DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
As directed by the amendment received on September 22, 2025, claims 1, 11-12, 14-15, 17-18, and 20 have been amended. Accordingly, claims 1-20 are currently pending in this application with claims 6-10 being previously withdrawn from further consideration.
Response to Amendment
The amendments filed with the written response received on September 22, 2025, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated May 28, 2025, are hereby withdrawn unless specifically noted below.
Specification – Disclosure
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “wherein the back fixation strap is actuatable between an open configuration and a closed configuration” as recited in claim 20.
Claim Objections
Claim 1 is objected to because at line 10, “the center portion of the bra” should read “the center portion”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 20 recites the limitation “wherein the back fixation strap is actuatable between an open configuration and a closed configuration” at lines 1-3. This limitation was not described in the specification as originally filed. Indeed, the word “actuate”, “actuation”, or “actuatable” do not appear in the application as originally filed. Examiner further notes that Applicant does not provide where in Applicant’s application support for such amended language can be found. Therefore, the limitation constitutes new matter. In order to overcome this rejection, it is suggested that the new matter be canceled from the claims.
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.
Claims 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0273740 to Scott et al. (hereinafter, “Scott”).
Regarding claim 1, Scott teaches a bra (See Scott, Fig.1; bra (100)), comprising: a base structure forming a front portion of the bra (See Scott, Fig. 1; front portion (110) of bra (100); Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), the front portion of the bra including a first cup, a second cup, and a center portion disposed between the first cup and the second cup (See Scott, Fig. 1; front portion (110) includes first and second bra cups (112) and a center portion disposed between the cups); a first plurality of elongated elements coupled to the base structure and arranged in a substantially parallel manner (See annotated Fig. 1 of Scott below; first plurality of elongated elements, i.e., the horizontally curved lines, positioned on first and second cups, coupled to front portion (110), and arranged in a substantially parallel manner); and a second plurality of elongated elements coupled to the base structure (See annotated Fig. 1 of Scott below; second plurality of elongated elements, i.e., left leaning lines, positioned on first and second cups and coupled to front portion (110)), wherein each elongated element of the second plurality of elongated elements further includes an upper portion; wherein the upper portion of each elongated element of the second plurality of elongated elements is positioned proximate to the center portion of the bra to form a reinforcement zone (See annotated Fig. 1 of Scott below; each of the second plurality have an upper portion that is proximate to the center portion of the bra and form a reinforcement zone where present; Examiner notes that the term "proximate" is very broad and merely means "close; very near". (Defn. No. 2 of "Random House Kernerman Webster's College Dictionary" entry via TheFreeDictionary.com); Examiner notes that the term "zone" is very broad and merely means "an area or a region distinguished from adjacent parts by a distinctive feature or characteristic" (Defn. No. 1a of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), and wherein the first plurality of elongated elements at least partially overlies the second plurality of elongated elements (See annotated Fig. 1 of Scott below; first plurality at least partially overlies second plurality at bottoms of first and second cups (112)).
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Annotated Fig. 1 of Scott
Regarding claim 3, Scott (as applied to claim 1 above) further teaches wherein the base structure further includes a front layer and a rear layer, and wherein the first plurality of elongated elements and the second plurality of elongated elements are positioned between the front layer and the rear layer (See Scott, Figs. 1-2; thread layers (212), i.e., the pluralities of elongated elements, are positioned between front, i.e., exterior, layer (210) and rear, i.e., interior, layer (214); [0024]).
Regarding claim 4, Scott (as applied to claims 1 and 3 above) further teaches wherein the base structure further includes an intermediate layer positioned between the front layer and the rear layer, and wherein the first plurality of elongated elements and the second plurality of elongated elements are formed from the intermediate layer (See Scott, Figs. 1-2; middle layer (212) positioned between front layer (210) and rear layer (214) is formed by and includes the thread layers of the pluralities of elongated elements; [0024]).
Regarding claim 5, Scott (as applied to claims 1 and 3 above) further teaches wherein the front layer comprises a first fabric and the rear layer comprises a second fabric different from the first fabric (See Scott, Figs. 1-2; front layer (210) and rear layer (214) maybe be fabrics formed of different textiles; [0026]).
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 is rejected under 35 U.S.C. 103 as being unpatentable over Scott, as applied to claim 1 above, and further in view of US 2015/0196065 to Grobler (hereinafter, “Grobler”).
Regarding claim 2, Scott (as applied to claim 1 above) is silent to wherein the base structure is provided as a three-dimensional knit structure.
However, Grobler, in a related bra art, is directed to a nursing bra having a front portion with first and second cups (See Grobler, Figs 1-2; abstract). More specifically, Grobler teaches wherein the base structure is provided as a three-dimensional knit structure (See Grobler, Figs. 1-2; bra (1) including front portion (2) can be made as a 3D knit structure; [0016]-[0017], [0059]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form at least the base structure of the bra of Scott as a 3D knit structure as disclosed by Grobler in order to enable the bra to be given the desired three dimensional shape during a knitting process and further reducing the number of seams of the bra (See Grobler, [0017]).
Claims 11-20 (claim 20 as best as can be understood) are rejected under 35 U.S.C. 103 as being unpatentable over Scott in view of USPN 5,660,577 to Modena (hereinafter, “Modena”).
Regarding claim 11, Scott teaches a bra (See Scott, Fig.1; bra (100)), comprising: a first cup and a second cup, the first cup having a first inner edge and a first outer edge, the second cup having a second inner edge and second outer edge, and wherein the first inner edge of the first cup is positioned proximate the second inner edge of the second cup (See additional annotated Fig. 1 of Scott below; front portion (110) includes first and second bra cups (112) which each have respective outer edges and inner edges, the inner edges positioned proximate one another; Examiner notes that the term "proximate" is very broad and merely means "close; very near". (Defn. No. 2 of "Random House Kernerman Webster's College Dictionary" entry via TheFreeDictionary.com); a back fixation strap extending from the first outer edge of the first cup to the second outer edge of the second cup to form a bra body (See Scott, Fig. 1; back region (118) forms strap extending from outer edge of first cup (112) around to outer edge of second cup (112); [0018]); a first plurality of elongated components extending from the first outer edge of the first cup and from the second outer edge of the second cup (See annotated Fig. 1 of Scott above and additional annotated Fig. 1 of Scott below; first plurality of elongated components, i.e., the horizontally curved lines, positioned on first and second cups (112) and extending from the outer edge of each of the first and second cups to the inner edges); a second plurality of elongated components positioned on the first cup, the second plurality of elongated components at least partially overlapping a first portion of the first plurality of elongated components positioned on the first cup (See annotated Fig. 1 of Scott below; second plurality of elongated components, i.e., left leaning lines, positioned on first cup (112) and at least partially overlapping a first portion of the first plurality at the bottom of the first cup); and a third plurality of elongated components positioned on the second cup, the third plurality of elongated components at least partially overlapping a second portion of the first plurality of elongated components positioned on the second cup (See annotated Fig. 1 of Scott above; third plurality of elongated components, i.e., right leaning lines, positioned on second cup (112) and at least partially overlapping a second portion of the first plurality at the bottom of the second cup), wherein the second plurality of elongated components and the third plurality of elongated components at least partially overlap (See annotated Fig. 1 of Scott above; second and third pluralities of elongated components are present and at least partially overlap with each other on both of the first and second cups).
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Additional annotated Fig. 1 of Scott
That said, although Scott teaches the first plurality of elongated components extending from the first outer edge of the first cup and from the second outer edge of the second cup, the portions of the first plurality of elongated components of Scott are separated from one another on the first and second cups. Therefore, Scott is silent to the first plurality extending from the first outer edge of the first cup to the second outer edge of the second cup.
However, Modena, in a related bra art, is directed to a brassiere in which each cup is connected to an elastic band and shoulder strap and having a continuous band in a lower and lateral parts (See Modena, Fig. 1; abstract). More specifically, Modena teaches a lower band extending from the first outer edge of the first cup to the second outer edge of the second cup (See Modena, Fig. 1; bands (3, 3’) can be connected and formed as a continuous, single band which extends from an outer edge of a first cup (1) to an outer edge of a second cup (2); Col. 2, lines 24-28 and 48-52).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to connect the two separate portions of the first plurality of elongated components of Scott and extend them up to the shoulder straps to form a single, continuous lower support band as disclosed by Modena in order to provide additional support and spread stress from supporting the breasts of the wearer (See Modena, Col. 2, lines 24-28), and furthermore since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (See, MPEP 2144.05(V)(B)).
Regarding claim 12, the modified bra of Scott (i.e., Scott in view of Modena, as discussed with respect to claim 11 above) further teaches a first shoulder strap having a first end positioned proximate to the first cup; a second shoulder strap having a first end positioned proximate to the second cup (See Scott, Fig. 1; first and second shoulder straps (114) each having respective ends positioned proximate corresponding respective first and second cups (112)); and wherein at least one elongated component of the first plurality of elongated components extends from a first position proximate to the first end of the first shoulder strap to a second position proximate to the first end of the second shoulder strap (See Modena, Fig. 1 and annotated Fig. 1 of Scott above; first plurality of elongated components, as discussed in the modification above, would extend from a first position proximate a first end of the first shoulder strap of Scott to a second position proximate a first end of the second shoulder strap of Scott similar to the shape of the continuous single band of Modena).
Regarding claim 13, the modified bra of Scott (i.e., Scott in view of Modena, as discussed with respect to claim 11 above) further teaches wherein the first plurality of elongated components are imparted with a first elasticity, the second plurality of elongated components are imparted with a second elasticity, the third plurality of elongated components are imparted with a third elasticity, and the first elasticity is different from the third elasticity (See Scott, Figs. 1-2 and annotated Fig. 1 of Scott above; threads (216, 218) forming first, second, and third pluralities of elongated components each have a respective elasticity which can differ from one another; [0030]-[0031]).
Regarding claim 14, the modified bra of Scott (i.e., Scott in view of Modena, as discussed with respect to claim 11 above) further teaches a center region positioned at least partially above the first inner edge of the first cup and the second inner edge of the second cup, wherein the second and the third pluralities of elongated components at least partially overlap in the center region (See additional annotated Fig. 1 of Scott above; center region (dotted line) positioned at least partially above first and second inner edges in which first and second pluralities of elongated components on each of the first and second cups (112) at least partially overlap with one another; Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
Regarding claim 15, the modified bra of Scott (i.e., Scott in view of Modena, as discussed with respect to claim 11 above) further teaches wherein the first and the second pluralities of elongated components at least partially overlap in a first lower region of the first cup and the first and the third pluralities of elongated components at least partially overlap in a second lower region of the second cup (See annotated Fig. 1 of Scott above; first and second pluralities of elongated components at least partially overlap in a first lower region of the first cup (112); first and third pluralities of elongated components at least partially overlap in a second lower region of the second cup (112); Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
Regarding claim 16, the modified bra of Scott (i.e., Scott in view of Modena, as discussed with respect to claim 11 above) further teaches wherein at least one elongated component of the first plurality of elongated components is provided in a substantially U-shaped configuration (See Modena, Fig. 1 and annotated Fig. 1 of Scott above; first plurality of elongated components, as discussed in the modification above, would have a substantially U-shaped configuration similar to the shape of the continuous single band of Modena).
Regarding claim 17, the modified bra of Scott (i.e., Scott in view of Modena, as discussed with respect to claim 11 above) further teaches wherein the first and the second pluralities of elongated components form a first mesh zone adapted to provide support to the first cup, and the first and the third pluralities of elongated components form a second mesh zone adapted to provide support to the second cup (See annotated Fig. 1 of Scott above; first and second pluralities of elongated components at least partially overlap in a first lower region of the first cup (112) to form a first mesh zone; first and third pluralities of elongated components at least partially overlap in a second lower region of the second cup (112) to form a second mesh zone; each mesh zone is capable of providing support to a respective cup; Examiner notes that the term "zone" is very broad and merely means "an area or a region distinguished from adjacent parts by a distinctive feature or characteristic" (Defn. No. 1a of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
Regarding claim 18, the modified bra of Scott (i.e., Scott in view of Modena, as discussed with respect to claim 11 above) further teaches wherein the first plurality of elongated components are arranged in a first spaced-apart relationship with one another, the second plurality of elongated components are arranged in a second spaced-apart relationship with one another, and the third plurality of elongated components are arranged in a third spaced-apart relationship with one another (See annotated Fig. 1 of Scott above; each of the first, second, and third pluralities of elongated components are arranged in a respective spaced-apart relationship with one another within each plurality).
Regarding claim 19, the modified bra of Scott (i.e., Scott in view of Modena, as discussed with respect to claim 11 above) further teaches wherein each elongated component of the first plurality of elongated components is substantially parallel with respect to each other (See annotated Fig. 1 of Scott above; each elongated component of the first plurality of elongated components are substantially parallel with each other).
Regarding claim 20, the modified bra of Scott (i.e., Scott in view of Modena, as discussed with respect to claim 11 above) further teaches wherein the back fixation strap is actuatable between an open configuration and a closed configuration (See Scott, Fig. 1; rear region (118) may include back closure capable of placing the rear region (118) into open and closed configurations; [0018]).
Response to Arguments
Applicant's arguments filed September 22, 2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument with respect to claim 1 that Scott does not teach a center portion disposed between the first cup and the second cup… wherein the upper portion of each elongated element of the second plurality of elongated elements is positioned proximate to the center portion of the bra, Examiner respectfully disagrees. In the argument, Applicant appears to argue that each of the upper portions of the support regions (116) of Scott, i.e., the equivalent elongated elements, are not positioned between the breast cups (112) and in the center portion of the bra of Scott (See Applicant’s remarks, pages 11-13). That said, claim 1 merely requires that the upper portion of each elongated element of the second plurality of elongated elements be positioned proximate to the center portion of the bra, not positioned “between” the breast cups as alleged by Applicant. As discussed in the current grounds of rejection above and as shown in annotated Fig. 1 of Scott (reproduced below), each of the elongated elements of the second plurality have an upper portion that is proximate to the center portion of the bra, the center portion being disposed between the first and second cups. Again, Examiner notes that the term "proximate", as used by Applicant in the claim, is very broad and merely means "close; very near". (Defn. No. 2 of "Random House Kernerman Webster's College Dictionary" entry via TheFreeDictionary.com). Indeed, the upper portions of each of the elongated elements of the second plurality as indicated in annotated Fig. 1 of Scott are considered proximate to a center portion of the bra under a broadest reasonable interpretation of the claims. Examiner notes that Applicant further attempts to point to other ones of the elongated elements of Scott located on lateral sides of the bra as being positioned away from the center portion of the bra. That said, only those elements indicated in annotated Fig. 1 of Scott below are relied upon in the current grounds of rejection.
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Annotated Fig. 1 of Scott
In response to Applicant’s statement that the Office has not annotated the center portion of the bra which is positioned between the breast cups, Examiner notes that the current grounds of rejection clearly state that the front portion (110) of Scott includes first and second bra cups (112) and a center portion disposed between the cups. However, further clarification of the center portion is provided in the annotated figure below for Applicant’s benefit. As a reminder, Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com).
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Annotated Fig. 1 of Scott showing center portion
In response to Applicant’s argument with respect to claim 11 that Scott fails to teach or suggest at least a second plurality of elongated components positioned on the first cup… a third plurality of elongated components positioned on the second cup… wherein the second plurality of elongated components and the third plurality of elongated components at least partially overlap, Examiner again respectfully disagrees. Contrary to Applicant’s arguments, currently pending claim 11 does not limit each of the pluralities of elongated components to only a single cup. As discussed in the current grounds of rejection above, the second plurality of elongated components (i.e., left leaning embroidered lines) and the third plurality of elongated components (i.e., right leaning embroidered lines) as indicated in annotated Fig. 1 of Scott above are present on each of the first and second cups and overlap on each cup to meet the claim limitations as currently presented. Said another way, claim 11 does not require that the second and third pluralities of elongated components each only be provided on a particular cup as alleged by Applicant.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MARCHEWKA whose telephone number is (571) 272-4038. The examiner can normally be reached M-F: 9:00AM-5:00PM EST.
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/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732
/JAMESON D COLLIER/Primary Examiner, Art Unit 3732