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 .
Status of the Claims
As directed by the amendment received on February 16, 2026, claims 1, 6, 8, and 11 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 Accordingly, claims 1-20 are currently pending in this application with claims 2 and 13-20 having been previously withdrawn from further consideration.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 February 16, 2026, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated October 16, 2025, are hereby withdrawn unless specifically noted below.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 6 and 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 6 recites the limitation “tips of adjacent protrusions” at lines 4-5. As several protrusions were previously recited in the claim, it is unclear to which of the protrusions are being referred or if some other adjacent protrusions are being introduced in the claim. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation instead read “tips of adjacent protrusions of the arrangement”. 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.
Claim 12 recites the limitation “wherein the body of the concealer further comprises a plurality of first protrusions having a first length and a plurality of second protrusions having a second length” at lines 1-3. It is unclear if the limitation is meant to refer back to the previously introduced protrusions or if the limitation is attempting to introduce some other protrusions. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation instead read “wherein the plurality of first protrusions have a first length and the plurality of second protrusions have a second length”. 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.
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 8 and 11-12 (claim 12 as best can be understood) are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0024658 to Abbott et al. (hereinafter, “Abbott”) in view of US 2021/0093021 to Barnwell et al. (hereinafter, “Barnwell”).
Regarding claim 8, Abbott teaches a breast cup for a brassiere (See Abbott, Figs. 1-3; breast cup (50) for brassiere (10); abstract), the breast cup comprising: a first fabric layer (See Abbott, Fig. 3; first ply (60); [0022]); and a concealer (See Abbott, Figs. 1-3; modesty panel (80)) that is applied to the first fabric layer (See Abbott, Fig. 3; modesty panel (80) may be coupled to inner surface (63) of first ply (60); [0013]), the concealer including: a center region; and a periphery comprising a plurality of the 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 form 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)), 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 Abbott, Figs. 2-3; modesty panel (80) is provided as a body on the breast cup, the body having some first thickness proximate a center and some second thickness proximate a periphery; Examiner notes that the claim limitation only recites the presence of the thicknesses and does not recite if the first and second thicknesses are the same or different from one another; Examiner further notes that the term "proximate" is very broad and merely means "close; very near". (Defn. No. 2 of "Random House Kernerman Webster's College Dictionary" entry via TheFreeDictionary.com)).
That said, Abbott is silent to the concealer comprising a powder polymer composition that is cured.
However, Barnwell, in a related printed fabric breast covering and support garment art, is directed to a printed fabric garment for supporting breasts of a wearer (See Barnwell, Fig. 1; abstract; [0041]-[0042]). More specifically, Barnwell teaches a breast covering comprising a powder polymer composition that is cured (See Barnwell, Fig.1; breast covering garment (200) can be formed from polymer powder, such as polyurethane, that is cured via laser-sintering techniques; [0041]-[0042]).
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 substitute the material of the concealer of Abbott with the polymer material disclosed by Barnwell, as the modification amounts to no more than a simple substitution of one known printed fabric breast covering material for another with nothing more than the reasonable expectation of one printed fabric breast covering material performing just as well as the other to yield predictable results, i.e., providing breast and/or nipple coverage using a material that can aesthetically fit to the shape of the individual wearer’s breast (See Barnwell, [0034]). What is more, Abbott lends itself to modification of the material of the modesty panel, i.e., the concealer, by discussing that the material comprising the modesty panel is not limited to flock (See Abbott, [0017]).
Regarding claim 11, the modified breast cup of Abbott (i.e., Abbott in view of Barnwell, 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 Abbott (i.e., Abbott in view of Barnwell, as discussed with respect to claims 8 and 11 above) further teaches wherein the body of the concealer further comprises a plurality of first protrusions having a first length and a plurality of second protrusions having 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).
Claims 1, 3-7, and 9-10 (claim 6 as best can be understood) are rejected under 35 U.S.C. 103 as being unpatentable over Abbott in view of Barnwell (as applied to claim 8 above with respect to claims 9-10), and further in view of US 2020/0022423 to Webster (hereinafter, “Webster”).
Regarding claim 1, Abbott teaches a brassiere (See Abbott, Figs. 1-3; brassiere (10)) comprising: a body portion configured to at least partially encircle a torso of a wearer of the brassiere (See Abbott, Fig. 1; torso band (30) is capable of at least partially encircling a torso of a wearer), the body portion coupled to a pair of breast cups (See Abbott, Fig. 1; torso band (30) is coupled to breast cups (50); 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 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 Abbott, Fig. 1; first and second breast cups (50) capable of support breasts of a wearer), each of the first breast cup and the second breast cup comprising: a first layer of fabric (See Abbott, Figs. 2-3; each breast cup (50) includes first ply (60); [0022]); and a concealer coupled to the first layer of fabric (See Abbott, Fig. 3; modesty panel (80) may be coupled to inner surface (63) of first ply (60); [0013]), the concealer comprising a 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 (See Abbott, Figs. 2-3; modesty panel (80) comprises a body having some first thickness proximate a center and some second thickness proximate a periphery; Examiner further notes that the term "proximate" is very broad and merely means "close; very near". (Defn. No. 2 of "Random House Kernerman Webster's College Dictionary" entry via TheFreeDictionary.com)), the concealer including: a center region; and a 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 portions (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)).
That said, although Abbott teaches that the concealer is coupled to the first layer of fabric (See Abbott, [0013]), Abbott is silent to the concealer body including a polymer and wherein the polymer comprises a polymer powder that is designed to be coupled by laser sintering.
However, Barnwell, in a related breast covering and support garment art, is directed to a printed fabric garment for supporting breasts of a wearer (See Barnwell, Fig. 1; abstract; [0041]-[0042]). More specifically, Barnwell teaches a breast covering including a polymer and wherein the polymer comprises a polymer powder that is designed to be coupled by laser sintering (See Barnwell, Fig.1; breast covering garment (200) can be formed from polymer powder, such as polyurethane, that is cured via laser-sintering techniques and that can be coupled to fabric layers; [0041]-[0042], [0062]).
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 substitute the material of the concealer of Abbott with the laser-sintered polymer material disclosed by Barnwell, as the modification amounts to no more than a simple substitution of one known printed fabric breast covering material for another with nothing more than the reasonable expectation of one printed fabric breast covering material performing just as well as the other to yield predictable results, i.e., providing breast and/or nipple coverage using a material that can aesthetically fit to the shape of the individual wearer’s breast (See Barnwell, [0034]). What is more, Abbott lends itself to modification of the material of the modesty panel, i.e., the concealer, by discussing that the material comprising the modesty panel is not limited to flock (See Abbott, [0017]).
That said, the modified brassiere of Abbott (i.e., Abbott in view of Barnwell, as discussed above) is silent to wherein the first thickness value is greater than the second thickness value.
However, Webster, in a related brassiere art, is directed to a brassiere having a pair of breast cups with modesty elements positioned in the breast cups (See Webster, Figs. 1-4; abstract). More specifically, Webster teaches wherein the first thickness value is greater than 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]).
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 taper the thickness of the concealer of the modified brassiere of Abbot from a center to a peripheral edge as disclosed by Webster in order to help cover an apex of a wearer’s breast and help provide a relatively smooth outer appearance of the breast cup when worn (See Webster, [0033]-[0035]).
Regarding claim 3, the modified brassiere of Abbott (i.e., Abbott in view of Barnwell and Webster, 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 Abbott, Figs. 1-3; modesty panel (80) is positioned at apex regions of each breast cup (50); [0020]).
Regarding claim 4, the modified brassiere of Abbott (i.e., Abbott in view of Barnwell and Webster, as discussed with respect to claim 1 above) further teaches wherein the polymer powder comprises at least one of urethane, polyurethane, silicone, or plastisol (See Barnwell; polymer powder material can be polyurethane; [0041]-[0042]).
Regarding claim 5, the modified brassiere of Abbott (i.e., Abbott in view of Barnwell and Webster, 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 to the periphery (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 Abbott (i.e., Abbott in view of Barnwell and Webster, 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, a substantially ovular shape, or a substantially elliptical shape (See Abbott, Figs. 1-3; center of modesty panel (80) is a substantially circular 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, 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 Abbott (i.e., Abbott in view of Barnwell and Webster, as discussed with respect to claim 1 above) further teaches wherein the polymer is designed to be laser sintered by a laser sintering apparatus (See Barnwell; polymer material of concealer of modified brassiere of Abbott as discussed above is capable of being laser sintered; [0041]-[0042]).
Regarding claim 9, the modified breast cup of Abbott (i.e., Abbott in view of Barnwell, as discussed with respect to claim 8 above) is silent to wherein the first thickness value is greater than the second thickness value.
However, Webster, in a related brassiere art, is directed to a brassiere having a pair of breast cups with modesty elements positioned in the breast cups (See Webster, Figs. 1-4; abstract). More specifically, Webster teaches wherein the first thickness value is greater than 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]).
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 taper the thickness of the concealer of the modified brassiere of Abbot from a center to a peripheral edge as disclosed by Webster in order to help cover an apex of a wearer’s breast and help provide a relatively smooth outer appearance of the breast cup when worn (See Webster, [0033]-[0035]).
Regarding claim 10, the modified breast cup of Abbott (i.e., Abbott in view of Barnwell, as discussed with respect to claim 8 above) is silent to wherein a thickness of the concealer tapers from the first thickness value to the second thickness value.
However, Webster, in a related brassiere art, is directed to a brassiere having a pair of breast cups with modesty elements positioned in the breast cups (See Webster, Figs. 1-4; abstract). More specifically, Webster 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]).
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 taper the thickness of the concealer of the modified brassiere of Abbot from a center to a peripheral edge as disclosed by Webster in order to help cover an apex of a wearer’s breast and help provide a relatively smooth outer appearance of the breast cup when worn (See Webster, [0033]-[0035]).
Response to Arguments
Applicant’s arguments, filed February, 16, 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. Applicant's arguments have been fully considered but they are not persuasive.
In response to Applicant's apparent argument that the references fail to show certain features of the invention, it is noted that the features upon which Applicant relies (i.e., protrusions that overlap or overlay each other) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). As discussed in the current grounds of rejection above, the central region and periphery of the modesty panel of Abbott are continuous with one another.
In response to Applicant’s argument that there is no teaching, suggestion, or motivation to combine the references of Abbott and Barnwell, Examiner respectfully disagrees. As an initial matter, Examiner disagrees with Applicant’s summary of the modification being “Barnwell’s additive-manufactured support structures may be ‘substituted’ into the material of the concealer of Abbott” (See Applicant’s Remarks, page 11, lines 10-12). Contrary to Applicant’s argument, and as stated in both the previous and current grounds of rejection, the modification describes substitution of the material of the concealer of Abbott with the laser-sintered polymer material disclosed by Barnwell (i.e., a first material substituted for a second material). At no point does the modification describe somehow substituting a support structure “into” a material as alleged by Applicant.
In response to Applicant’s continued argument that the references rely on distinct manufacturing processes wherein the modification would require abandoning Abbott’s applied-layer construction and would result in substantial reconstruction and changes in the principle of operation of Abbott, Examiner again respectfully disagrees. Both Abbott and Barnwell are directed to printed fabric constructions that can be formed through application of one or more layers of material (See Abbott, [0013]-[0015], [0019], [0027] and Barnwell [0039]-[0042], [0061]-[0062]). Furthermore, the structures of Abbott and Barnwell can both be applied to a fabric layer of a garment (See Abbott, Fig. 3 and Barnwell, [0061]-[0062]).
In response to Applicant’s further apparent argument that the combination is improper, as using an additive manufacturing process with MJF powders to form an integral or unitary piece to form the modesty panel of Abbott would alter the principle of operation of Abbott, Examiner again respectfully disagrees. Examiner notes that Applicant’s arguments appear to rely, at least in part, on an alternative embodiment of Barnwell (i.e., garment (300) of Figs. 6-9 as discussed at least at [0043]-[0044] of Barnwell) and combine this disclosure with that of the embodiment of Barnwell relied upon in both the previous and current grounds of rejection. Instead, as discussed above, the current grounds of rejection rely on the embodiment of garment (200) of Barnwell (as discussed at least at [0041]-[0042] of Barnwell) which discloses a printed fabric breast covering structure which is able to be formed from laser-sintered printing of powder polymer material. Indeed, Barnwell explicitly states that formation of the structure is not limited to only MJF printing and that laser sintering printing is alternatively acceptable (See Barnwell, [0042]). Furthermore, in the current grounds of rejection, Barnwell is relied upon for teaching the laser-sintered/cured polymer powder material, while Abbott is relied upon for teaching the structure of the concealer. The structures Abbott and Barnwell are both printed fabric constructions. Even after the modification, the principle of operation of the modesty panel of Abbott remains, i.e., an aesthetically pleasing and discreet structure for providing breast and/or nipple coverage for a wearer.
Examiner further recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, 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 substitute the material of the concealer of Abbott with the laser-sintered polymer material disclosed by Barnwell, as the modification amounts to no more than a simple substitution of one known printed fabric breast covering material for another with nothing more than the reasonable expectation of one printed fabric breast covering material performing just as well as the other to yield predictable results, i.e., providing breast and/or nipple coverage using a material that can aesthetically fit to the shape of the individual wearer’s breast (See Barnwell, [0034]). What is more, Abbott lends itself to modification of the material of the modesty panel, i.e., the concealer, by discussing that the material comprising the modesty panel is not limited to flock (See Abbott, [0017]).
Therefore, for at least the above reasons, the modification of Abbott in view of Barnwell is proper.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. US 2017/0281367 to Ketchum et al. is directed to a bra having printed elements.
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.
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.
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/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732