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 August 25, 2025, claims 1 and 6 have been amended. Claim 8 is new. Accordingly, claims 1-8 are currently pending in this application.
Response to Amendment
The amendments filed with the written response received on August 25, 2025, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated May 23, 2025, are hereby withdrawn unless specifically noted below.
Specification – Disclosure
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “wherein the underband and the rotated D-shape are configured to support the user’s breasts without independently formed cup elements” as recited in claim 8 at lines 5-7. See rejection under 112(a) below for additional discussion.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 8 recites the limitation “wherein the underband and the rotated D-shape are configured to support the user’s breasts without independently formed cup elements” at lines 5-7. This negative limitation was not described in the specification as originally filed. Examiner notes that although an embodiment wherein the cups are absent from the bra shirt, wherein the underband and back straps provide structure to the garment so that the wearer’s breasts are supported was disclosed in the application as originally filed, the application as originally filed does not disclosure the claimed structure providing support “without independently formed cup elements”. Therefore, the limitation constitutes new subject matter and should be removed from the claims. In order to overcome this rejection, it is suggested that this limitation be removed from the claim.
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.
Claim 8 is 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 8 recites the limitation “a first height at its center” at lines 3. It is unclear to which structure “its” is meant to refer, as several structures were previously introduced in the claim. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “a first height at a center of the cup panel”. 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 1-2, and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Korean application publication KR20220101803 to Lee (hereinafter, “Lee”) in view of Australian application AU2019100688 to Zontos (hereinafter, “Zontos”).
Regarding claim 1, Lee teaches a garment having sleeves extending from a torso portion of the garment (See Lee, Fig. 1; shirt having sleeves (120) extending from body (130)), the torso portion having a chest portion, a back portion, and a neckline (See Lee, Figs. 1 ,3; body (130) includes front chest portion, back portion, and neckline 110); 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 garment having an interior surface with a built-in bra affixed to the interior surface, the built-in bra extending laterally across the chest portion, under the sleeves, and across the back portion (See Lee, Figs. 1-3; breast cover (200) affixed to interior surface of shirt and extending across chest portion, under sleeves, and across back portion), the built-in bra comprising: an underband encircling the torso portion (See Lee, Figs. 1-3; end (203) and rear part (220) form underband encircling torso potion), having a base that extends horizontally across the back portion and extending to the neckline (See Lee, Figs. 1-3; underband includes rear part (220) that extends horizontally across the back portion and extends to the neckline (110)); wherein the garment further comprises shoulders defined entirely by the torso portion (See Lee, Fig. 1; breast cover (200) is coupled at neckline (110) and absent at shoulders of shirt); and wherein the underband and a rear support structure are configured to provide breast support (See Lee, Figs. 1-3; underband and rear part (220) are capable of providing at least some support to a hypothetical user’s breasts; [0044]).
That said, Lee is silent to the underband branching to form a rotated D-shape and extending in a convex semicircle; wherein the convex semicircle meets at a central point at the neckline to define the rear support structure.
However, Zontos, in a related integrated bra garment art, is directed to a torso covering garment having a sports bra incorporated therein (See Lee, Figs. 1-3; abstract). More specifically, Zontos teaches underband branching to form a rotated D-shape and extending in a convex semicircle (See Zontos, Figs. 3; sports bra includes underband having a rear part with a central opening, wherein as a result of the opening, the underband branches to form a rotated D-shape, inasmuch as Applicant’s garment forms a rotated D-shape, said rotated D-shape having a horizontal base and a convex semicircle).
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 a similarly shaped opening through the rear part of the underband of Lee as the one disclosed by Zontos, thereby forming a similar rotated D-shape and convex semicircle, for a variety of reasons including for example, but not limited to, reducing an amount of material required to form the garment and/or providing additional ventilation for a wearer wearing the garment. Furthermore, as a result of the above modification, the modified garment of Lee (i.e., Lee in view of Zontos, as discussed above) would further teach wherein the convex semicircle meets at a central point at the neckline to define the rear support structure (See Lee, Figs. 1-3; as the rear part (220) of the underband of Lee already extends up to a central point at the neckline, the now modified rear part having the opening disclosed by Zontos and thereby creating the convex semicircle would similarly meet at the central point at the neckline to define the rear support structure inasmuch as Applicant’s rotated D-shape structure and convex semicircle).
Regarding claim 2, the modified garment of Lee (i.e., Lee in view of Zontos, as discussed with respect to claim 1 above) further teaches a cup panel configured to cradle a user's breasts, wherein the underband is joined to a base of the cup panel (See Lee, Figs. 1-3; protective pads (230) are capable of cradling a user’s breasts; a base of protective pads (230) are joined at least indirectly to underband).
Regarding claim 5, although Lee teaches that the breast cover (200) is coupled to the neckline (110), Lee is silent to the type of coupling. Therefore, the modified garment of Lee (i.e., Lee in view of Zontos, as discussed with respect to claim 1 above) is silent to wherein the built-in bra is stitched to the interior surface of the garment.
However, Zontos further teaches wherein the built-in bra is stitched to the interior surface of the garment (See Zontos, abstract; sports bra is coupled via sewing into garment).
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 use sewing to couple the breast cover to the interior of the modified garment of Lee as disclosed by Zontos, as sewing is a long known and well-understood method of attaching garment pieces to one another.
Regarding claim 6, the modified garment of Lee (i.e., Lee in view of Zontos, as discussed with respect to claim 1 above) further teaches wherein the underband and the rotated D-shape are configured to support a user’s breasts without separate cup elements (underband and the rotated D-shaped rear part of the modified garment of Lee as discussed above are capable of providing at least some support to a hypothetical user’s breasts without separate cup elements; See Lee, [0044]).
Regarding claim 7, the modified garment of Lee (i.e., Lee in view of Zontos, as discussed with respect to claim 1 above) further teaches wherein the underband has a continuous circumference (See Lee, Figs. 1-3; underband (203, 220) forms continuous circumference at bottom of breast cover (200)).
Claims 3-4 and 8 (claim 8 as best can be understood) are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Zontos (as applied to claims 1-2 above with respect to claims 3-4, and as applied to claim 1 above with respect to claim 8), and further in view of USPN 10,743,591 to Cavosie (hereinafter, “Cavosie”).
Regarding claim 3, the modified garment of Lee (i.e., Lee in view of Zontos, as discussed with respect to claims 1-2 above) teaches two separate protective pads (230) but is silent wherein the cup panel has two cups joined at a center of the chest portion.
However, Cavosie, in a related integrated bra garment art, is directed to a brassiere having a built-in shaping, lifting, and support system (See Cavosie, Figs. 1-3; abstract). More specifically, Cavosie teaches wherein the cup panel has two cups joined at a center of the chest portion (See Cavosie, Fig. 3; interior support layer (24) may be formed as a single piece wherein cups are joined at a center; Col. 10, lines 52-67).
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 protective pads of the modified garment of Lee as one piece joined at the center as disclosed by Cavosie for a variety of reasons including for example, but not limited to, aesthetic reasons for providing a smooth and desired overall appearance to the garment and bra combination (See Cavosie, Col. 9, lines 49-55), and further since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. See MPEP 2144.04(V)(B).
Regarding claim 4, the modified garment of Lee (i.e., Lee in view of Zontos, as discussed with respect to claims 1-2 above) teaches two separate protective pads (230) but is silent to wherein the cup panel is formed as one piece with a first height at a center of the cup panel, the cup panel flaring to a second height in each lateral direction, wherein the second height is greater than the first height.
However, Cavosie, in a related integrated bra garment art, is directed to a brassiere having a built-in shaping, lifting, and support system (See Cavosie, Figs. 1-3; abstract). More specifically, Cavosie teaches wherein the cup panel is formed as one piece with a first height at a center of the cup panel, the cup panel flaring to a second height in each lateral direction, wherein the second height is greater than the first height (See Cavosie, Fig. 3; interior support layer (24) may be formed as a single piece wherein cups are joined at a center having a first height with a second, greater height flaring outward from the center; Col. 10, lines 52-67).
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 protective pads of the modified garment of Lee as one piece joined at the center and flaring outward as disclosed by Cavosie for a variety of reasons including for example, but not limited to, aesthetic reasons for providing a smooth and desired overall appearance to the garment and bra combination (See Cavosie, Col. 9, lines 49-55), and further since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. See MPEP 2144.04(V)(B).
Regarding claim 8, the modified garment of Lee (i.e., Lee in view of Zontos, as discussed with respect to claim 1 above) further teaches wherein the underband and the rotated D-shape are configured to support the user's breasts without independently formed cup elements (underband and rotated D-shaped rear part of the modified garment of Lee as discussed above are capable of providing at least some support to a hypothetical user’s breasts without some hypothetical independently formed cup elements; See Lee, [0044]).
That said, the modified garment of Lee teaches two separate protective pads (230) but is silent to a unitary cup panel configured to cradle a user's breasts, wherein the underband is joined to a base of the cup panel, wherein the cup panel exhibits a first height at its center, the cup panel flaring to a second height in each lateral direction to form a left cup and a right cup, wherein the second height is greater than the first height.
However, Cavosie, in a related integrated bra garment art, is directed to a brassiere having a built-in shaping, lifting, and support system (See Cavosie, Figs. 1-3; abstract). More specifically, Cavosie teaches a unitary cup panel configured to cradle a user's breasts (See Cavosie, Fig. 3; interior support layer (24) may be formed as a single piece wherein cups are joined at a center; Col. 10, lines 52-67), wherein the underband is joined to a base of the cup panel (See Cavosie, Fig. 3; base of support layer (24) is joined at least indirectly to support band (4)), wherein the cup panel exhibits a first height at its center, the cup panel flaring to a second height in each lateral direction to form a left cup and a right cup, wherein the second height is greater than the first height (See Cavosie, Fig. 3; support layer (24) may be formed as a single piece wherein cups are joined at a center having a first height with a second, greater height flaring outward from the center to form left and right cups; Col. 10, lines 52-67).
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 protective pads of the modified garment of Lee as one piece joined at the center as disclosed by Cavosie for a variety of reasons including for example, but not limited to, aesthetic reasons for providing a smooth and desired overall appearance to the garment and bra combination (See Cavosie, Col. 9, lines 49-55), and further since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. See MPEP 2144.04(V)(B).
Response to Arguments
Applicant's arguments filed August 25, 2025 have been fully considered but they are not persuasive.
In response to Applicant's argument that Zontos is nonanalogous art to the claimed invention, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, as discussed in the current grounds of rejection above, the claimed invention and Zontos are both directed to upper body garments having integrated bra support for a user’s breasts. Indeed, Applicant describes the claimed invention as “everyday women’s undergarment with integrated support”. Similarly, Zontos is directed to a top having an integrated sports bra structure (See Zontos, Figs. 1-4; entire page 6). Additionally, Zontos is also reasonably pertinent to the problem faced by the inventor which Applicant states as the need for a comfortable bra attached to a shirt that is easy to don and doff (See Specification, page 1, lines 5-14). Similarly, Zontos is directed to the problem of incorporating a supportive sports bra into a sports top so that it is comfortable for the wearer (See Zontos, entire page 6). Therefore, for at least these reasons, Zontos and the claimed invention are considered analogous art.
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.
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
/JAMESON D COLLIER/Primary Examiner, Art Unit 3732