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 amendment filed 12/09/2025 includes changes to the claims. Claims 4, 10, and 19 have been cancelled. Claims 1, 5-6, 8, 11, 12, and 16 have been amended. They have been entered and considered.
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Vouyouka (US Patent 5570533) "Vouyouka", and further in view of Tulin (USPGPUB 20140165265) "Tulin".
Regarding claim 1, Vouyouka discloses in figure 1, a pattern assembly (Fig. 1) comprising: a single pattern (E or G) in a first size in a first grading (Column 1; Lines 19-21); a second size in a second grading (Column 1; Lines 19-21), wherein the first size in the first grading is different from the second size in the second grading (Column 1; Lines 19-34).
Vouyouka does not disclose a plurality of lower garments, a waistband portion, a hip portion, not the hip portion extending from the waistband portion, nor the pattern further comprising a junction line, the waistband portion transitioning into the hip portion along the junction line, the junction line including a slanted line.
Tulin teaches in figures 15A and 18, a plurality of lower garments (Fig. 15A), a waistband portion (“WAIST”), a hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”), nor the hip portion extending from the waistband portion (d3), and the pattern (Tulin; Fig. 4) includes a junction line (424), and the waistband portion (“WAIST”) transitions into the hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) along the junction line (424), the junction line including a slanted line (424).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s hip and waist portions and Tulin’s pattern with slanted junction line in Vouyouka’s pattern assembly with grading to allow for faster manufacturing of lower garments and ensure a better fit.
Regarding claim 2, Vouyouka and Tulin disclose the pattern assembly (Vouyouka; Fig. 1) of claim 1. Additionally, Vouyouka and Tulin disclose the pattern assembly includes: a first pattern (Tulin; [0019]; “first sizing classification”) comprising: a first waistband portion (“WAIST”) in the first size in the first grading (Vouyouka; Column 1; Lines 19-21); and a first hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) in a first size in the second grading (Vouyouka; Column 1; Lines 19-21); a second pattern (“second sizing classification”) comprising: a second waistband portion (“WAIST”) in a second size in the first grading (Vouyouka; Column 1; Lines 19-21); and a second hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) in the second size in the second grading (Vouyouka; Column 1; Lines 19-21); a third pattern (“third sizing classification”) comprising: a third waistband portion (“WAIST”) in the first size in the first grading (Vouyouka; Column 1; Lines 19-21); and a third hip (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) portion in the second size in the second grading ([0019]); and a fourth pattern (“fourth sizing classification”) comprising: a fourth waistband portion (“WAIST”) in the second size in the first grading (Vouyouka; Column 1; Lines 19-21); and a fourth hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) in the first size in the second grading (Vouyouka; Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s patterns with multiple sizes in Vouyouka’s pattern assembly with grading to provide a more customized fit within standard sizes.
Regarding claim 3, Vouyouka and Tulin disclose the pattern assembly of claim 1, and the hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) includes a crotch (Fig. 4; 420) in the second size in the second grading (Vouyouka; Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s hip portion with crotch in Vouyouka’s pattern assembly with grading to provide a more comfortable fit.
Claim 4 is cancelled.
Regarding claim 5, Vouyouka and Tulin disclose the pattern assembly of claim 1, and the first size in the first grading (Vouyouka; Column 1; Lines 19-21) is smaller than the second size in the second grading (Vouyouka; Column 1; Lines 19-21), and the waistband portion (“WAIST”) curves outwards toward the hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) along the junction line (424).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s waist and hip portions with predetermined sizes with Vouyouka’s pattern assembly with grading to ensure a more customized fit for each body measurement.
Regarding claim 6, Vouyouka and Tulin disclose the pattern assembly of claim 1, and the first size in the first grading (Vouyouka; Column 1; Lines 19-21) is greater than the second size in the second grading (Vouyouka; Column 1; Lines 19-21), and the waistband portion (Tulin; “WAIST”) curves inwards toward the hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) along the junction line (424).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s waist and hip portions with predetermined sizes with Vouyouka’s pattern assembly with grading to ensure a more customized fit for each body measurement.
Regarding claim 7, Vouyouka and Tulin disclose the pattern assembly of claim 1, and a hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) of a first size in the second grading (Vouyouka; Column 1; Lines 19-21) has a dissimilar contour from the hip portion of the second size in the second grading (Vouyouka; Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s waist and hip portions with predetermined sizes with Vouyouka’s pattern assembly with grading to ensure a more customized fit for different body measurements.
Claims 8-13, 16-19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Tulin, and further in view of Vouyouka.
Regarding claim 8, Tulin discloses a lower garment (300) comprising: at least one of a single pattern ([0088]) of the lower garment, the pattern comprising: a waistband portion (“WAIST”) in a first size ([0088]); and a hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) in a second size ([0088]), the hip portion extending from the waistband portion, the pattern ([0088]) further comprising a junction line (424), the waistband portion (“WAIST”) transitioning into the hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) along the junction line, the junction line including a slanted line.
Tulin does not disclose a first grading or a second grading.
Vouyouka teaches a first grading and a second grading (Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Vouyouka’s grading in Tulin’s first and second sizes to create a more customized fit.
Regarding claim 9, Tulin and Vouyouka disclose the lower garment (Tulin; 300) of claim 8, wherein the hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) includes a crotch (420) in the second size ([0088]) in the second grading (Vouyouka; Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s hip portion with crotch in Vouyouka’s pattern assembly with grading to provide a more comfortable fit.
Claim 10 is cancelled.
Regarding claim 11, Tulin and Vouyouka disclose the lower garment (Tulin; 300) of claim 8, wherein the first size (Tulin; [0088]) in the first grading is smaller than the second size (Tulin; [0088]) in the second grading (Vouyouka; Column 1; Lines 19-21), and the waistband portion (Tulin; “WAIST”) curves outwards toward the hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) along the junction line (424).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s waist and hip portions with predetermined sizes with Vouyouka’s pattern assembly with grading to ensure a more customized fit for each body measurement.
Regarding claim 12, Tulin and Vouyouka disclose the lower garment (Tulin; 300) of claim 8, wherein the first size (Tulin; [0088]) in the first grading (Vouyouka; Column 1; Lines 19-21) is greater than the second size (Tulin; [0088]) in the second grading (Vouyouka; Column 1; Lines 19-21), and the waistband portion (Tulin; “WAIST”) curves inwards toward the hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) along the junction line (424).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s waist and hip portions with predetermined sizes with Vouyouka’s pattern assembly with grading to ensure a more customized fit for each body measurement.
Regarding claim 13, Tulin and Vouyouka disclose the lower garment (Tulin; 300) of claim 8, wherein a hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) of a first size (Tulin; [0088]) in the second grading (Vouyouka; Column 1; Lines 19-21) has a dissimilar contour from the hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) of the second size (Tulin; [0088]) in the second grading (Vouyouka; Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s waist and hip portions with predetermined sizes with Vouyouka’s pattern assembly with grading to ensure a more customized fit for different body measurements.
Regarding claim 16, Tulin discloses a method of manufacturing a lower garment, including: a waistband portion (“WAIST”) in a first size ([0088]) and a hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) in a second size ([0088]) the hip portion extending from the waistband portion, wherein the first size ([0088]) is different from the second size ([0088]), the pattern (Fig. 4) further including a junction line (424), and the waistband portion (“WAIST”) transitions into the hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) along the junction line (424), the junction line including a slanted line (424), providing a fabric (215); cutting the fabric along the pattern; and assembling the fabric into the one of the plurality of lower garments (220).
Tulin does not disclose providing a single pattern assembly, nor a first and second grading.
Vouyouka teaches a single pattern assembly (Fig. 1) and a first and second grading (Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Vouyouka’s single pattern assembly and first and second grading in Tulin’s method of manufacturing a lower garment to ensure enough size options are manufactured for more body types and sizes.
Regarding claim 17, Tulin and Vouyouka disclose the method of claim 16. Additionally, Tulin and Vouyouka disclose the pattern assembly (Vouyouka; Fig. 1) includes: a first pattern (Vouyouka; Fig. 1) including: a first waistband portion (“WAIST”) in the first size in the first grading (Vouyouka; Column 1; Lines 19-21); and a first hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) in a first size in the second grading (Vouyouka; Column 1; Lines 19-21); a second pattern (“second sizing classification”) including: a second waistband portion (“WAIST”) in a second size in the first grading (Vouyouka; Column 1; Lines 19-21); and a second hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) in the second size in the second grading (Vouyouka; Column 1; Lines 19-21); a third pattern (“third sizing classification”) including: a third waistband portion (“WAIST”) in the first size in the first grading (Vouyouka; Column 1; Lines 19-21); and a third hip (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) portion in the second size in the second grading ([0019]); and a fourth pattern (“fourth sizing classification”) including: a fourth waistband portion (“WAIST”) in the second size in the first grading (Vouyouka; Column 1; Lines 19-21); and a fourth hip portion (“HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) in the first size in the second grading (Vouyouka; Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s patterns with multiple sizes in Vouyouka’s pattern assembly with grading to provide a more customized fit within standard sizes.
Regarding claim 18, Tulin and Vouyouka disclose the method of claim 16, wherein the hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) includes a crotch (Tulin; 420) in the second size (Tulin; [0088]) in the second grading (Vouyouka; Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s hip portion with crotch in Vouyouka’s pattern assembly with grading to provide a more comfortable fit.
Claim 19 is cancelled.
Regarding claim 21, Tulin and Vouyouka disclose the method of claim 16, wherein a hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) of a first size (Tulin; [0088]) in the second grading (Vouyouka; Column 1; Lines 19-21) has a dissimilar contour from the hip portion (Tulin; “HIGH HIGH HIP”, “HIGH HIP”, “SEAT/LOW HIP”) of the second size (Tulin; [0088]) in the second grading (Vouyouka; Column 1; Lines 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Tulin’s waist and hip portions with predetermined sizes with Vouyouka’s pattern assembly with grading to ensure a more customized fit for different body measurements.
Claims 14, 15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Vouyouka, and further in view of Tulin and Caden (USPGPUB 20160361190) “Caden”.
Regarding claim 14, Tulin and Vouyouka disclose the lower garment (Tulin; 300) of claim 8, but do not disclose it being fabricated with a bamboo modal fabric.
Caden teaches a bamboo modal fabric ([0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Caden’s bamboo modal fabric in Tulin and Vouyouka’s lower garment, improving the comfort of the garment.
Regarding claim 15, Tulin and Vouyouka disclose the lower garment (Tulin; 300) of claim 8, but do not teach an undergarment.
Caden teaches and undergarment (Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date that Tulin and Vouyouka’s pattern assembly can be utilized in manufacturing multiple types of lower garments, including Caden’s undergarment.
Regarding claim 20, Tulin and Vouyouka disclose the method of claim 16, but do not disclose providing a bamboo modal fabric.
Caden teaches a bamboo modal fabric ([0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Caden’s bamboo modal fabric in Tulin and Vouyouka’s method, improving the comfort of the garment.
Conclusion
THIS ACTION IS MADE FINAL. 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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/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855