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
The amendments filed on 10/14/2025 have been entered. Claims 1-3, 5, 11-13, and 15-27 remain pending in the application, with Claims 4, 6-10, and 14 being newly canceled, Claims 21-27 being newly amended, and Claims 1, 3, 11, 12, and 20 being newly amended. Applicant’s amendments to the Claims have overcome each and every objection, 35 U.S.C. 101 rejection, and 35 U.S.C. 112(b) rejection previously set forth in the Non-final Office Action mailed 07/15/2025.
Claim Objections
Claim 24 is objected to because of the following informalities: “an inside pocket” in Claim 24 appears as though it should recite “an inside pocket bag” or “an inside pocket with an inside pocket bag” so as to provide antecedent basis for “the inside pocket bag” in Claims 25 and 26. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mario (US 2008/0078012).
Regarding Claim 1, Mario teaches a waistband (16) for a lower torso garment (10), the waistband comprising: a front portion (see annotated Fig.) configured for covering at least a portion of a pelvic area of a wearer, and a back portion (see annotated Fig.) configured for covering at least a portion of a lower back area of the wearer (Annotated fig. 1 shows the front and back portions configured to cover at least a portion of a pelvic area and at least a portion of a back area of the wearer, respectively), wherein the front portion and the back portion are connected together along two opposite sides to form a waistband torso opening (see annotated Fig.) with a top circumferential edge (see annotated Fig.) and a bottom circumferential edge (see annotated Fig.) (annotated fig. 1 shows the front and back portions being connected along two opposite sides to form a waistband torso opening with a top and a bottom circumferential edge), each of the front portion and the back portion (figs. 2-4 represent the making of both the front and back portions) comprising: an inner fabric layer (20) extending from the top circumferential edge to the bottom circumferential edge, the inner fabric layer have an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.), the inner fabric layer forming an inside surface of the waistband, the inside surface being configured for facing a body of the wearer; (fig. 4 shows the inner fabric layer (20) extending from the top to the bottom circumferential edge and having a top edge and a bottom edge, Examiner notes that as the garment is capable of being worn inside-out and in such a situation, 20 is the inner layer absent further distinguishing limitations. As such the inner layer (20) is capable of forming the inside surface of the waistband and configured to face the body of the wearer); an outer fabric layer (22) having an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.), the lower edge connected to the lower edge of the inner fabric layer along the bottom circumferential edge of the waistband, (annotated fig. 4 shows the outer fabric layer (22) having an upper and a lower edge, the lower edge of the outer fabric layer being connected to the lower edge of the inner fabric layer (20) by stitching (66), Examiner notes that as the garment is capable of being worn inside-out and in such a situation, 22 is the outer layer absent further distinguishing limitation. AS such the outer layer (22) is capable of forming a first portion of an outsole surface of the waistband and configured to face away from the body of the wearer); and an elastic band (18) (paragraph [0020] teaches “elastic strip 18”) having an upper edge (see annotated Fig.), a lower edge (see annotated Fig.) and a width, the lower edge of the elastic band connected to the upper edge of the outer fabric layer and the upper edge of the elastic band connected to the upper edge of the inner fabric layer (annotated fig. 4 shows the lower edge of the elastic band connected to upper edge of the outer fabric layer and the upper edge of the elastic band connected to the upper edge of the inner fabric layer, the elastic band clearly having a width), the elastic band including an exposed portion between the upper edge of the outer fabric layer and the upper edge of the inner fabric layer, the exposed portion of the elastic band forming a second portion of the outside surface of the waistband (Examiner notes that as the garment is capable of being worn inside-out and in such a situation, the elastic band (18) would include an exposed portion between the upper edges of the inner (20) and outer (22) fabric layers and therein form a second portion of the outside surface of the waistband).
Regarding Claim 2, Mario teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Mario further teaches wherein the upper edge of the inner fabric layer (20) is folded over the top circumferential edge (see annotated Fig.) such that the top circumferential edge of the waistband is covered with the inner fabric layer (annotated fig. 4 shows the upper edge of the inner fabric layer (20) being folded over the top circumferential edge to cover the top circumferential edge).
Regarding Claim 3, Mario teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Mario further teaches wherein the upper edge of the inner fabric layer (20) is connected to the upper edge of the elastic band (18) along the top circumferential edge of the waistband such that the upper edge of the inner fabric layer and the upper edge of the elastic band define the top circumferential edge of the waistband (annotated fig. 4 shows the upper edge of the inner fabric layer (20) and the upper edge of the elastic band (18) being connected along and defining the top circumferential edge of the waistband).
Regarding Claim 19, Mario teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above. Mario further teaches wherein the lower torso garment (10) is a pair of pants, a pair of tights, a pair of leggings, a pair of shorts, a pair of trousers, a pair of jogging pants, a skort, a skirt, a jumpsuit, a romper or a bodysuit (paragraph [0019] teaches “there is shown a garment 10 in the form of a pair of pants”).
Regarding Claim 20, Mario teaches an article of lower torso athletic apparel (10) (Examiner notes that the lower torso apparel (10) shown in fig. 1 could clearly be worn to do athletic activities, and therein is considered athletic apparel) comprising: a first leg portion (see annotated Fig.) configured to cover at least a portion of a first leg of a wearer and having a front part (see annotated Fig.) and a back part (see annotated Fig.) joined together (annotated fig. 1 shows the first leg portion configured to cover a portion of a first leg of a wearer and having a front and back part joined together); a second leg portion (see annotated Fig.) configured to cover at least a portion of a second leg of the wearer and having a front part (see annotated Fig.) and a back part (see annotated Fig.) joined together (annotated fig. 1 shows the second leg portion configured to cover a portion of a second leg of a wearer and having a front and back part joined together), wherein each of the first and second leg portions have an upper leg opening (see annotated Fig.) and a lower leg opening configured to allow each of the wearer’s legs to pass through the upper and lower leg openings when the article of lower torso athletic apparel is worn by the wearer (annotated fig. 1 shows the first and second leg portions clearly having upper leg openings to allow the wearer’s legs to pass through when worn, fig. 1 does not show the lower leg openings however as the apparel (10) are pants, there is clearly a lower leg opening in each leg portion at the hem of the pants that would allow a wearer’s limb to extend therethrough); a lower torso portion (see annotated Fig.) joined with the first leg portion and the second leg portion, the lower torso portion having a front part (see annotated Fig.) configured to cover at least a portion of a lower pelvic area of the wearer and a back part (see annotated Fig.) configured to cover at least a portion of a lower buttocks area of the wearer (annotated fig. 1 shows the lower torso portion being joined with the first and second leg portions and having a front and back part to cover a portion of the wearer’s lower pelvic area and lower buttocks, respectively); and a waistband (16) joined with the lower torso portion, the waistband comprising: a front portion (see annotated Fig.) configured for covering at least a portion of an upper pelvic area of the wearer, and a back portion (see annotated Fig.) for covering at least a portion of a lower back area of the wearer (Annotated fig. 1 shows the front and back portions configured to cover at least a portion of an upper pelvic area and at least a portion of a back area of the wearer, respectively), wherein the front portion and the back portion are connected together along two opposite sides to form a waistband torso opening (see annotated Fig.) with a top circumferential edge (see annotated Fig.) and a bottom circumferential edge (see annotated Fig.) (annotated fig. 1 shows the front and back portions being connected along two opposite sides to form a waistband torso opening with a top and a bottom circumferential edge), each of the front portion and the back portion (figs. 2-4 represent the making of both the front and back portions) comprising: an inner fabric layer (20) extending from the top circumferential edge to the bottom circumferential edge, the inner fabric layer having an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.), the inner fabric layer forming an inside surface of the waistband, the inside surface being configured for facing a body of the wearer; (fig. 4 shows the inner fabric layer (20) extending from the top to the bottom circumferential edge and having a top edge and a bottom edge, Examiner notes that as the garment is capable of being worn inside-out and in such a situation, 20 is the inner layer absent further distinguishing limitations. As such, the inner layer (20) is capable of forming an inner surface of the waistband and being configured to face a wearer’s body); an outer fabric layer (22) having an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.), the lower edge connected to the lower edge of the inner fabric layer along the bottom circumferential edge of the waistband, the inner fabric layer forming an inside surface of the waistband, the inside surface being configured for facing a body of the wearer; an outer fabric layer having an upper edge and a lower edge, the lower edge connected to the outer fabric layer forming a first portion of an outside surface of the waistband, the outside surface being configured for facing away from the body of the wearer; (annotated fig. 4 shows the outer fabric layer (22) having an upper and a lower edge, the lower edge of the outer fabric layer being connected to the lower edge of the inner fabric layer (20) by stitching (66), Examiner notes that as the garment is capable of being worn inside-out and in such a situation, 22 is the outer layer absent further distinguishing limitation. As such, the outer layer (22) is capable of forming a first portion of an outer surface of the waistband and being configured to face away from a wearer’s body); and an elastic band (18) (paragraph [0020] teaches “elastic strip 18”) having an upper edge (see annotated Fig.), a lower edge (see annotated Fig.) and a width, the lower edge of the elastic band connected to the upper edge of the outer fabric layer and the upper edge of the elastic band connected to the upper edge of the inner fabric layer (annotated fig. 4 shows the lower edge of the elastic band connected to upper edge of the outer fabric layer and the upper edge of the elastic band connected to the upper edge of the inner fabric layer, the elastic band clearly having a width), the elastic band including an exposed portion between the upper edge of the outer fabric layer and the upper edge of the inner fabric layer, the exposed portion of the elastic band forming a second portion of the outside surface of the waistband (Examiner notes that as the garment is capable of being worn inside-out and in such a situation, the elastic band (18) would include an exposed portion between the upper edges of the inner (20) and outer (22) fabric layers and therein form a second portion of the outside surface of the waistband).
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Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mario (US 2008/0078012) in view of Kristof (US 3711868).
Regarding Claim 5, Mario teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above.
Mario does not teach wherein the inner fabric layer comprises two or more zones, each zone having a different module of elasticity.
Attention is drawn to Kristoff, which teaches an analogous article of apparel. Kristoff teaches a waistband (10) for a lower torso garment, the waistband comprising: a top circumferential edge (21) and a bottom circumferential edge (see annotated Fig.), and an inner fabric layer (11) facing a body of the wearer and extending from the top circumferential edge to the bottom circumferential edge (fig. 2 shows the inner layer (11) configured to face the wearer’s body and extending from the top to the bottom circumferential edge), the inner fabric layer have an upper edge and a lower edge (fig. 2 shows the inner fabric layer (11) having an upper and a lower edge); an outer fabric layer (12) having an upper edge and a lower edge (annotated fig. 2 shows the outer fabric layer (12) having an upper and a lower edge). Kristoff further teaches wherein the inner fabric layer comprises two or more zones (see annotated Fig.), each zone having a different module of elasticity (annotated fig. 2 shows the first zone being made only of fabric, and the second zone being made of fabric with filaments (17) woven through, wherein the filaments would clearly increase the modulus of elasticity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario to include the teachings of Kristoff such that the inner fabric layer comprises two or more zones, each zone having a different module of elasticity so as to provide friction to help the waistband stay in place against the wearer (col. 3 ll. 55-58 teaches “strands or bundles 17 of filaments which in the illustrated embodiment are textured or texturized elements which project beyond the surface of the exposed side,” wherein textured strands would clearly provide friction).
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Claim(s) 11-13 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mario (US 2008/0078012) in view of Peters et al. (US 2019/0297976).
Regarding Claim 11, Mario teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above.
Mario does not teach a middle layer positioned between the inner fabric layer and the outer fabric layer.
Attention is drawn to Peters et al., which teaches an analogous article of apparel. Peters et al. teaches a waistband for a lower torso garment, the waistband comprising: a top circumferential edge (114) and a bottom circumferential edge (116) and an inner fabric layer (104) facing a body of the wearer and extending from the top circumferential edge to the bottom circumferential edge (fig. 2 shows the inner fabric layer (104) extending from the top circumferential edge to the bottom circumferential edge and being capable of facing the body of the wearer), the inner fabric layer have an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edges of the inner fabric layer); an outer fabric layer (102) having an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edge of the outer fabric layer (102)), the lower edge connected to the lower edge of the inner fabric layer along the bottom circumferential edge of the waistband (paragraph [0067] teaches “first fabric 102, second fabric 104, and/or mesh 110 may be sewn, stitched, or otherwise attached together at bottom portion 116,” where the lower edges of the inner (104) and outer (102) fabric layers are disposed at the bottom portion, as shown in annotated fig. 2). Peters et al. further teaches a middle layer (106, 108, 110) positioned between the inner fabric layer and the outer fabric layer (fig. 2 shows the middle layer (106, 108, 110) positioned between the inner (104) and outer (102) fabric layers).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario to include the teachings of Peters et al. such that the waistband includes a middle layer positioned between the inner fabric layer and the outer fabric layer so as to enhance the elasticity of the waistband (paragraph [0035] teaches “a waistband of the present disclosure includes a mesh layer and one or more adhesive layers to enhance the elasticity of these regions.”).
Regarding Claim 12, Mario teaches all of the limitations of the waistband of Claim 11, as discussed in the rejections above.
Mario does not teach wherein the middle layer has a lower portion aligned with the lower edge of the inner fabric layer and the lower edge of the outer fabric layer, and an upper portion aligned with the upper edge of the outer fabric layer.
Attention is drawn to Peters et al., which teaches an analogous article of apparel. Peters et al. teaches a waistband for a lower torso garment, the waistband comprising: a top circumferential edge (114) and a bottom circumferential edge (116) and an inner fabric layer (104) facing a body of the wearer and extending from the top circumferential edge to the bottom circumferential edge (fig. 2 shows the inner fabric layer (104) extending from the top circumferential edge to the bottom circumferential edge and being capable of facing the body of the wearer), the inner fabric layer have an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edges of the inner fabric layer); an outer fabric layer (102) having an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edge of the outer fabric layer (102)), the lower edge connected to the lower edge of the inner fabric layer along the bottom circumferential edge of the waistband (paragraph [0067] teaches “first fabric 102, second fabric 104, and/or mesh 110 may be sewn, stitched, or otherwise attached together at bottom portion 116,” where the lower edges of the inner (104) and outer (102) fabric layers are disposed at the bottom portion, as shown in annotated fig. 2) and a middle layer (106, 108, 110) positioned between the inner fabric layer and the outer fabric layer (fig. 2 shows the middle layer (106, 108, 110) positioned between the inner (104) and outer (102) fabric layers). Peters et al. further teaches wherein the middle layer (106, 108, 110) having a lower portion (see annotated Fig.) aligned with the lower edge of the inner fabric layer and the lower edge of the outer fabric layer, and an upper portion (see annotated Fig.) aligned with the upper edge of the outer fabric layer (annotated fig. 2 shows a lower portion of the middle layer aligned with the lower edges of the inner (104) and outer (102) fabric layers and an upper portion of the middle layer aligned with the upper edge of the outer fabric layer (102)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario to include the teachings of Peters et al. such that the middle layer has a lower portion aligned with the lower edge of the inner fabric layer and the lower edge of the outer fabric layer, and an upper portion aligned with the upper edge of the outer fabric layer so as to give the waistband a smoother, more simple appearance by hiding the middle layer between the inner and outer fabric layers.
Regarding Claim 13, Mario teaches all of the limitations of the waistband of Claim 11, as discussed in the rejections above.
Mario does not teach wherein the middle layer is connected to the outer fabric layer at least along the upper edge of the outer fabric layer.
Attention is drawn to Peters et al., which teaches an analogous article of apparel. Peters et al. teaches a waistband for a lower torso garment, the waistband comprising: a top circumferential edge (114) and a bottom circumferential edge (116) and an inner fabric layer (104) facing a body of the wearer and extending from the top circumferential edge to the bottom circumferential edge (fig. 2 shows the inner fabric layer (104) extending from the top circumferential edge to the bottom circumferential edge and being capable of facing the body of the wearer), the inner fabric layer have an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edges of the inner fabric layer); an outer fabric layer (102) having an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edge of the outer fabric layer (102)), the lower edge connected to the lower edge of the inner fabric layer along the bottom circumferential edge of the waistband (paragraph [0067] teaches “first fabric 102, second fabric 104, and/or mesh 110 may be sewn, stitched, or otherwise attached together at bottom portion 116,” where the lower edges of the inner (104) and outer (102) fabric layers are disposed at the bottom portion, as shown in annotated fig. 2) and a middle layer (108, 110, 112) positioned between the inner fabric layer and the outer fabric layer (fig. 2 shows the middle layer (108, 110, 112) positioned between the inner (104) and outer (102) fabric layers), the middle layer having a lower portion (see annotated Fig.) aligned with the lower edge of the inner fabric layer and the lower edge of the outer fabric layer, and an upper portion (see annotated Fig.) aligned with the upper edge of the outer fabric layer (annotated fig. 2 shows a lower portion of the middle layer aligned with the lower edges of the inner (104) and outer (102) fabric layers and an upper portion of the middle layer aligned with the upper edge of the outer fabric layer (102)). Peters et al. further teaches wherein the middle layer (108, 110, 112) is connected to the outer fabric layer (102) at least along the upper edge of the outer fabric layer (annotated fig. 2 shows the middle layer (108, 110, 112) being connected to the outer fabric layer (102) along the upper edge of the outer fabric layer by adhesive (112) of the middle layer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario to include the teachings of Peters et al. such that the middle layer is connected to the outer fabric layer at least along the upper edge of the outer fabric layer so as to prevent the middle layer from rolling or scrunching downwards inside waistband, which would provide an uneven effect on the wearer.
Regarding Claim 15, Mario teaches all of the limitations of the waistband of Claim 11, as discussed in the rejections above.
Mario does not teach wherein the middle layer is a mesh.
Attention is drawn to Peters et al., which teaches an analogous article of apparel. Peters et al. teaches a waistband for a lower torso garment, the waistband comprising: a top circumferential edge (114) and a bottom circumferential edge (116) and an inner fabric layer (104) facing a body of the wearer and extending from the top circumferential edge to the bottom circumferential edge (fig. 2 shows the inner fabric layer (104) extending from the top circumferential edge to the bottom circumferential edge and being capable of facing the body of the wearer), the inner fabric layer have an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edges of the inner fabric layer); an outer fabric layer (102) having an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edge of the outer fabric layer (102)), the lower edge connected to the lower edge of the inner fabric layer along the bottom circumferential edge of the waistband (paragraph [0067] teaches “first fabric 102, second fabric 104, and/or mesh 110 may be sewn, stitched, or otherwise attached together at bottom portion 116,” where the lower edges of the inner (104) and outer (102) fabric layers are disposed at the bottom portion, as shown in annotated fig. 2) and a middle layer (108, 110, 112) positioned between the inner fabric layer and the outer fabric layer (fig. 2 shows the middle layer (108, 110, 112) positioned between the inner (104) and outer (102) fabric layers), the middle layer having a lower portion (see annotated Fig.) aligned with the lower edge of the inner fabric layer and the lower edge of the outer fabric layer, and an upper portion (see annotated Fig.) aligned with the upper edge of the outer fabric layer (annotated fig. 2 shows a lower portion of the middle layer aligned with the lower edges of the inner (104) and outer (102) fabric layers and an upper portion of the middle layer aligned with the upper edge of the outer fabric layer (102)). Peters et al. further teaches wherein the middle layer (108, 110, 112) is a mesh (paragraph [0064] teaches “a layer of mesh 110,” therein the middle layer clearly is a mesh).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario to include the teachings of Peters et al. such that the middle layer is a mesh so as to increase the breathability of the waistband while also reducing the weight and bulk of the waistband.
Regarding Claim 16, Mario teaches all of the limitations of the waistband of Claim 11, as discussed in the rejections above.
Mario does not teach wherein the middle layer comprises an adhesive.
Attention is drawn to Peters et al., which teaches an analogous article of apparel. Peters et al. teaches a waistband for a lower torso garment, the waistband comprising: a top circumferential edge (114) and a bottom circumferential edge (116) and an inner fabric layer (104) facing a body of the wearer and extending from the top circumferential edge to the bottom circumferential edge (fig. 2 shows the inner fabric layer (104) extending from the top circumferential edge to the bottom circumferential edge and being capable of facing the body of the wearer), the inner fabric layer have an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edges of the inner fabric layer); an outer fabric layer (102) having an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edge of the outer fabric layer (102)), the lower edge connected to the lower edge of the inner fabric layer along the bottom circumferential edge of the waistband (paragraph [0067] teaches “first fabric 102, second fabric 104, and/or mesh 110 may be sewn, stitched, or otherwise attached together at bottom portion 116,” where the lower edges of the inner (104) and outer (102) fabric layers are disposed at the bottom portion, as shown in annotated fig. 2) and a middle layer (108, 110, 112) positioned between the inner fabric layer and the outer fabric layer (fig. 2 shows the middle layer (108, 110, 112) positioned between the inner (104) and outer (102) fabric layers), the middle layer having a lower portion (see annotated Fig.) aligned with the lower edge of the inner fabric layer and the lower edge of the outer fabric layer, and an upper portion (see annotated Fig.) aligned with the upper edge of the outer fabric layer (annotated fig. 2 shows a lower portion of the middle layer aligned with the lower edges of the inner (104) and outer (102) fabric layers and an upper portion of the middle layer aligned with the upper edge of the outer fabric layer (102)). Peters et al. further teaches wherein the middle layer (108, 110, 112) comprises an adhesive (paragraph [0065] teaches “first adhesive layer 108 and second adhesive layer 112,” therein the middle layer clearly comprises an adhesive).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario to include the teachings of Peters et al. such that the middle layer comprises an adhesive so as to reduce and/or minimize gapping and separation between the inner and outer layers.
Regarding Claim 17, Mario teaches all of the limitations of the waistband of Claim 16, as discussed in the rejections above.
Mario does not teach wherein the adhesive comprises an adhesive pattern, the adhesive pattern creating two or more zones, each zone having a different module of elasticity.
Attention is drawn to Peters et al., which teaches an analogous article of apparel. Peters et al. teaches a waistband for a lower torso garment, the waistband comprising: a top circumferential edge (114) and a bottom circumferential edge (116) and an inner fabric layer (104) facing a body of the wearer and extending from the top circumferential edge to the bottom circumferential edge (fig. 2 shows the inner fabric layer (104) extending from the top circumferential edge to the bottom circumferential edge and being capable of facing the body of the wearer), the inner fabric layer have an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edges of the inner fabric layer); an outer fabric layer (102) having an upper edge (see annotated Fig.) and a lower edge (see annotated Fig.) (annotated fig. 2 shows the upper and lower edge of the outer fabric layer (102)), the lower edge connected to the lower edge of the inner fabric layer along the bottom circumferential edge of the waistband (paragraph [0067] teaches “first fabric 102, second fabric 104, and/or mesh 110 may be sewn, stitched, or otherwise attached together at bottom portion 116,” where the lower edges of the inner (104) and outer (102) fabric layers are disposed at the bottom portion, as shown in annotated fig. 2) and a middle layer (108, 110, 112) positioned between the inner fabric layer and the outer fabric layer (fig. 2 shows the middle layer (108, 110, 112) positioned between the inner (104) and outer (102) fabric layers), the middle layer having a lower portion (see annotated Fig.) aligned with the lower edge of the inner fabric layer and the lower edge of the outer fabric layer, and an upper portion (see annotated Fig.) aligned with the upper edge of the outer fabric layer (annotated fig. 2 shows a lower portion of the middle layer aligned with the lower edges of the inner (104) and outer (102) fabric layers and an upper portion of the middle layer aligned with the upper edge of the outer fabric layer (102)), wherein the middle layer (108, 110, 112) comprises an adhesive (108, 112) (paragraph [0065] teaches “first adhesive layer 108 and second adhesive layer 112,” therein the middle layer clearly comprises an adhesive). Peters et al. further teaches wherein the adhesive comprises an adhesive pattern, the adhesive pattern creating two or more zones, each zone having a different module of elasticity (fig. 2 shows the adhesive (108, 112) having a striped pattern, with a first zone having two layers of adhesive and a second zone having one layer of adhesive, the first zone clearly having a higher module of elasticity provided by two layers of adhesive as compared to the second zone).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario to include the teachings of Peters et al. such that the adhesive comprises an adhesive pattern, the adhesive pattern creating two or more zones, each zone having a different module of elasticity so as to provide a gradual compressive feeling along the height of the waistband, therein increasing wearer’s comfort.
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Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mario (US 2008/0078012) in view of Blythe (US 2021/0274856).
Regarding Claim 18, Mario teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above.
Mario does not teach wherein an outer face of the elastic band comprises a designed letter or letters, or a designed graphic or graphics.
Attention is drawn to Blythe, which teaches an analogous article of apparel. Blythe teaches a waistband (34) for a lower torso garment (10), the waistband comprising: a front portion (see annotated Fig.) for covering at least a portion of a pelvic area of a wearer, and a back portion (see annotated Fig.) for covering at least a portion of a lower back area of the wearer (annotated fig. 1 shows the front and back portions of the waistband being for covering a portion of a pelvic area and a lower back area, respectively, of a wearer), wherein the front portion and the back portion are connected together along two opposite sides to form a waistband torso opening (see annotated Fig.) with a top circumferential edge (see annotated Fig.) and a bottom circumferential edge (see annotated Fig.) (annotated fig. 1 shows the front and back portions being connected along two opposite sies to form a torso opening with a top and a bottom circumferential edge), each of the front portion and the back portion comprising: an elastic band (14, 16) having an upper edge, a lower edge and a width (paragraph [0026] teaches “waistband for shorts 10 and under band for sports bra 20, respectively, (hereinafter “waistband” and “elastic band” are used interchangeably” and paragraph [0035] teaches “The materials of the layers 14 and 16 include elastomeric yarns in an amount suitable for providing stretch and recovery along a radius of the waistband”; annotated fig. 1 shows the elastic band having an upper edge, a lower edge, and a width). Blythe further teaches wherein an outer face of the elastic band comprises a designed letter or letters, or a designed graphic or graphics (75) (paragraph [0026] teaches “Optional indicia, such as a brand name or “logo” 75 is integral with one or both of the outer surface layer 14 and inside skin facing surface layers 16. Reverse image 75′ of logo 75 appears on inside surface layer 16.”; fig. 1 shows the designed letters (75) on the outer face of the elastic band).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario with the teachings of Blythe such that an outer face of the elastic band comprises a designed letter or letters, or a designed graphic or graphics so as to add visual interest to the elastic band, improving the aesthetic appeal and allowing the waistband to be personalized to a wearer’s interests.
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Claim(s) 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mario (US 2008/0078012) in view of Tulin et al. (US 2014/0165265).
Regarding Claim 21, Mario teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above.
Mario does not teach explicitly wherein the inner fabric layer comprises a four-way stretchable fabric. However, Mario teaches wherein the inner fabric layer can be denim (paragraph [0024], “the first and second bands of fabric 20 and 22 are made out of denim and are therefore relatively wear-resistant.”).
Attention is drawn to Tulin et al., which teaches an analogous article of apparel. Tulin et al. teaches a four-way stretch denim (paragraph [0169], “the stretch denim fabric can stretch in multiple directions (e.g. four-way stretch in horizontal and vertical direction)”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario to include the teachings of Tulin et al. such that the inner fabric layer comprises a four-way stretchable fabric so as to allow the inner fabric layer to stretch and conform to the shape of the body (paragraph [0169], “the stretch denim fabric can stretch in multiple directions (e.g. four-way stretch in horizontal and vertical direction) across the body to conform to the shape of the body.”).
Regarding Claim 21, Mario teaches all of the limitations of the waistband of Claim 1, as discussed in the rejections above.
Mario does not teach wherein a shape of the bottom circumferential edge of the front portion is different than a shape of the bottom circumferential edge of the back portion.
Attention is drawn to Tulin et al., which teaches an analogous article of apparel. Tulin et al. teaches a waistband (see annotated Fig.) for a lower torso garment, the waistband comprising: a front portion (see annotated Fig.) configured for covering at least a portion of a pelvic area of a wearer, and a back portion (see annotated Fig.) configured for covering at least a portion of a lower back area of the wearer, wherein the front portion and the back portion are connected together along two opposite sides to form a waistband torso opening with a top circumferential edge (see annotated Fig.) and a bottom circumferential edge (see annotated Fig.) (annotated figs. 1A and 1B show the waistband having a front and a back portion, each configured respectively to cover a pelvic and lower back area of a wearer, the front and back portions being connected to form an opening with a top and a bottom circumferential edge). Tulin et al. further teaches wherein a shape of the bottom circumferential edge of the front portion is different than a shape of the bottom circumferential edge of the back portion (fig. 1A shows the shape of the bottom circumferential edge of the front portion is different than a bottom circumferential edge of the back portion, shown in fig. 1B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mario to include the teachings of Tulin et al. such that a shape of the bottom circumferential edge of the front portion is different than a shape of the bottom circumferential edge of the back portion as a wearer has a different body shape on the pelvic region than their lower back, therein different shaped bottom circumferential edges can better accommodate the wearer.
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Allowable Subject Matter
Claims 23-27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5, 11-13, 15-27 have been considered but are moot because the new ground of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations.
Regarding the 35 U.S.C. 102 of Claims 1 and 20, Applicant submits that Mario does not teach the inner fabric layer forming an inside surface and facing the wearer and the outer fabric layer and elastic band forming the outside surface and facing away from the wearer, as Mario does not contemplate wearing the garment inside out. Applicant points to Mario’s teaching of protecting the elastic strip during manufacturing (pg. 9 of remarks) and the figs. only showing the garment worn in one configuration (right side out). Examiner disagrees, and submits that when worn inside out, Mario teaches all of the limitations of Claim 1 as set forth above, and there is no express teaching away of the wearing of the waistband inside out. Examiner notes that “teaching away” includes criticizing, discrediting, or otherwise discouraging the claimed solution (MPEP 2141.02). This is not the case in the Mario reference. The manufacturing processes that Mario teaches that the elastic must be protected from (like stonewashing) are much harsher than wearing the garment day to day. Additionally, paragraph [0024] of Mario talks only about protecting the edges of the elastic band, which is achieved by their incasing in the inner and outer layers. Further, the lack of showing the garments in an inside out configuration does not teach away from their ability to be worn inside out. For at least these reasons, the 35 U.S.C. 102 over Mario of Claims 1 and 20, as well as their dependents, is maintained.
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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/HALEY A SMITH/Primary Examiner, Art Unit 3732