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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 12, 2026 has been entered.
Status of the Claims
As directed by the amendment received on June 12, 2026, claims 5-6, 8, 10, and 12 have been amended. Accordingly, claims 1-20 are currently pending in this application with claims 2 and 13-20 having been previously withdrawn from further consideration.
Response to Amendment
The amendments filed with the written response received on June 12, 2026, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated March 12, 2026, are hereby withdrawn unless specifically noted below.
Claim Rejections - 35 USC § 112(b)
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 1 and 3-12 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 1 recites the limitation “wherein the polymer comprises a polymer powder that is designed to be coupled to the first layer of fabric by laser sintering” at lines 25-26. It is unclear if the limitation is requiring that a polymer powder is present in the final brassiere product, or if the limitation is meant to recite a product-by-process limitation wherein the resulting polymer is formed from a polymer powder. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation be amended to reflect the resulting polymer as supported by the application as originally filed. For the purposes of examination, the limitation will be interpreted as best can be understood when applying prior art wherein the limitation is a product-by-process limitation.
Claim 8 recites the limitation “a concealer comprising a powder polymer composition that is applied and cured to the first fabric layer” at lines 3-4. It is unclear if the limitation is requiring that a polymer powder is present in the final breast cup product, or if the limitation is meant to recite a product-by-process limitation wherein the resulting concealer is merely formed from a polymer powder that is ultimately cured. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation be amended to reflect the resulting polymer as supported by the application as originally filed. For the purposes of examination, the limitation will be interpreted as best can be understood when applying prior art wherein the limitation is a product-by-process limitation.
Claim 8 further recites the limitation “the polymer composition” at line 4. There is insufficient antecedent basis for this limitation in the claim. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. If meant to refer to the powder polymer composition, it is suggested that the limitation instead read “the powder polymer composition” or otherwise be made to agree with the previously introduced terminology. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claims 3-7 and 9-12 are also rejected for being dependent on a rejected claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 3-12, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0022423 to Webster (hereinafter, “Webster”) in view of US 2015/0024658 to Abbott et al. (hereinafter, “Abbott”), and in view of US 2009/0181599 to Farmer et al. (hereinafter, “Farmer”).
Regarding claim 1, Webster teaches a brassiere (See Webster, Fig. 1; brassiere (10); abstract) comprising: a body portion configured to at least partially encircle a torso of a wearer of the brassiere (See Webster, Figs. 1-2; support strap (18) is capable of at least partially encircling a hypothetical wearer’s torso; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), the body portion coupled to a pair of breast cups; the pair of breast cups comprising a first breast cup and a second breast cup, the pair of breast cups configured to support breasts of the wearer (See Webster, Figs. 1-2; support strap (18) coupled to breast cups (22) capable of supporting a hypothetical wearer’s breasts), each of the first breast cup and the second breast cup comprising: a first layer of fabric (See Webster, Figs. 1-4; fabric outer layer (24)); and a concealer coupled to the first layer of fabric (See Webster, Figs. 1-4; element (28) coupled outer layer (24); [0034]), the concealer comprising a body, the body having a first thickness value at or proximate to a center of the body and a second thickness value at or proximate to a periphery of the body, wherein the first thickness value is greater than the second thickness value (See Webster, Figs. 3-4; element (28) has body with first central thickness that is greater than thickness of second peripheral thickness), the concealer including: a center region; and a periphery (See Webster, Figs. 3-4; center (38) and periphery (36)).
That said, Webster is silent to the periphery comprising one or more first protrusions and one or more second protrusions, wherein each first protrusion of the one or more first protrusions and each second protrusion of the one or more second protrusions extend radially outward relative to the center region in an interleaved arrangement, wherein the center region and each first protrusion of the one or more first protrusions form a continuous body, wherein each second protrusion of the one or more second protrusions is positioned between two adjacent first protrusions of the one or more first protrusions and extend outwardly from a location provided between bases of the two adjacent first protrusions.
However, Abbott, in a related brassiere art, is directed to a brassiere and breast cup having a modesty layer in the breast cup (See Abbott, Figs. 1-3; abstract). More specifically, Abbott teaches the periphery comprising one or more first protrusions and one or more second protrusions, wherein each first protrusion of the one or more first protrusions and each second protrusion of the one or more second protrusions extend radially outward relative to the center region in an interleaved arrangement (See Abbott, Fig. 2; circular central region of modesty panel (80) and periphery first projections (84) and second projections (82) extending out from central region in interleaved arrangement; Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)), wherein the center region and each first protrusion of the one or more first protrusions form a continuous body (See Abbott, Fig. 2; modesty panel (80) having circular central region and protrusions (82, 84) is a continuous body), wherein each second protrusion of the one or more second protrusions is positioned between two adjacent first protrusions of the one or more first protrusions and extend outwardly from a location provided between bases of the two adjacent first protrusions (See Abbott, Fig. 2; each second protrusion (82) extends outwardly from a position between bases of two adjacent protrusions (84); Examiner notes that the term "adjacent" is very broad and merely means "close to; lying near". (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to change the shape of the modesty element of Webster to instead have the shape disclosed by Abbott in order to provide increased flexibility and a relative blurring effect of the element boundary thereby reducing visibility of the element and increasing the aesthetics of the overall brassiere (See Abbott, [0014]).
That said, the modified brassiere of Webster (i.e., Webster in view of Abbott, as discussed above) is silent to the concealer body including a polymer and wherein the polymer comprises a polymer powder that is designed to be coupled to the first layer of fabric by laser sintering.
However, Farmer, in a related brassiere art, is directed to a garment, such as a brassiere, having polymer compositions bonded to the fabric of the garment (See Farmer, Fig. 4; abstract). More specifically, Farmer teaches a body including a polymer (See Farmer, Fig. 4; polymer film (12) on bra cup fabric) and wherein the polymer comprises a polymer powder that is designed to be coupled to the first layer of fabric by laser sintering (Examiner notes that” a polymer powder designed to be coupled to the first layer of fabric by laser sintering” is a product-by-process limitation; the resulting structure of the prior art, i.e., a polymer coupled to the first layer of fabric, meets the structural requirements of the claim limitation; see 112(b) rejection above for additional discussion).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the modesty element of the modified brassiere of Webster from the polymer material disclosed by Webster for a variety of reasons including for example, but not limited to, providing a material that can provide at least some stretch and recovery, moldability, shape retention, and flexibility properties for the element (See Farmer, [0060]).
Regarding claim 3, the modified brassiere of Webster (i.e., Webster in view of Abbott and Farmer, as discussed with respect to claim 1 above) further teaches wherein each of the first breast cup and the second breast cup further includes an apex region, and wherein the concealer of each of the first breast cup and the second breast cup is positioned at or proximate to the respective apex region of the first breast cup and the second breast cup (See Webster, Figs. 1-4; element (28) is positioned at apex regions of each breast cup (22); [0032]).
Regarding claim 4, the modified brassiere of Webster (i.e., Webster in view of Abbott and Farmer, as discussed with respect to claim 1 above) further teaches wherein the polymer powder comprises at least one of urethane, polyurethane, silicone, or plastisol (polymer can be polyurethane; See Farmer, [0060]).
Regarding claim 5, the modified brassiere of Webster (i.e., Webster in view of Abbott and Farmer, as discussed with respect to claim 1 above) further teaches wherein the first thickness value is less than about 3 mm (See Webster, Figs. 1-4, 7-10; thicker center of modesty element (28) can be 0.05 inches (1.27 mm) which is less than about 3 mm; [0034]), the second thickness value is about zero millimeters, and the body of the concealer tapers from the center of the body to the periphery of the body (See Webster, Figs. 1-4, 7-10; modesty element (28) tapers from thicker center (38) to peripheral edge (36) wherein a thickness approaches zero; [0033]-[0034]).
Regarding claim 6, the modified brassiere of Webster (i.e., Webster in view of Abbott and Farmer, as discussed with respect to claim 1 above) further teaches wherein the center region of the concealer is provided in a form of a substantially circular shape (See Abbott, Figs. 1-3; center of modesty panel (80) is a substantially circular shape), a substantially ovular shape, or a substantially elliptical shape and wherein an arrangement of the one or more first protrusions and the one or more second protrusions defines gaps that are provided between tips of adjacent protrusions of the arrangement, and a size of the gaps gradually decreases from the periphery to the center region (See Abbott, Fig. 2; alternating protrusions (82, 84) are spaced from one another forming gaps therebetween including at tips of protrusions; width of gaps gradually decrease from periphery to center region of modesty panel (80)).
Regarding claim 7, the modified brassiere of Webster (i.e., Webster in view of Abbott and Farmer, as discussed with respect to claim 1 above) further teaches wherein the polymer is designed to be laser sintered by a laser sintering apparatus (urethane polymer of Farmer as applied in the modified brassiere of Webster is capable of being laser sinter by a hypothetical laser sintering apparatus; See Farmer, [0060]).
Regarding claim 8, Webster a breast cup for a brassiere (See Webster, Fig. 1; breast cup (22) of brassiere (10); abstract), the breast cup comprising: a first fabric layer (See Webster, Figs. 1-4; fabric outer layer (24)); and a concealer (See Webster, Figs. 1-4; element (28) coupled outer layer (24); [0034]), the concealer including: a center region; and a periphery (See Webster, Figs. 3-4; center (38) and periphery (36)), wherein the concealer is provided as a body having a first thickness value proximate or adjacent to a center of the body and a second thickness value proximate or adjacent to a periphery of the body (See Webster, Figs. 3-4; element (28) has body with first central thickness that is greater than thickness of second peripheral thickness).
That said, Webster is silent to the periphery comprising a plurality of first protrusions and a plurality of second protrusions, the plurality of first protrusions being continuous with the center region, wherein each of the second protrusions extend outwardly from a position and location provided between two adjacent first protrusions of the plurality of first protrusions.
However, Abbott, in a related brassiere art, is directed to a brassiere and breast cup having a modesty layer in the breast cup (See Abbott, Figs. 1-3; abstract). More specifically, Abbott teaches the periphery comprising a plurality of first protrusions and a plurality of second protrusions, the plurality of first protrusions being continuous with the center region (See Abbott, Fig. 2; circular central region of modesty panel (80) and periphery having first projections (84) and second projections (82); Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)), wherein each of the second protrusions extend outwardly from a position and location provided between two adjacent first protrusions of the plurality of first protrusions (See Abbott, Fig. 2; each second protrusion (82) extends outwardly from a position between two adjacent protrusions (84); Examiner notes that the term "adjacent" is very broad and merely means "close to; lying near". (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to change the shape of the modesty element of Webster to instead have the shape disclosed by Abbott in order to provide increased flexibility and a relative blurring effect of the element boundary thereby reducing visibility of the element and increasing the aesthetics of the overall brassiere (See Abbott, [0014]).
That said, the modified breast cup of Webster (i.e., Webster in view of Abbott, as discussed above) is silent to the concealer comprising a powder polymer composition that is applied and cured to the first fabric layer to couple the polymer composition to the first fabric layer.
However, Farmer, in a related brassiere art, is directed to a garment, such as a brassiere, having polymer compositions bonded to the fabric of the garment (See Farmer, Fig. 4; abstract). More specifically, Farmer teaches the concealer comprising a powder polymer composition that is applied and cured to the first fabric layer to couple the polymer composition to the first fabric layer (See Farmer, Fig. 4; polymer film (12) applied and cured on bra cup fabric; [0136]; Examiner notes that “a polymer powder composition” that is ultimately cured is a product-by-process limitation; the resulting structure of the prior art, i.e., a cured, polymer concealer coupled to the first layer of fabric, meets the structural requirements of the claim limitation; see 112(b) rejection above for additional discussion).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the modesty element of the modified breast cup of Webster from the polymer material disclosed by Webster for a variety of reasons including for example, but not limited to, providing a material that can provide at least some stretch and recovery, moldability, shape retention, and flexibility properties for the element (See Farmer, [0060]).
Regarding claim 9, the modified breast cup of Webster (i.e., Webster in view of Abbott and Farmer, as discussed with respect to claim 8 above) further teaches wherein the first thickness value is greater than the second thickness value (See Webster, Figs. 3-4; element (28) has body with first central thickness that is greater than thickness of second peripheral thickness).
Regarding claim 10, the modified breast cup of Webster (i.e., Webster in view of Abbott and Farmer, as discussed with respect to claim 8 above) further teaches wherein a thickness of the concealer tapers from the first thickness value to the second thickness value (See Webster, Figs. 1-4, 7-10; modesty element (28) tapers from thicker center (38) to peripheral edge (36) wherein a thickness approaches zero; [0033]-[0034]).
Regarding claim 11, the modified breast cup of Webster (i.e., Webster in view of Abbott and Farmer, as discussed with respect to claim 8 above) further teaches wherein the center region is provided as a first shape and the periphery of the concealer includes gaps provided between adjacent protrusions of the plurality of first protrusions and the plurality of second protrusions (See Abbott, Figs. 1-3; center of modesty panel (80) is a substantially circular shape; periphery (82, 84) of modesty panel (80) includes gaps between adjacent protrusions (82, 84)).
Regarding claim 12, the modified breast cup of Webster (i.e., Webster in view of Abbott and Farmer, as discussed with respect to claims 8 and 11 above) further teaches wherein the plurality of first protrusions have a first length and the plurality of second protrusions have a second length (See Abbott, Fig. 2; modesty panel (80) includes alternating protrusions (82, 84) at periphery, the alternating protrusions (82, 84) having first and second lengths), wherein the concealer includes gaps between first ends of the plurality of first protrusions and second ends of the plurality of second protrusions, and wherein the gaps are devoid of the powder polymer composition (See Abbott, Fig. 2; alternating protrusions (82, 84) are spaced from one another forming gaps therebetween, wherein the polymer material of Barnwell used to form the modesty panel (80) in the modified breast cup of Abbott as discussed above is not present).
Response to Arguments
In view of Applicant’s amendment, the search has been updated, and new prior art has been identified and applied. Applicant’s arguments, filed June 12, 2026, with respect to the rejection of the claims under 35 USC 103 have been fully considered but are moot in view of the new grounds of rejection, as Applicant’s arguments appear to be drawn only to the newly amended limitations and previously presented rejections.
In response to Applicant’s arguments directed to the process steps of Abbott, Examiner notes that in the current grounds of rejection, Abbott is only relied upon for a teach of a shape of a modesty element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MARCHEWKA whose telephone number is (571) 272-4038. The examiner can normally be reached M-F: 9:00AM-5:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLINTON T OSTRUP can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732
Prosecution Insights