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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/07/26 has been entered.
Specification
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: support for the limitation “the second textile panel and third textile panel are positioned on opposite sides of the torso portion” from claims 21 and 22 as newly added needs to be provided.
Applicant remarks that this is shown in Figure 1B, however, Figure 1B details that the second and third textile panels are positioned on both sides of the torso portion.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21 and 22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear what “the lower seam” is and how it relates to the lower-body garment. Further, there is a lack of antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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) 13-15, 17, 19 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carney (US 2015/0173424).
In regard to claim 13, Carney teaches a lower-body garment comprising:
a torso portion having an anterior side and a posterior side (Figures 4-7, torso portion: 420 or 620), a left side and a right side (see figures 4-7); and a waistband comprising a textile panel having a first end and a second end and coupled to the torso portion (panel: 410 see annotated figure below), the textile panel comprising: a lower margin coupled to the torso portion (see figures 4-7 and paragraph 0056); an upper free edge comprising an upper extent of the lower-body garment (see figures 4-7); an anterior portion comprising an abdomen-covering portion (see figure 4, identifier 410b), the anterior portion comprising a middle portion of the textile panel (410b); and a posterior portion comprising a lower-back-covering portion (see figure 5, identifiers 410a, 410c), the posterior portion comprising a first end of the textile panel at least partially overlapping a second end of the textile panel (410a), the first end of the textile panel comprising a first side edge that is affixed to the waistband at a first side seam (see figure 2C and paragraph 0045), the second panel of the textile panel comprising a second side edge that is affixed to the waistband at a second side seam (see figure 2C and paragraph 0045); wherein the upper free end is spaced away from the lower margin by a first distance along the anterior portion and by a second distance along the posterior portion, the first distance being greater than the second distance (see lower annotated figure below); wherein the first side seam and the second side seam are respectively aligned with the right side and the left side of the torso portion (see first side seam of 110a on edge 110d and second side seam of 110c on 110d aligned with the the right and left sides respectively of the torso portion that aligned with the ends of the seams along back portion as seen in figure 5).
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In regard to claim 14, Carney teaches wherein a first height of the first side edge is at least about one-third of a first height of the first side seam (see figure 2C, first side edge is portion stitched at 110d on the right side of 110a is about one-third a first height of the waistband in figures 2A and 2B).
In regard to claim 15, Carney teaches wherein a first length of the first height is in a range between one-third and two-thirds of a first height of the waistband at a first position of the waistband aligned with the first side seam (see figure 2C, first side edge is portion stitched at 110d on the right side of 110a is one-third or two-thirds a first height of the waistband in figures 2A and 2B).
In regard to claim 17, Carney teaches wherein the first side seam and the second side seam are respectively located at the right side and the left side of the torso portion (see first side seam of 110a on edge 110d and second side seam of 110c on 110d being on the right and left sides respectively).
In regard to claim 19, Carney teaches wherein: the first side seam extends between the lower margin and the upper free edge and along a length of the first side edge (see figure 2C and 2B); and the second side seam extends between the lower margin and the upper free edge and along a length of the second side edge (see figures 2C and 2B).
In regard to claim 22, Carney teaches wherein the lower margin of the waistband comprises lower edges of the second textile panel and third textile panel (lower edges of second and third panel ends), and wherein the lower edges are affixed to the torso portion at the lower seam such the second textile panel and third textile panel are positioned on opposite sides of the torso portion (see figures 2C and 5, lower edges of second and third panel ends are positioned on opposite sides of the torso portion from the longitudinal centerline).
Claim(s) 1, 3 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iamartino (US D645,644).
In regard to claim 1, Iamartino teaches a lower-body garment comprising: a torso portion (leg portion of pants: figures 1-8); and a waistband coupled to the torso portion (waistband portion of pants: figures 1-8), the waistband comprising: a lower margin coupled to the torso portion (see lower margin of waistband coupled to pant leg portions, figures 1-8); an upper free edge comprising an upper extent of the lower-body garment (see upper free edge, figures 1-8); an anterior portion comprising a first textile panel configured to cover an abdomen of a wearer (see front portion of waistband in figures 1, 3-5, 7 and 8); and a posterior portion comprising a second textile panel and a third textile panel that overlap one another and that are configured to cover a lower back of a wearer (see panels overlapping in waistband in figures 2-4 and 6-8), the second textile panel comprising a first side edge and a second side edge opposite the first side edge, wherein the first side edge is affixed at a first side seam to both the first textile panel and to the third textile panel (see figures 2-3 and 6-7 see outer panel/second textile panel affixed to the side seam), the first side edge of the second textile panel having a first height at the first side seam, wherein the first height is at least one-third of a height of the first side seam (see connection of outer panel/second textile panel affixed to side seam and being at least one third a height of the waistband in figures 3 and 7); and wherein the upper free edge is spaced away from the lower margin by a first distance along the anterior portion and by a second distance along the posterior portion, the first distance being greater than the second distance (see figures 1, 2, 5 and 6 that detail an upper free edge spaced from the torso seam is greater along a portion of the anterior side than a free edge spaced from the torso seam along the posterior side, both posterior and anterior sides have greater and shorter lengths based upon where the measurement is taken).
In regard to claim 3, Iamartino teaches wherein the first height of the first side edge is in a range between one-third and two-thirds of the first height of the waistband (see connection of outer panel/second textile panel affixed to side seam and being one third a height of the waistband in figures 3 and 7).
In regard to claim 9, Iamartino teaches wherein, along the anterior portion, the upper free edge is substantially straight (see figures 1, 3, 4 and 5).
In regard to claim 10, Iamartino teaches wherein the first textile panel comprises a bi-layer panel having a first textile layer, a second textile layer, and a fold seamlessly connecting the first textile layer to the second textile layer along the upper free edge (see first and second overlapping front panel in figures 1, 3-5 and 7-8, can be folded seamlessly as desired along the upper edge).
In regard to claim 11, Iamartino teaches wherein the waistband, by folding the upper free edge toward the lower margin, is convertible from a first configuration to a second configuration, wherein in the first configuration, the waistband comprises an inner-facing surface configured to face toward a wearer, at least a portion of the inner-facing surface configured to face away from the wearer in the second configuration, and wherein the portion of the inner-facing surface configured to face away from the wearer in the second configuration comprises a surface ornamentation element (see figures 1-8) capable of being configured from the first configuration as illustrated in figures 1-8 to a folded over configuration as desired).
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carney (US 2015/0173424) in view of Hendrickson (US 7,900,276).
Carney teaches a waistband garment as described above in claim 13. However, Carney fails to teach wherein the lower margin is coupled, in the anterior portion, to the torso portion along a lower seam, and wherein the lower seam curves away from the upper free edge.
In regard to claim 18, Hendrickson teaches a waistband of a garment wherein the lower margin is coupled, in the anterior portion, to the torso portion along a lower seam, and wherein the lower seam curves away from the upper free edge (see figure 1A, identifier 126; column 3, lines 2-13).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the waistband of Carney with the curved lower seam edge as taught by Hendrickson, since the lower seam edge of Carney being curved would provide a waistband that allows for expansion of the panel around a pregnant belly of a user (Carney: column 3, lines 2-13).
Claim(s) 1, 3, 10-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trznadel et al. (US 3,393,675) in view of Nelkin (US 3,294,086).
In regard to claim 1, Trznadel et al. teaches a lower-body garment comprising: a waistband (belt: 10), the waistband comprising: a lower margin (see figures 1-4); an upper free edge comprising an upper extent (see figures 1-4); an anterior portion comprising a first textile panel configured to cover an abdomen of a wearer (see figures 1, first textile panel: 12, 14); and a posterior portion comprising a second textile panel and a third textile panel that overlap one another and that are configured to cover a lower back of a wearer (see figure 2), the second textile panel comprising a first side edge and a second side edge opposite the first side edge, wherein the first side edge is affixed at a first side seam to both the first textile panel and to the third textile panel (second textile panel: 22 affixed to seam: 26), the first side edge of the second textile panel having a first height at the front side seam, wherein the first height is at least at least one-third of a height of the first side seam (see figures 2-4 and annotated figures below); wherein the upper free edge is spaced away from the lower edge of the waistband by a first distance along the anterior portion and by a second distance along the posterior potion, the first distance being greater than the second distance (see figure 3 and 4 below comparing the length of the anterior portion and the posterior portion).
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However, Trznadel et al. fails to teach a torso portion coupled to the waistband by a lower margin.
Nelkin teaches a waistband that has a torso portion coupled thereto by a lower margin of the waistband (see figures 1, 6 and 7, waistband: 20 and 21 and trouser portion: 52, 54, 55).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have provided the waistband of Trznadel et al. with the attached torso portion at the bottom margin as taught by Nelkin, since the waistband of Trznadel et al. provided with a trouser portion (crotch and leg straps) would provide a waistband that is secured in place on the user and does not ride up out of place during use.
In regard to claim 3, Trznadel et al. teaches wherein the first length of the first side edge is in a range between about one-third and two-thirds of the first height of the waistband (see figures 2-4 and annotated figure above).
In regard to claim 10, Trznadel et al. teaches wherein the first textile panel comprises a bi-layer panel having a first textile layer, a second textile layer, and a fold seamlessly connecting the first textile layer to the second textile layer along the upper free edge (first layer: 12, second layer 14, can be folded seamlessly connected layers 12 and 14 together along the upper edge as desired).
In regard to claim 11, Trznadel et al. teaches wherein the waistband, by folding the upper free edge toward the lower margin, is convertible from a first configuration to a second configuration, wherein in the first configuration, the waistband comprises an inner-facing surface configured to face toward a wearer (first configuration is figures 1-4), at least a portion of the inner-facing surface configured to face away from the wearer in the second configuration, and wherein the portion of the inner-facing surface configured to face away from the wearer in the second configuration comprises a surface ornamentation element (second configuration requires folding of upper edge of belt).
In regard to claim 12, Trznadel et al. teaches wherein based on a sagittal reference plane, the posterior portion comprises a posterior-first-side portion and a posterior-second-side portion and the anterior portion comprises an anterior-first-side portion and an anterior-second-side portion, and wherein the first side seam is at a position that is in the posterior-first-side portion and is closer to the anterior-first-side portion than to the sagittal reference plane (see seams: 26 in figures 1-4 that are in the posterior side portion).
In regard to claim 13, Trznadel et al. teaches a lower-body garment comprising: a waistband comprising a textile panel (belt: 10), the textile panel comprising: a lower margin (see lower margin in figures 1-4); an upper free edge comprising an upper extent of the lower-body garment (see upper free edge in figures 1-4); an anterior portion comprising an abdomen-covering portion (figure 1), the anterior portion comprising a middle portion of the textile panel (panels: 12 and 14); and a posterior portion comprising a lower-back-covering portion (see figure 2), the posterior portion comprising the first end of the textile panel at least partially overlapping a second end of the textile panel (see 22 and 24 in figures 2-4), the first end of the textile panel comprising a first side edge that is affixed to the waistband at a first side seam (see side edge seam 30 and column 2, lines 27-35), the second end of the textile panel comprising a second side edge that is affixed to the waistband at a second side seam (see opposite side edge seam 30 and column 2, lines 27-35); wherein the upper free edge is spaced away from the lower edge by a first distance along the anterior portion and by a second distance along the posterior portion, the first distance being greater than the second distance (see figures 1-4).
However, Trznadel et al. fails to teach a torso portion having an anterior side and a posterior side, a left side and a right side and being coupled to the waistband by a lower margin.
Nelkin teaches a waistband that has a torso portion, the torso portion having an anterior side and a posterior side, a left side and a right side; wherein the torso portion is coupled thereto by a lower margin of the waistband (see figures 1, 6 and 7, waistband: 20 and 21 and trouser portion with anterior, posterior and sides: 52, 54, 55 and 39); and wherein the right and left sides 39, 39 would align with the first and second seams of Trznadel et al.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have provided the waistband of Trznadel et al. with the attached torso portion at the bottom margin as taught by Nelkin, since the waistband of Trznadel et al. provided with a trouser portion (crotch and leg straps) would provide a waistband that is secured in place on the user and does not ride up out of place during use.
In regard to claim 14, Trznadel et al. teaches wherein a first height of the first side edge is at least about one-third of a first height of the first side seam (see side seam 30, 26 on one side connecting 22/24 is about one-third a first height of the waistband).
In regard to claim 15, Trznadel et al. teaches wherein a first height of the first side edge is in a range between one-third and two-thirds of a first height of the first side seam (see side seam 30, 26 on one side connecting 22/24 is about one-third a first height of the waistband).
In regard to claim 16, Trznadel et al. teaches wherein the first seam and the second seam are substantially parallel (see seams 30 and 26 in figures 1 and 2).
In regard to claim 19, Trznadel et al. teaches wherein: the first side seam extends between the lower margin and the upper free edge and along a length of the first side edge (see side seam on one side 26 and 30); and the second side seam extends between the lower margin and the upper free edge and along a length of the second side edge (see figures 2-4).
Claim(s) 4-5, 7-8 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iamartino (US D645,644) in view of Palese et al. (US 9,743,692).
Iamartino teaches a pant with waistband as described above in claims 1 and 5. However, Iamartino fails to teach the specific attachment of the second panel to the third panel and the third panel to the first panel and the height of the third panel.
In regard to claim 4, Iamartino teaches wherein the second side edge of the second textile panel is affixed, at an opposite second side seam (see figures 2 and 4), and to the first textile panel (see figures 2 and 4), the second side edge having a second height at the second side seam (see figure 4), the second height greater than the first height of the first side edge (see figures 2 and 4).
Palese et al. teaches a waistband construction wherein a second and third textile panel overlap and are connected to a first textile panel (figures 4A, 6A and 6B, column 6, lines 25-39); wherein the second textile panel is affixed to an opposite second side seam and to the third panel and the first panel (column 6, lines 17-20).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the waistband of Iamartino in the construction and seam connection as taught by Palese et al., since the waistband of Iamartino provided with the attachment, height and placement of the panels would provide a waistband that is supportive yet allows for expansion as needed.
In regard to claim 5, Palese et al. teaches wherein the third textile panel comprises: a third side edge that is affixed, at the first side seam, to the second textile panel and to the first textile panel, the third side edge having a third height at the first side seam, and a fourth side edge that is affixed, at the second side seam, to the second textile panel and to the first textile panel, the fourth side edge having a fourth length at the second side seam, the fourth length less than the third height (figures 4A, 6A and 6B, column 6, lines 17-39).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the waistband of Iamartino in the construction and seam connection as taught by Palese et al., since the waistband of Iamartino provided with the attachment, height and placement of the panels would provide a waistband that is supportive yet allows for expansion as needed.
In regard to claim 7, Palese et al. teaches wherein the fourth height of the fourth side edge is in a range between one-third and two-thirds of the waistband at the second side seam (figures 4A, 6A and 6B, column 6, lines 17-39).
In regard to claim 8, Palese et al. teaches wherein the lower margin is coupled, in the anterior portion, to the torso portion along a lower seam, and wherein the lower seam curves away from the upper free edge (figures 1, 2 and 4B: seam: 36).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the lower waistband seam of Iamartino with the downwardly curved seam construction as taught by Palese et al., since the waistband seam of Iamartino provided with a downwardly curved construction would provide for the waistband to be able to contour and expand around a user’s pregnant belly.
In regard to claim 21, the combined references teach wherein the lower margin of the waistband comprises lower edges of the second textile panel and third textile panel and wherein the lower edges are affixed to the torso portion at the lower seam such the second textile panel and third textile panel are positioned on opposite sides of the torso portion (Iamartino teaches the second textile panel attached to the lower seam such that the second end and third end of the panels are positioned on opposite sides of the longitudinal centerline torso portion: see figure 2; Palese teaches band: 10 attached to garment body along seam 36 with the second and third panel ends positioned on opposite sides of longitudinal centerline of the torso portion: see figure 4B, 6A, 6B and column 5, lines 56-67).
Response to Arguments
Applicant's arguments filed 01/07/26 have been fully considered but they are not persuasive.
Applicant remarks that Iamartino (US D645,644) fails to teach the limitations as amended into claim 1. Further, Applicant remarks that Iamartino has a waistband that is of a uniform height.
Iamartino teaches the amended limitations as detailed above in the office action. Further, Iamartino does not teach a waistband of uniform height, see waistband in Figures 1, 2, 5 and 6, the waistband height is non-uniform throughout the anterior and posterior portions teaching portions in the anterior and posterior of different heights.
Applicant remarks that Carney fails to teach the limitations as amended into claim 13.
Carney teaches the amended limitations as detailed above in the office action.
Applicant remarks that Trzandel in view of Nelkin fail to teach the limitations as amended into claims 1 and 13.
Trznadel and Nelkin teach the amended limitations of claims 1 and 13 as detailed above in the office action.
Applicant remarks that there is no motivation to combine Trzandel in view of Nelkin.
In KSR, the Supreme Court indicated that "[w]hen a work is available in one field of endeavor, design incentives and other market forces can prompt variations of it, either in the same field or a different one. If a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability." KSR Int'l v. Teleflex Inc., 127 S. Ct. 1727, 1740 (2007). Trznadel et al. teaches a lower body garment with a waistband that has a front panel/portion and side panels attached to the front panel. Nelkin teaches a lower body garment with torso portion attached to a waistband to further protect and support the wearer’s body therein. Here we are providing the waistband of Trznadel et al. with the attached torso portion at the bottom margin as taught by Nelkin, since the waistband of Trznadel et al. provided with a trouser portion (crotch, leg straps and side straps) would provide a waistband that is secured in place on the user and does not ride up out of place during use (see Trznadel et al.: column 4, lines 3-11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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