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
1. The amendment filed 09/15/2025 has been entered. Currently, claims 1-20 remain pending in the application. Independent claims 1 and 18 were amended by the Applicant without the addition of new matter to include further narrowing limitations.
Response to Arguments
2. Applicant’s amendment to independent claims 1 and 18 is sufficient to overcome the previous 35 USC § 102 and 103 rejection recited in the Non-Final Office Action mailed 06/16/2025.
Applicant’s arguments, see Remarks on Page 7, filed 09/15/2025, with respect to the rejection under 35 USC § 102 and 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, the amended claims have changed the scope of the claims and upon further consideration, a new grounds of rejection is made in view of new and current prior art of the record: Ota et al. (WO 2004091328 A1) ; Yang (U.S. Patent Pub. No. 20130160189) ; Schwartz et al. (U.S. Patent No. 6159070) ; Drynan (U.S. Patent Pub. No. 20170347720); Raboin et al. (EP 1588638 A1); and Bye et al. (U.S. Patent Pub. No. 20150313295 ).
3. Overall, Examiner notes that Applicant may overcome the rejection below by potentially amending the claims to include positive limitations such as --a material of latex or rubber for the elastomeric straps—and/or –the strap 8 is on top over strap 21 at the cross at the back then also the top strap over strap 13 at the side hip and then strap 8 is also the top strap at the cross at the crotch—as shown in Figures 1a-1b; negative limitations such as –not—and –without—to distinguish from the prior art, such as patterns the prior art has of wrapping around the legs and arms in which Applicant’s strap doesn’t wrap around in the same way; and/or transitional phrases such as –consisting/consisting essentially of—in the preamble/body to prevent possible combinations.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “tensioning devices” in claim 4; “attachment structure” in claim 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Phrases such as “devices” followed by functional language is a generic placeholder for the phrase “means for”. For examination purposes, “tensioning devices” in claim 4 is interpreted as clips (Specification, Paragraphs 70-71); “attachment structure” in claim 17 is interpreted as stitching (Specification, Paragraph 65).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 10, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ota et al. (WO 2004091328 A1).
Regarding claim 1, Ota discloses a garment (Page 12/91, Paragraph 4, Page 18/91, Paragraph 2, Page 21/91, Paragraph 4, and Figures 9A-9B, garment for upper and lower body comprising a fabric form fitting pants/shirt/spat with tightening support portions 2a,d,f,g that extends under crotch. Tightening support portions 2a,d,f,g made of fabric elastic band knitted superimposed and knitted on exterior surface of pants/shirt/spat clothing)for supporting posture of an individual, the garment comprising: a form-fitting portion comprising an upper body section and a lower body section each having an interior surface area and an exterior surface area; an extra fabric layer 2 comprising a support structure 2 comprising an elastomeric band body 2, the support structure 2 affixed to the exterior surface area of the form-fitting portion and positioned on an upper body section and a lower body section of the form-fitting portion.
Regarding claim 10, Ota discloses the invention as described above and further discloses wherein the elastomeric band body2 (Page 12/91, Paragraph 4, Page 18/91, Paragraph 2, Page 21/91, Paragraph 4, and Figures 9A-9B, garment for upper and lower body comprising a fabric form fitting pants/shirt/spat with tightening support portions 2a,d,f,g that extends under crotch. Tightening support portions 2a,d,f,g made of fabric elastic band knitted superimposed and knitted on exterior surface of pants/shirt/spat clothing) is formed of an elastomeric fabric.
Regarding claim 18, Ota discloses a method of forming a garment (Page 12/91, Paragraph 4, Page 18/91, Paragraph 2, Page 21/91, Paragraph 4, and Figures 9A-9B, garment for upper and lower body comprising a fabric form fitting pants/shirt/spat with tightening support portions 2a,d,f,g that extends under crotch. Tightening support portions 2a,d,f,g made of fabric elastic band knitted superimposed and knitted on exterior surface of pants/shirt/spat clothing) for supporting posture of an individual, comprising, providing a form-fitting portion comprising an upper body section and a lower body section, each of the upper body section and the lower body section having an interior surface area and an exterior surface area; and affixing an extra fabric layer 2 comprising a support structure 2 to the exterior surface area of the form-fitting portion, the support structure 2 comprising an elastomeric band body and is positioned on an upper body section and a lower body section of the form-fitting portion.
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 2-3, 5-6, 8, 11, 13-16, and 19-20 is rejected under 35 U.S.C. 103 as being unpatentable over Ota et al. (WO 2004091328 A1), as applied to claims 1 and 18, respectively, in view of Yang (U.S. Patent Pub. No. 20130160189).
Regarding claim 2, Ota discloses the invention as described above but fails to explicitly disclose wherein the support structure extends from a shoulder section of the form-fitting portion to a pair of foot sections of the form- fitting portion.
Yang teaches an analogous garment 1, 10 (Paragraphs 10 and 37 and Figures 1-2, garment form fitting tights with upper body section 1 and lower body section 10 having elastic support structure) wherein a similar support structure (Paragraph 37 and Figures 1-2, elastic looped silicon/urethane band on exterior surface of tights on upper 1 and lower 10 sections) with an analogous elastomeric band body extends from a shoulder section (Paragraph 37 and Figures 1-2, shoulder to foot elastic support) of the analogous form-fitting portion to a pair of foot sections (Paragraph 37 and Figures 1-2) of the analogous form- fitting portion.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a pattern of the elastomeric band support structure of Ota, so that the support structure extends from a shoulder section of the form-fitting portion to a pair of foot sections of the form- fitting portion, as taught by Yang, in order to provide an improved garment with an enhanced support structure pattern wrapping around the user at the shoulders, back, obliques, crotch and legs for desirable full upper and lower support, especially during body rotations (Yang, Paragraphs 10 and 37).
Regarding claim 3, Ota discloses the invention as described above but fails to explicitly disclose wherein the support structure at least partially wraps around a first upper appendage section, a second upper appendage section, a first lower appendage section, and a second lower appendage section.
Yang teaches an analogous garment 1, 10 (Paragraphs 10 and 37 and Figures 1-2, garment form fitting tights with upper body section 1 and lower body section 10 having elastic support structure) wherein a similar support structure (Paragraph 37 and Figures 1-2, elastic looped silicon/urethane band on exterior surface of tights on upper 1 and lower 10 sections) with an analogous elastomeric band body at least partially wraps (Paragraph 37 and Figures 1-2, shoulder to foot elastic wrapping at both arm and legs) around a first upper appendage section, a second upper appendage section, a first lower appendage section, and a second lower appendage section.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a pattern of the elastomeric band support structure of Ota, so that the support structure at least partially wraps around a first upper appendage section, a second upper appendage section, a first lower appendage section, and a second lower appendage section, as taught by Yang, in order to provide an improved garment with an enhanced support structure pattern wrapping around the user at the shoulders, back, obliques, crotch and legs for desirable full upper and lower support, especially during body rotations (Yang, Paragraphs 10 and 37).
Regarding claim 5, the combination of Ota in view of Yang discloses the invention as described above and further discloses wherein the support structure (Yang, Paragraph 37 and Figures 1-2, shoulder to foot elastic loop wrapping at left and right arms and legs) wraps around a first upper appendage section and a first lower appendage section in a first loop configuration and wraps around a second upper appendage section and a second lower appendage section in a second loop configuration.
Regarding claim 6, the combination of Ota in view of Yang discloses the invention as described above and further discloses wherein the first loop (see Annotated Figures 1-2 of Yang below, first loop) configuration wraps around the first upper appendage section, extends across a back section of the form-fitting portion, and wraps around a first diagonally opposing (Yang, Paragraphs 10 and 37 and see Annotated Figures 1-2 of Yang below, support bands comprising first elastic segment extending medial at upper body section 1 from right shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on left leg. The second elastic segment extending medial at upper body section 1 from left shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on right leg. Thereby, providing force profile from shoulders, back, hip, and legs) lower appendage section of the first lower appendage section and the second lower appendage section, further wherein the second loop (see Annotated Figures 1-2 of Yang below, second loop) configuration wraps around the second upper appendage section, extends across the back section of the form-fitting portion, and wraps around a second diagonally opposing lower appendage section of the first lower appendage section and the second lower appendage section.
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Regarding claim 8, the combination of Ota in view of Yang discloses the invention as described above and further discloses wherein the first loop (see Annotated Figures 1-2 of Yang below, first loop and second loop provide hip support movement) configuration and the second loop (see Annotated Figures 1-2 of Yang below) configuration are configured to propagate movement in a lower hip region of an individual when the individual is wearing the garment.
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Regarding claim 11, Ota discloses the invention as described above but fails to explicitly disclose wherein the support structure comprises a first elastomeric segment extending medially from a first side of a shoulder section of the upper body section through a crotch portion of the lower body section and a second elastomeric segment extending medially from a second side of the shoulder section of the upper body section through the crotch portion of the lower body section.
Yang teaches an analogous garment 1, 10 (Paragraphs 10 and 37 and Figures 1-2, garment form fitting tights with upper body section 1 and lower body section 10 having elastic support structure) wherein a similar support structure (Paragraph 37 and Figures 1-2, elastic looped silicon/urethane band on exterior surface of tights on upper 1 and lower 10 sections) with an analogous elastomeric band body comprises a first elastomeric segment (Paragraphs 10 and 37 and Figures 1-2, support bands comprising first elastic segment extending medial at upper body section 1 from shoulder area through a crotch portion of lower section 10 and second elastic segment extending medial at upper body section 1 from shoulder area through a crotch portion of lower section 10) extending medially from a first side of a shoulder section of the analogous upper body section through a crotch portion of the analogous lower body section and a second elastomeric segment extending medially from a second side of the shoulder section of the analogous upper body section through the crotch portion of the analogous lower body section.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a pattern of the elastomeric band support structure of Ota, so that the support structure comprises a first elastomeric segment extending medially from a first side of a shoulder section of the upper body section through a crotch portion of the lower body section and a second elastomeric segment extending medially from a second side of the shoulder section of the upper body section through the crotch portion of the lower body section, as taught by Yang, in order to provide an improved garment with an enhanced support structure pattern wrapping around the user at the shoulders, back, obliques, crotch and legs for desirable full upper and lower support, especially during body rotations (Yang, Paragraphs 10 and 37).
Regarding claim 13, the combination of Ota in view of Yang discloses the invention as described above and further discloses wherein the first elastomeric segment (Paragraphs 10 and 37 and see Annotated Figures 1-2 of Yang below, support bands comprising first elastic segment extending medial at upper body section 1 from right shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on left leg. The second elastic segment extending medial at upper body section 1 from left shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on right leg. Thereby, providing force profile from shoulders, back, hip, and legs) further extends in a spiral configuration along a first lower appendage section of the form-fitting portion and the second elastomeric segment further extends in a spiral configuration along a second lower appendage section of the form-fitting portion, further wherein the first elastomeric segment and the second elastomeric segment are configured to internally rotate hips of an individual, to hold the individual's back upright, and to pull the individual's shoulders back when the individual is wearing the garment.
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Regarding claim 14, the combination of Ota in view of Yang discloses the invention as described above and further discloses wherein each of the first elastomeric segment (Paragraphs 10 and 37 and see Annotated Figures 1-2 of Yang below, support bands comprising first elastic segment extending medial at upper body section 1 from right shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on left leg to then terminate at a wraparound at left foot instep. The second elastic segment extending medial at upper body section 1 from left shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on right leg to then terminate at a wraparound at right foot instep. Thereby, providing force profile from shoulders, back, hip, and legs) and the second elastomeric segment terminate at a respective one of a first loop end and a second loop end, each of the first loop end and the second loop end configured to wrap around a respective one of a first foot and a second foot of an individual to lift mid-arches of the first foot and second foot when an individual is wearing the garment.
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Regarding claim 15, the combination of Ota in view of Yang discloses the invention as described above and further discloses wherein the first elastomeric segment (Paragraphs 10 and 37 and see Annotated Figures 1-2 of Yang below, support bands comprising first elastic segment extending medial at upper body section 1 from right shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on left leg to then terminate at a wraparound at left foot instep. The second elastic segment extending medial at upper body section 1 from left shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on right leg to then terminate at a wraparound at right foot instep. Thereby, providing force profile from shoulders, back, hip, and legs) and the second elastomeric segment cross one another at a convergence point at the crotch portion and extend laterally away from the convergence point along respective first and second lower appendage sections, further wherein the first elastomeric segment and the second elastomeric segment are configured to internally rotate hips of an individual, to hold the individual's back upright, and to pull the individual's shoulders back when the individual is wearing the garment.
Regarding claim 16, Ota discloses the invention as described above but fails to explicitly disclose wherein the support structure comprises a first elastomeric segment wrapping around a front portion of a first upper appendage section, extending across an upper back section, and extending medially toward a midline of the garment, further wherein the support structure comprises a second elastomeric segment wrapping around a front portion of a second upper appendage section, extending across the upper back section, and extending medially toward the midline of the garment.
Yang teaches an analogous garment 1, 10 (Paragraphs 10 and 37 and Figures 1-2, garment form fitting tights with upper body section 1 and lower body section 10 having elastic support structure) wherein a similar support structure (Paragraph 37 and Figures 1-2, elastic looped silicon/urethane band on exterior surface of tights on upper 1 and lower 10 sections) with the analogous elastomeric band body comprises a first elastomeric segment (Paragraphs 10 and 37 and Figures 1-2, support bands comprising first elastic segment extending medial at upper body section 1 from shoulder area through a crotch portion of lower section 10 and second elastic segment extending medial at upper body section 1 from shoulder area through a crotch portion of lower section 10) wrapping around a front portion of a first upper appendage section, extending across an upper back section, and extending medially toward a midline of the analogous garment, further wherein the similar support structure with the analogous elastomeric band body comprises a second elastomeric segment wrapping around a front portion of a second upper appendage section, extending across the upper back section, and extending medially toward the midline of the analogous garment.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a pattern of the elastomeric band support structure of Ota, so that the support structure comprises a first elastomeric segment wrapping around a front portion of a first upper appendage section, extending across an upper back section, and extending medially toward a midline of the garment, further wherein the support structure comprises a second elastomeric segment wrapping around a front portion of a second upper appendage section, extending across the upper back section, and extending medially toward the midline of the garment, as taught by Yang, in order to provide an improved garment with an enhanced support structure pattern wrapping around the user at the shoulders, back, obliques, crotch and legs for desirable full upper and lower support, especially during body rotations (Yang, Paragraphs 10 and 37).
Regarding claim 19, Ota discloses the invention as described above but fails to explicitly disclose wherein the affixing further comprises: affixing a first loop configuration of the support structure around a first upper appendage section of the form-fitting portion, across a back section of the form-fitting portion, and around a first diagonally opposing lower appendage section of the form fitting portion; and affixing a second loop configuration around a second upper appendage section of the form-fitting portion, across the back section of the form-fitting portion, and around a second diagonally opposing lower appendage section of the form-fitting portion.
Yang teaches an analogous garment 1, 10 (Paragraphs 10 and 37 and Figures 1-2, garment form fitting tights with upper body section 1 and lower body section 10 having elastic support structure) with affixing a first loop (see Annotated Figures 1-2 of Yang below, first loop) configuration of a similar support structure (Paragraph 37 and Figures 1-2, elastic looped silicon/urethane band on exterior surface of tights on upper 1 and lower 10 sections) with the analogous elastomeric band body around a first upper appendage section of the analogous form-fitting portion, across a back section of the analogous form-fitting portion, and around a first diagonally opposing (Paragraphs 10 and 37 and see Annotated Figures 1-2 of Yang below, support bands comprising first elastic segment extending medial at upper body section 1 from right shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on left leg. The second elastic segment extending medial at upper body section 1 from left shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on right leg. Thereby, providing force profile from shoulders, back, hip, and legs) lower appendage section of the analogous form fitting portion; and affixing a second loop (see Annotated Figures 1-2 of Yang below, second loop) configuration around a second upper appendage section of the analogous form-fitting portion, across the analogous back section of the analogous form-fitting portion, and around a second diagonally opposing lower appendage section of the analogous form-fitting portion.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a pattern of the affixed elastomeric band support structure of Ota, so that there is an affixed first loop configuration of the support structure around a first upper appendage section of the form-fitting portion, across a back section of the form-fitting portion, and around a first diagonally opposing lower appendage section of the form fitting portion; and affixing a second loop configuration around a second upper appendage section of the form-fitting portion, across the back section of the form-fitting portion, and around a second diagonally opposing lower appendage section of the form-fitting portion, as taught by Yang, in order to provide an improved garment with an enhanced support structure pattern wrapping around the user at the shoulders, back, obliques, crotch and legs for desirable full upper and lower support, especially during body rotations (Yang, Paragraphs 10 and 37).
Regarding claim 20, Ota discloses the invention as described above but fails to explicitly disclose wherein the affixing further comprises: affixing a first elastomeric segment extending medially from a first side of a shoulder section of the upper body section, through a crotch portion of the lower body section, and along a first lower appendage section of the lower body section in a spiral configuration; and affixing a second elastomeric segment extending medially from a second side of the shoulder section of the upper body section, through the crotch portion of the lower body section, and along a second lower appendage section of the lower body section in a spiral configuration; wherein the first elastomeric segment and the second elastomeric segment are configured to internally rotate hips of an individual, to hold the individual's back upright, and to pull the individual's shoulders back when the individual is wearing the garment.
Yang teaches an analogous garment 1, 10 (Paragraphs 10 and 37 and Figures 1-2, garment form fitting tights with upper body section 1 and lower body section 10 having elastic support structure) comprising the analogous elastomeric band body (Paragraph 37 and Figures 1-2, elastic looped silicon/urethane band on exterior surface of tights on upper 1 and lower 10 sections) with affixing a first elastomeric segment (Paragraphs 10 and 37 and see Annotated Figures 1-2 of Yang below, support bands comprising first elastic segment extending medial at upper body section 1 from right shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on left leg. The second elastic segment extending medial at upper body section 1 from left shoulder area through a crotch portion of lower section 10 and then in spiral direction inferiorly on right leg. Thereby, providing force profile from shoulders, back, hip, and legs) extending medially from a first side of a shoulder section of the analogous upper body section, through a crotch portion of the analogous lower body section, and along a first lower appendage section of the lower body section in a spiral configuration; and affixing a second elastomeric segment extending medially from a second side of the shoulder section of the analogous upper body section, through the crotch portion of the lower body section, and along a second lower appendage section of the lower body section in a spiral configuration; wherein the first elastomeric segment and the second elastomeric segment are configured to internally rotate hips of an individual, to hold the individual's back upright, and to pull the individual's shoulders back when the individual is wearing the garment.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a pattern of the affixed elastomeric band support structure of Ota, so that there is an affixed first elastomeric segment extending medially from a first side of a shoulder section of the upper body section, through a crotch portion of the lower body section, and along a first lower appendage section of the lower body section in a spiral configuration; and affixing a second elastomeric segment extending medially from a second side of the shoulder section of the upper body section, through the crotch portion of the lower body section, and along a second lower appendage section of the lower body section in a spiral configuration; wherein the first elastomeric segment and the second elastomeric segment are configured to internally rotate hips of an individual, to hold the individual's back upright, and to pull the individual's shoulders back when the individual is wearing the garment, as taught by Yang, in order to provide an improved garment with an enhanced support structure pattern wrapping around the user at the shoulders, back, obliques, crotch and legs for desirable full upper and lower support, especially during body rotations (Yang, Paragraphs 10 and 37).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ota et al. (WO 2004091328 A1), as applied to claim 1, in view of Drynan (U.S. Patent Pub. No. 20170347720 ).
Regarding claim 4, Ota discloses the invention as described above but fails to explicitly disclose wherein the support structure comprises a pair of tensioning devices each positioned along a respective one of the first upper appendage section and the second upper appendage section, the pair of tensioning devices configured to perform at least one of increasing and decreasing tension applied to an individual's body when the garment is worn by an individual.
Drynan teaches an analogous support structure 120a,120b (Paragraph 67 and Figure 3, support elastic straps 120a,120b that have pair of clip tensioner 146) comprises a pair of tensioning devices 146 (Paragraph 67 and Figure 3, clip slider 146 at upper left and right shoulder appendage sections; this is the structure as defined by the 35 USC 112f analysis above) each positioned along a respective one of the first upper appendage section and the second upper appendage section, the pair of tensioning devices 146 configured to perform at least one of increasing and decreasing tension applied to an individual's body when the garment is worn by an individual.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the support structure at the first and second upper appendage sections of Ota, so that there are a pair of tensioning devices each positioned along a respective one of the first upper appendage section and the second upper appendage section, the pair of tensioning devices configured to perform at least one of increasing and decreasing tension applied to an individual's body when the garment is worn by an individual, as taught by Drynan, in order to provide an improved garment with an enhanced support section having adjustable loops for tightening the elastic support to desirable and comfortable user setting (Drynan, Paragraph 67)
Claims 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ota et al. (WO 2004091328 A1) in view of Yang (U.S. Patent Pub. No. 20130160189), as applied to claims 5 and 11, respectively, in view of Raboin et al. (EP 1588638 A1).
Regarding claim 7, the combination of Ota in view of Yang discloses the invention as described above but fails to explicitly disclose wherein the first loop configuration converges with the second loop configuration at a first side midsection point and at a second side midsection point opposite the first side midsection point.
Raboin teaches an analogous support structure (Page 7/25 Paragraphs 18-19 and see Annotated Figures 5-6 of Raboin below, support bands forming loops at user upper and lower body) wherein the analogous first loop (Page 7/25 Paragraphs 18-19 and see Annotated Figures 5-6 of Raboin below, convergence of loop at right and left lateral sides of user near obliques) configuration converges with the analogous second loop (Page 7/25 Paragraphs 18-19 and see Annotated Figures 5-6 of Raboin below) configuration at a first side midsection point and at a second side midsection point opposite the first side midsection point.
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It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first and second loop of the support structure at the shoulder and the hips of Ota in view of Yang, so that the first loop configuration converges with the second loop configuration at a first side midsection point and at a second side midsection point opposite the first side midsection point, as taught by Raboin, in order to provide an improved garment with an enhanced support structure that loops from the hips towards an anterior front to the upper shoulders to form an intersection convergence at a user’s left and right lateral oblique midsection for desirable tightening and tensioning force profile therethrough forming a full looped band connected at front of shoulders from back of hips (Raboin, Page 7/25 Paragraphs 18-19).
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Regarding claim 12, the combination of Ota in view of Yang discloses the invention as described above and further discloses wherein the first elastomeric segment (Yang, Paragraph 37 and see Annotated Figures 1-2 of Yang below, first elastic segment at right shoulder then diagonally across back to left oblique then through crotch portion and to right hip. Second elastic segment at left shoulder then diagonally across back to right oblique then through crotch portion and to left hip) further extends through the crotch portion, wraps around a first front side of hip section of the lower body section 10, further wherein the second elastomeric segment (Yang, Paragraph 37 and see Annotated Figures 1-2 of Yang below) further extends through the crotch portion, wraps around a second front side of hip section of the lower body section 10.
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However, the combination of Ota in view of Yang fails to explicitly disclose the first elastomeric segment extends across the second elastomeric segment at a first side section, and extends across the upper body section to the first side of the shoulder section, further wherein the second elastomeric segment further extends across the first elastomeric segment at a second side section, and extends across the upper body section to the second side of the shoulder section.
Raboin teaches an analogous support structure (Page 7/25 Paragraphs 18-19 and see Annotated Figures 5-6 of Raboin below, support bands forming loops at user upper and lower body) wherein the analogous first segment extends across the analogous second segment at a first side section (Page 7/25 Paragraphs 18-19 and see Annotated Figures 5-6 of Raboin below, convergence of loop at right and left lateral sides of user near obliques), and extends across the analogous upper body section to the analogous first side of the analogous shoulder section, further wherein the analogous second segment further extends across the analogous first segment at a second side section (Page 7/25 Paragraphs 18-19 and see Annotated Figures 5-6 of Raboin below, convergence of loop at right and left lateral sides of user near obliques), and extends across the analogous upper body section to the analogous second side of the analogous shoulder section.
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It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first and second elastomeric segment loop of the support structure at the shoulder and the hips of Ota in view of Yang, so that the first elastomeric segment extends across the second elastomeric segment at a first side section, and extends across the upper body section to the first side of the shoulder section, further wherein the second elastomeric segment further extends across the first elastomeric segment at a second side section, and extends across the upper body section to the second side of the shoulder section, as taught by Raboin, in order to provide an improved garment with an enhanced support structure that loops from the hips towards an anterior front to the upper shoulders to form an intersection convergence at a user’s left and right lateral oblique midsection for desirable tightening and tensioning force profile therethrough forming a full looped band connected at front of shoulders from back of hips (Raboin, Page 7/25 Paragraphs 18-19).
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Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ota et al. (WO 2004091328 A1), as applied to claim 1, in view of Bye et al. (U.S. Patent Pub. No. 20150313295 ).
Regarding claim 9, Yang discloses the invention as described above but fails to explicitly disclose
wherein the elastomeric band body comprises two separate contiguous pieces.
Bye teaches an analogous garment 10 (Paragraphs 17, 42, and Figure 2, garment 10 with two separate continuous bands 90,110 and 100,120) wherein the analogous elastomeric band body 90,110 100,120 comprises two separate contiguous pieces 90,110 100,120 (Paragraphs 17, 42, and Figure 2, elastic straps 90 and 110 are continuous and straps 100,120 are continuous).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the support structure elastomeric band body and an attachment of the support structure to the form-fitting portion of Ota, so that the elastomeric band body comprises two separate contiguous pieces, as taught by Bye, in order to provide an improved garment with an enhanced support structure elastomeric band body formed of separate continuous pieces forming a full looped support from the arms to the legs of the user for desirable increased uniform support throughout each continuous loop (Bye, Paragraphs 17 and 42).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Ota et al. (WO 2004091328 A1) in view of Yang (U.S. Patent Pub. No. 20130160189), as applied to claim 11, in view of Schwartz et al. (U.S. Patent No. 6159070).
Regarding claim 17, the combination of Ota in view of Yang discloses the invention as described above and further discloses wherein the first elastomeric segment (Yang, Paragraphs 10 and 37 and Figures 1-2, support bands comprising first elastic segment extending medial at upper body section 1 from shoulder area through a crotch portion of lower section 10 and second elastic segment extending medial at upper body section 1 from shoulder area through a crotch portion of lower section 10) and the second elastomeric segment cross one another at the crotch portion, an attachment structure (Yang, Paragraphs 10 and 37 and Figures 1-2, adhesive print coating provides attachment structure to tights fabric garment 1,10; this is an equivalent structure as defined by the 35 USC 112f analysis above) configured to directly connect support structure to form-fitting portion.
However, the combination of Ota in view of Yang fails to explicitly disclose wherein the first elastomeric segment and the second elastomeric segment are absent an attachment structure at the crotch portion.
Schwartz teaches an analogous garment 10 (Col. 2, lines 14-36 and 45-55 and Figure 2, garment 10 comprising straps 40,42 and panty main fabric 12) wherein the analogous first elastomeric segment 40 (Col. 2, lines 14-36 and 45-55 and Figure 2, stretch fabric strap 40 crossing with other stretch fabric strap 42 at crotch portion intersection 38, without any permanent attachment to the garment main fabric 12, rather just being guided through sleeve 36 without any stitching or adhesive attachment thereat) and the analogous second elastomeric segment 42 are absent an attachment structure at the analogous crotch portion 38.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify an attachment of the first elastomeric segment and the second elastomeric segment at the crotch portion of Ota in view of Yang, so that the first elastomeric segment and the second elastomeric segment are absent an attachment structure at the crotch portion, as taught by Schwartz, in order to provide an improved garment with enhanced first and second elastomeric segments that are free of a permanent affixing attachment at the intersecting crotch portion for desirable adjustability of the straps yielding increased mobility and comfortability (Schwartz, Col. 2, lines 14-36 and 45-55).
Conclusion
12. 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.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached on +1(571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786