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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 20 January 2026 has been entered.
Response to Amendment
Applicant’s amendment, received 15 October 2025, is reviewed and entered. This Office Action is a non-final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1, 7
Pending
1-7
Presented for Examination
1-7
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 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.
Claim Rejections - 35 USC § 102
Claim(s) 1-2 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lain (US 2030306 A).
As to claim 1, Lain discloses a garment (title, and particularly the garment of FIG 2) comprising:
a hip portion (see annotated FIG 2 below), a top edge of the hip portion defining a waist opening (at waistband 13 in FIG 2), the waist opening having a size such that the top edge is configured to surround a waist of a user (capable of surrounding a waist), an interior dimension of the hip portion having a size such that the hip portion is configured to be worn around a pair of hips of the user (capable of being worn around a pair of hips);
a crotch portion being coupled to and extending downwardly from the hip portion wherein the crotch portion is configured to be worn over a crotch of the user (see annotated FIG 2 below);
a pair of leg portions being coupled to and extending away from the hip portion and the crotch portion (see annotated FIG 2 below), the pair of leg portions being positioned opposite each other across the crotch portion (FIG 2), an interior dimension of each leg portion of the pair of leg portions having a size such that each leg portion is configured to be worn around an associated leg of a pair of legs of a user (capable of being worn around an associated leg); and
a panel being mounted in the hip portion (FIG 3, combination of 16 and 17), the panel extending from a front interior surface of the hip portion along the crotch portion to a rear interior surface of the hip portion (FIGS 1 and 3), the panel having a pair of end sections (17 in FIG 3) and a central section (16 in FIG 3), the central section being coupled to and extending between the pair of end sections (FIG 3), a full length of the central section having a pair of free lateral edges (FIG 3), the pair of free lateral edges being positioned inwardly from the crotch portion and the pair of leg portions (FIGS 1-3) wherein the panel is configured for permitting wings of a sanitary pad positioned on the panel and between the pair of legs of the user to be tucked around the free lateral edges of the central section of the panel (capable of permitting wings to be tucked around the free lateral edges, depending on the size and flexibility of the wings).
PNG
media_image1.png
570
690
media_image1.png
Greyscale
As to claim 2, Lain discloses the garment of claim 1, wherein the central section is unattached to the crotch portion (FIGS 1-3, only the ends 17 are attached to the undergarment).
As to claim 4, Lain discloses the garment of claim 1, further comprising a pair of connectors being coupled to the panel and the hip portion (tabs 6 are coupled to the hip portion via sewing as disclosed on page 1, col 2, line 10-20), each connector of the pair of connectors coupling an associated end section of the pair of end sections of the panel to the hip portion (FIG 3).
As to claim 5, Lain discloses the garment of claim 4, wherein each connector of the pair of connectors comprises stitching (14), the stitching having an end portion which extends along an end edge of the associated end section of the panel (see annotated FIG 4 below, the end portion extends “along” an end edge of the end section to the degree the end portion and end edge are parallel to one another, Examiner notes that the term "along" is very broad and has a definition of "on a line or course parallel and close to; continuously beside" (Defn. No. 2 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
PNG
media_image2.png
652
577
media_image2.png
Greyscale
Claim Rejections - 35 USC § 103
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lain (US 2030306 A) in view of Relekar et al. (US 20180228665 A1).
As to claim 3, Lain does not disclose the garment of claim 1, wherein each end section of the pair of end sections tapers toward the central section.
However, this is a known configuration for a crotch gusset.
Relekar teaches a similar garment (“Undergarment…,” title) except the panel (para. 0027 discloses “Detachable stripe (changeable crotch piece)”) is positioned on the exterior of the hip portion/ crotch portion/ pair of leg portions as opposed to the exterior, and furthermore, Relekar teaches each end section of the pair of end sections tapers toward the central section (FIGS 1 and 9).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to taper the end sections toward the central section for the purpose of following the contours of the wearer and/ or the garment.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lain (US 2030306 A) in view of Monaco (US 12075850 B2).
As to claim 6, Lain does not disclose the garment of claim 5, wherein the stitching has a pair of lateral portions, each lateral portion of the pair of lateral portions extending from the end edge of the associated end section of the panel toward the central section of the panel along an associated lateral edge of a pair of lateral edges of the associated end section.
Monaco teaches a similar crotch panel (FIG 5) comprising two layers that are joined by stitching at three sides (col 4 line 64-col 5 line 15).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the panel of Lain with stitching has a pair of lateral portions, each lateral portion of the pair of lateral portions extending from the end edge of the associated end section of the panel toward the central section of the panel along an associated lateral edge of a pair of lateral edges of the associated end section, in order to allow an additional layer to be added and fixedly secured to the first layer (this is the purpose of the Monaco stitching) and/ or to provide a known means of finishing edges for durability of the panel and the comfort of the wearer, so the raw edges do not contact the wearer’s skin.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lain (US 2030306 A) in view of Relekar et al. (US 20180228665 A1) and Monaco (US 12075850 B2).
As to claim 7, Lain discloses a garment (title, and particularly the garment of FIG 2) comprising:
a hip portion (see annotated FIG 2 below), a top edge of the hip portion defining a waist opening (at waistband 13 in FIG 2), the waist opening having a size such that the top edge is configured to surround a waist of a user (capable of surrounding a waist), an interior dimension of the hip portion having a size such that the hip portion is configured to be worn around a pair of hips of the user (capable of being worn around a pair of hips);
a crotch portion being coupled to and extending downwardly from the hip portion wherein the crotch portion is configured to be worn over a crotch of the user (see annotated FIG 2 below);
a pair of leg portions being coupled to and extending away from the hip portion and the crotch portion (see annotated FIG 2 below), the pair of leg portions being positioned opposite each other across the crotch portion (FIG 2), an interior dimension of each leg portion of the pair of leg portions having a size such that each leg portion is configured to be worn around an associated leg of a pair of legs of a user (capable of being worn around an associated leg);
a panel being mounted in the hip portion (FIG 3, combination of 16 and 17), the panel extending from a front interior surface of the hip portion along the crotch portion to a rear interior surface of the hip portion (FIGS 1 and 3), the panel having a pair of end sections (17 in FIG 3) and a central section (16 in FIG 3), the central section being coupled to and extending between the pair of end sections (FIG 3), a full length of the central section having a pair of free lateral edges (FIG 3), the pair of free lateral edges being positioned inwardly from the crotch portion and the pair of leg portions (FIGS 1-3) wherein the panel is configured for permitting wings of a sanitary pad positioned on the panel and between the pair of legs of the user to be tucked around the free lateral edges of the central section of the panel (capable of permitting wings to be tucked around the free lateral edges, depending on the size and flexibility of the wings),
wherein the central section is unattached to the crotch portion (FIGS 1-3, only the ends 17 are attached to the undergarment); and
a pair of connectors being coupled to the panel and the hip portion (tabs 6 are coupled to the hip portion via sewing as disclosed on page 1, col 2, line 10-20), each connector of the pair of connectors coupling an associated end section of the pair of end sections of the panel to the hip portion (FIG 3),
each connector of the pair of connectors comprises stitching (14), the stitching having an end portion which extends along an end edge of the associated end section of the panel (see annotated FIG 4 below, the end portion extends “along” an end edge of the end section to the degree the end portion and end edge are parallel to one another, Examiner notes that the term "along" is very broad and has a definition of "on a line or course parallel and close to; continuously beside" (Defn. No. 2 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
Lain does not disclose each end section of the pair of end sections tapers toward the central section.
However, this is a known configuration for a crotch gusset.
Relekar teaches a similar garment (“Undergarment…,” title) except the panel (para. 0027 discloses “Detachable stripe (changeable crotch piece)”) is positioned on the exterior of the hip portion/ crotch portion/ pair of leg portions as opposed to the exterior, and furthermore, Relekar teaches each end section of the pair of end sections tapers toward the central section (FIGS 1 and 9).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to taper the end sections toward the central section for the purpose of following the contours of the wearer and/ or the garment.
Lain does not disclose the stitching has a pair of lateral portions, each lateral portion of the pair of lateral portions extending from the end edge of the associated end section of the panel toward the central section of the panel along an associated lateral edge of a pair of lateral edges of the associated end section.
Monaco teaches a similar crotch panel (FIG 5) comprising two layers that are joined by stitching at three sides (col 4 line 64-col 5 line 15).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the panel of Lain with stitching has a pair of lateral portions, each lateral portion of the pair of lateral portions extending from the end edge of the associated end section of the panel toward the central section of the panel along an associated lateral edge of a pair of lateral edges of the associated end section, in order to allow an additional layer to be added and fixedly secured to the first layer (this is the purpose of the Monaco stitching) and/ or to provide a known means of finishing edges for durability of the panel and the comfort of the wearer, so the raw edges do not contact the wearer’s skin.
PNG
media_image1.png
570
690
media_image1.png
Greyscale
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732