), each distance being less (as in annotated Figs. 11-12 – b below) than a width of the restriction panel (i.e. a width between restriction edges in annotated Figs. 11-12 – b below);
wherein the pair of sleeves has a sleeve elasticity (“made from compression fabric” para 44; “stretchable fabric...may be a spandex, elastic, or similar fabric, tight fitting nylon, polyester, polypropylene or similar synthetic fabric, elastic-cotton or other blend, and the like...compression fabric may be any material capable of at least substantially elastic, meaning that it is capable of stretching”; para 26) and the panel has a restriction elasticity less than the sleeve elasticity (“substantially non-elastic material. While it may have some stretchability ..., it will be generally much less stretchable than the compression portion”; para 28).
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Although Lappin discloses a pair of apparent circular seams defining a pair of sleeve openings, Lappin does not expressly disclose a pair of circular seams defining a pair of sleeve openings
However, Berle teaches that a “common type of sleeve” for a sleeved garment including a “dress[] or similar wearing apparel” is “having a circular seam attaching the sleeve to the body of the garment” (col. 1 lines 34-38).
It 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 to have modified the support member of Lappin such that it is provided with a pair of circular seams defining the pair of sleeve openings in order to yield the predictable result of a member whose sleeves and body are durably attached to each other via circular seams.
Lappin does not expressly disclose a receiver affixed to the body to define a cavity between the receiver and the body; and a pad disposed within the cavity.
However and in further view of Lappin:
Lappin does teach that the body could be “comprising reinforcement such as boning and the like” (para 27). Although Lappin does not specify the “reinforcement such as boning and the like” as a protective pad, the “reinforcement such as boning and the like” of Lappin could be a protective pad as described in the present disclosure (i.e. “protective pad 50 may be formed of a hard material, such as wood, hard rubber, metal, and the like....protective pad 50 distributes the weight from the barbell or other equipment across the front of the wearer when the barbell or other equipment is dropped on the wearer. The protective pad 50 may include an elastic material, such as neoprene, rubber, and the like”; para [0027] as filed). In addition, although Lappin is silent as to how said “reinforcement such as boning and the like” is provided; nonetheless, one of ordinary skill would recognize that it could be disposed within a cavity as claimed. Thus Lappin at least suggests a receiver affixed to the body to define a cavity between the receiver and the shirt body; and a protective pad disposed within the cavity.
However, Cano teaches “body shaping garments...used to provide support and improve the shape and appearance of the wearer...body shapers are made out of tight fitting, stretchable fabrics that provide compression to regions of the body” (para 3) wherein said garments are configured to cover a torso of a wearer (para 4) wherein a receiver 112a, 112b is affixed (along 124; para 33) to a body 100 to define a cavity (into which a bone 114 may be inserted) between the receiver and the body (i.e. within the cavity and therefore between an outer surface of the receiver and the body); and a pad 114 disposed within the cavity (para 35; Figs. 3-4). It is noted that bone 114 is a pad in that it is made of rigid material and is hard (para 10) and is capable of distributing weight across the body of the wearer when a weight is provided onto the bone 114. Cano further teaches that providing the receiver, cavity, and protective pad so arranged is such that protective pad 114 can be removed from the receiver such that the body 100 “can be washed in a washing machine without causing damage to the machine and/or the shaper. This also makes it much easier to handle the shaper if the user wishes to wash the shaper by hand. Furthermore, because bone 114 is removable, it does not need to be washed along with the shaper, thereby avoiding potential damage to bone...including rusting” (para 43).
It 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 to have modified the modified Lappin such that it is provided with a receiver affixed to the body to define a cavity between the receiver and the body; and a pad disposed within the cavity in order to reinforce the body with the protective pad, a motivation found within Lappin, and also: to do so in such a way that permits removal of the protective pad for the purpose of washing the member after removing the protective pad without causing damage to a washing machine and/or the member; to do so in such a way that makes member handling easier in the event of hand washing; and/or to permit laundering in such a way that avoids rusting and/or other damage to the protective pad, as taught by Cano (para 43).
Regarding claim 22:
Lappin in view of Berle and Cano teach The support member of claim 9.
Lappin further discloses wherein a collar 112 is provided at the top edge of the front portion of the body (as in annotated Figs. 11-12 – b presented above), and the collar has a collar elasticity less than the sleeve elasticity (collar is of 111 and is “made of a substantially non-elastic material. While it may have some stretchability or flexibility based on the fabric, it will be generally much less stretchable than the compression portion” (para 28) wherein sleeve elasticity is the elasticity of the stretchable compression portion as set forth in above addressing of claim 9.
Claim(s) 15, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over [Lappin, US 2015/0359267], [Berle, US 2,497,843], and [Cano, US 2019/0373960] as applied to claim 9 above, and further in view of [Thompson, US 6,183,339].
Regarding claim 15:
Lappin in view of Berle and Cano teach The support member of claim 9, as set forth above.
Lappin does not expressly disclose wherein the panel extends from the top edge of the body to the bottom edge of the body.
However, Thompson teaches a shirt (“sleeved undergarment”; Abstract) wherein a bottom edge of a body is provided at a “lower midriff edge 27a” (col. 2 lines 12-13) such that “the sleeved undergarment does not extend below the lower midriff edge...thereby eliminating any bulk about the lower portion of the torso of the wearer” (col. 3 lines 37-40).
It 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 to have modified the modified Lappin such that the bottom edge of the body is provided at a lower midriff area and coincident with a bottom edge of panel 111 in order to eliminate bulk about the lower portion of the torso of the wearer, as taught by Thompson (col. 3 lines 37-40). In so doing, the limitation the panel extends from the top edge of the body to the bottom edge of the body would be met.
Claim(s) 9 and 22, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over [Lappin, US 2015/0359267] in view of [Berle, US 2,497,843] and [Gallo, US 2008/0022431].
Regarding claim 9:
Lappin discloses (Figs. 11-12):
A support member (the “compression undergarment” of Figs. 11-12 (para 44); no specific numeral is provided therefor; elements thereof identified hereinbelow) comprising:
(it is noted that the present disclosure states that support shirts “generally include a shirt body, a pair of sleeves, and a restriction panel” (para 23), and Lappin comprises body, sleeves, and a panel that is a restriction panel due to its restriction elasticity as set forth hereinbelow such that it is a support shirt and a support member as claimed; in addition, Lappin as modified also comprises body, sleeves, and restriction panel and is therefore a support shirt and support member as claimed; in addition, Lappin as modified meets all claim limitations such that it is a support member as claimed)
a body (see annotated Figs. 11-12 – b presented above) including a front portion (see annotated Figs. 11-12 – b presented above) having a top edge (see annotated Figs. 11-12 – b presented above), an opposite bottom edge (see annotated Figs. 11-12 – b presented above), and a pair of apparent circular seams (see annotated Figs. 11-12 – b presented above) defining a pair of sleeve openings (see annotated Figs. 11-12 – b presented above);
a pair of sleeves (see annotated Figs. 11-12 – b presented above) extending from the front portion (as in annotated Figs. 11-12 – b presented above), the pair of sleeves being fixed to the front portion at the pair of sleeve openings (as in annotated Figs. 11-12 – b presented above);
a panel 111 provided on (it is noted the term “on” is a. Used to indicate position above and supported by or in contact with b. Used to indicate contact with or extent over (a surface) regardless of position c. Used to indicate location at or along d. Used to indicate proximity e. Used to indicate attachment to or suspension from on. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved August 6 2025 from https://www.thefreedictionary.com/on) the front portion (as in annotated Figs. 11-12 – b presented above) between the pair of sleeves (as in annotated Figs. 11-12 – b presented above), the pair of restriction seams extending from the top edge toward the bottom edge (as in annotated Figs. 11-12 – b presented above), a distance defined between each restriction edge of the pair of restriction edges and an adjacent sleeve opening of the pair of sleeve openings (a distance at where the top edge as identified in annotated Figs. 11-12 – b presented above), each distance being less (as in annotated Figs. 11-12 – b presented above) than a width of the restriction panel (i.e. a width between restriction edges in annotated Figs. 11-12 – b presented above);
wherein the pair of sleeves has a sleeve elasticity (“made from compression fabric” para 44; “stretchable fabric...may be a spandex, elastic, or similar fabric, tight fitting nylon, polyester, polypropylene or similar synthetic fabric, elastic-cotton or other blend, and the like...compression fabric may be any material capable of at least substantially elastic, meaning that it is capable of stretching”; para 26) and the panel has a restriction elasticity less than the sleeve elasticity (“substantially non-elastic material. While it may have some stretchability ..., it will be generally much less stretchable than the compression portion”; para 28).
Although Lappin discloses a pair of apparent circular seams defining a pair of sleeve openings, Lappin does not expressly disclose a pair of circular seams defining a pair of sleeve openings
However, Berle teaches that a “common type of sleeve” for a sleeved garment including a “dress[] or similar wearing apparel” is “having a circular seam attaching the sleeve to the body of the garment” (col. 1 lines 34-38).
It 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 to have modified the support member of Lappin such that it is provided with a pair of circular seams defining the pair of sleeve openings in order to yield the predictable result of a member whose sleeves and body are durably attached to each other via circular seams.
Lappin does not expressly disclose a receiver affixed to the body to define a cavity between the receiver and the body; and a pad disposed within the cavity.
However, Gallo teaches a shirt member (para 30) comprising a receiver (“pocket”; Abstract) affixed to a body (as in Figs. 8 and 8A) to define a cavity (that which receives a pad) between the receiver and the body (as in Figs. 8 and 8A)); and a pad (“protective pad[]” para 30) disposed within the cavity (para 9; para 39). Gallo further teaches “The padded garment can be worn as an undergarment or as an outermost layer. The pads can be positioned to protect areas of the body prone to injury including, but not limited to, the ribs, shoulders, lower back, elbows, sternum, hips, coccyx...The padded garments are envisioned for use in sports...In addition, the padded garments can serve as everyday clothing for the elderly to prevent injury to areas such as the hips in the case of a fall”; para 30.
It 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 to have modified the modified Lappin such that it is provided with a receiver affixed to the body to define a cavity between the receiver and the body; and a pad disposed within the cavity in order to protect an area of the body prone to injury for use in sports and/or for use to prevent injury in the event of a fall, as taught by Gallo (para 30).
Regarding claim 22:
Lappin in view of Berle and Gallo teach The support member of claim 9, as set forth above.
Lappin further discloses wherein a collar 112 is provided at the top edge of the front portion of the body (as in annotated Figs. 11-12 – b presented above), and the collar has a collar elasticity less than the sleeve elasticity (collar is of 111 and is “made of a substantially non-elastic material. While it may have some stretchability or flexibility based on the fabric, it will be generally much less stretchable than the compression portion” (para 28) wherein sleeve elasticity is the elasticity of the stretchable compression portion as set forth in above addressing of claim 9.
Claim(s) 10-14, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over [Lappin, US 2015/0359267], [Berle, US 2,497,843], and [Gallo, US 2008/0022431] as applied to claim 9 above, and further in view of [Boshnack, US 2,129,196, previously cited].
Regarding claim 10:
Lappin in view of Berle and Gallo teach The support member of claim 9, as set forth above.
The modified Lappin does not meet the limitation wherein the receiver includes a top edge, a bottom edge, and a plurality of side edges affixed to the body.
However, Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a below), a bottom edge (see annotated Fig. 1 – a below), and a plurality of side edges (see annotated Fig. 1 – a below) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body).
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It 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 to have modified the modified Lappin such that its receiver includes a top edge, a bottom edge, and a plurality of side edges affixed to the body, as in Boshnack, in order to yield the predictable result of a receiver whose top edge permits ingress and egress of the pad when desired and whose side edges and bottom edge prevent the undesirable loss of the pad when the pad is within the receiver.
Regarding claim 11:
Lappin in view of Berle, Gallo, and Boshnack teach The support member of claim 10, as set forth above.
As applied to claim 10 above, the modified Lappin does not meet the limitation wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body to define an opening formed between the top edge and the body.
However and in further view of Boshnack:
Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a presented in the above addressing of claim 10), a bottom edge (see annotated Fig. 1 – a presented in the above addressing of claim 10), and a plurality of side edges (see annotated Fig. 1 – a presented in the above addressing of claim 10) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body), wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body (“secured to the garment...by being stitched along the lines 6”; col. 1 line 55) to define an opening (“unattached at its upper edge to form the opening”; col. 1 lines 53-54) formed between the top edge and the body (col. 1 lines 53-54; Fig. 1).
It 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 to have modified the modified Lappin such that the bottom edge and the plurality of side edges of the receiver are affixed to the body to define an opening formed between the top edge and the body, as in Boshnack, in order to yield the predictable result of a receiver whose top edge and opening permit ingress and egress of the pad when desired and whose side edges and bottom edge prevent the undesirable loss of the pad when the pad is within the receiver.
Regarding claim 12:
Lappin in view of Berle, Gallo, and Boshnack teach The support member of claim 11, as set forth above.
As applied to claim 11 above, the modified Lappin does not meet the limitation further comprising: a first fastener provided on the top edge of the receiver; and a second fastener provided on the body, wherein the first fastener and the second fastener couple to one another.
However and in further view of Boshnack:
Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a presented in the above addressing of claim 10), a bottom edge (see annotated Fig. 1 – a presented in the above addressing of claim 10), and a plurality of side edges (see annotated Fig. 1 – a presented in the above addressing of claim 10) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body), wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body (“secured to the garment...by being stitched along the lines 6”; col. 1 line 55) to define an opening (“unattached at its upper edge to form the opening”; col. 1 lines 53-54) formed between the top edge and the body (col. 1 lines 53-54; Fig. 1); a first fastener (the one of the “Complemental members of...snap fastener 12” that is “attached...to the free edge”; col. 2 lines 27-28) provided on the top edge of the receiver (col. 2 lines 27-28; Fig. 1); and a second fastener (the other of the “Complemental members of...snap fastener 12” that is “attached...to...the...portion of the garment to provide an additional closure for the pocket”; col. 2 lines 27-31) provided on the body (col. 2 lines 27-31; Fig. 1), wherein the first fastener and the second fastener couple to one another (“provide...closure”; col., 2 line 30).
It 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 to have modified the modified Lappin such that it is provided with a first fastener provided on the top edge of the receiver; and a second fastener provided on the body, wherein the first fastener and the second fastener couple to one another as in Boshnack, in order to yield the predictable result of a receiver whose first and second fasteners are configured to enclose the pad within the receiver such that the pad is not readily removed therefrom when such function is desired.
Regarding claim 13:
Lappin in view of Berle, Gallo, and Boshnack teach The support member of claim 11, as set forth above.
As applied to claim 11 above, the modified Lappin does not meet the limitation further comprising: a flap extending from the body adjacent the top edge of the receiver to cover the opening.
However and in further view of Boshnack:
Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a presented in the above addressing of claim 10), a bottom edge (see annotated Fig. 1 – a presented in the above addressing of claim 10), and a plurality of side edges (see annotated Fig. 1 – a presented in the above addressing of claim 10) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body), wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body (“secured to the garment...by being stitched along the lines 6”; col. 1 line 55) to define an opening (“unattached at its upper edge to form the opening”; col. 1 lines 53-54) formed between the top edge and the body (col. 1 lines 53-54; Fig. 1); a flap (“closure flap 8”; col. 2 line 9) extending from the body (col. 2 lines 10-14; Fig. 1) adjacent the top edge of the receiver (col. 2 lines 10-14; Fig. 1) to cover the opening (col. 2 lines 23-24; Fig. 2).
It 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 to have modified the modified Lappin such that further comprises a flap extending from the body adjacent the top edge of the receiver to cover the opening as in Boshnack, in order to yield the predictable result of a receiver whose flap is configured cover the opening so as to prevent undesirable loss of the pad through the opening when it is desired to maintain the pad within the receiver.
Regarding claim 14:
Lappin in view of Berle, Gallo, and Boshnack teach The support member of claim 13, as set forth above.
As applied to claim 13 above, the modified Lappin does not meet the limitation wherein: the flap includes an outer surface; the receiver includes an outer surface; and the flap comprises a first fastener provided on the inner surface of the flap and a second fastener provided on the outer surface of the receiver, the second fastener configured to couple to the first fastener. However and in further view of Boshnack:
Boshnack teaches (Fig. 1) providing a receiver (5) on a body (“garment”; col. 1 line 55; no reference numeral) wherein the receiver includes a top edge (“upper edge”; col. 1 line 53; no reference numeral; see also annotated Fig. 1 – a presented in the above addressing of claim 10), a bottom edge (see annotated Fig. 1 – a presented in the above addressing of claim 10), and a plurality of side edges (see annotated Fig. 1 – a presented in the above addressing of claim 10) affixed to the body (side edges are “secured to the garment...by being stitched along the lines 6”; col. 1 line 55) such that they are affixed to body), wherein the bottom edge and the plurality of side edges of the receiver are affixed to the body (“secured to the garment...by being stitched along the lines 6”; col. 1 line 55) to define an opening (“unattached at its upper edge to form the opening”; col. 1 lines 53-54) formed between the top edge and the body (col. 1 lines 53-54; Fig. 1); a flap (“closure flap 8”; col. 2 line 9) extending from the body (col. 2 lines 10-14; Fig. 1) adjacent the top edge of the receiver (col. 2 lines 10-14; Fig. 1) to cover the opening (col. 2 lines 23-24; Fig. 2); the flap includes an inner surface (“underside”; col. 2 line 14; Fig. 1) and an outer surface (the opposite surface of the inner surface and the surface of flap 8 that is prominently visible in Fig. 2); the receiver includes an outer surface (that surface of receiver 5 to which fastener 11 is attached; Fig. 1); and the flap comprises a first fastener (10) provided on the inner surface (“underside”; col. 2 line 14; Fig. 1) of the flap and a second fastener (11) provided on the outer surface of the receiver (col. 2 line 23; Fig. 1), the second fastener configured to couple to the first fastener (col. 2 lines 25-26; Fig. 2).
It 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 to have modified the modified Lappin such that its flap includes an outer surface; the receiver includes an outer surface; and the flap comprises a first fastener provided on an inner surface of the flap and a second fastener provided on the outer surface of the receiver, the second fastener configured to couple to the first fastener, as in Boshnack, in order to yield the predictable result of a receiver whose first and second fasteners are configured to secure the flap to the rest of the support member so as to prevent undesirable loss of the pad through the opening when it is desired to maintain the pad within the receiver.
Claim(s) 15, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over [Lappin, US 2015/0359267], [Berle, US 2,497,843], and [Gallo, US 2008/0022431] as applied to claim 9 above, and further in view of [Thompson, US 6,183,339].
Regarding claim 15:
Lappin in view of Berle and Gallo teach The support member of claim 9, as set forth above.
Lappin does not expressly disclose wherein the panel extends from the top edge of the body to the bottom edge of the body.
However, Thompson teaches a shirt (“sleeved undergarment”; Abstract) wherein a bottom edge of a body is provided at a “lower midriff edge 27a” (col. 2 lines 12-13) such that “the sleeved undergarment does not extend below the lower midriff edge...thereby eliminating any bulk about the lower portion of the torso of the wearer” (col. 3 lines 37-40).
It 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 to have modified the modified Lappin such that the bottom edge of the body is provided at a lower midriff area and coincident with a bottom edge of panel 111 in order to eliminate bulk about the lower portion of the torso of the wearer, as taught by Thompson (col. 3 lines 37-40). In so doing, the limitation the panel extends from the top edge of the body to the bottom edge of the body would be met.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/G.A.N./ Examiner, Art Unit 3732
/KHOA D HUYNH/ Supervisory Patent Examiner, Art Unit 3732
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