DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This is in response to amendment received on 07/08/26. Claims 1, 7, 10, 12, 13, 17 and 21-22 have been amended. Claims 1, 3-5, 7-19 and 21-22 are examined herein.
Claim Objections
Claim 4 is objected to because of the following informalities: claim 4 repeats limitations that have been amended into claim 1, the duplicate limitations should be deleted from claim 4. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: claim 8 repeats limitations that have been amended into claim 1, the duplicate limitations should be deleted from claim 8. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: claim 12 repeats limitations that have been amended into claim 1, the duplicate limitations should be deleted from claim 12. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: claim 18 repeats limitations that have been amended into claim 13, the duplicate limitations should be deleted from claim 18. Appropriate correction is required.
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 1, 3-5, 7-19 and 21-22 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.
In regard to claim 1, it is unclear what is meant by the last paragraph of claim 1. Is applicant attempting to claim a specific side seam location? The posterior and anterior portions are defined in the claim as the portions extending from the side seams in the front and the back of the garment. The last paragraph makes the seam locations and the posterior and anterior portions locations unclear. The side seam is the delimiting factor of the anterior and posterior portions, how can the side seams be located closer to the anterior in the posterior, wouldn’t the seam be the boarder of the anterior and posterior portion? The seam is what creates the anterior and posterior. It is unclear what applicant is requiring of the seams and the anterior and posterior portions.
In regard to claim 10, it is unclear what is meant by the limitation “wherein the first textile panel comprises each of the first textile panel, the second textile panel, and the third textile panel”. How can the first textile panel comprise itself and the other panels? It is unclear what is required to read on the claim.
In regard to claim 13, the side seams are claimed to be aligned with the right and left side of the torso portion as recited in lines 17-18 and then in the last paragraph, the first side seam is located in a posterior first side portion and the second side seam is located in a posterior second side portion. It is unclear where the side seams are located.
Any remaining claims are rejected depending from a rejected base claim.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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