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 .
The amendments filed with the written response received on 06/03/2025 have been considered and an action on the merits follows. As directed by the amendment, claim 1 has been amended; claims 5-6 and 8-10 are canceled. Accordingly, claims 1-4 and 7 are pending in this application, with an action on the merits to follow regarding claims 1-4 and 7.
Because of the applicant's amendment, the following in the office action filed 03/31/2025 are hereby withdrawn: the specification objection.
Response to Arguments
Applicant’s arguments with respect to claims 1-4 and 7 have been considered but are moot because the updated grounds of rejection does not rely on the prior rejection of record specifically challenged in the argument. Applicant’s arguments, which appear to be drawn only to newly amended limitations and previously presented rejections, have been considered but are moot in view of the updated grounds of rejection.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore:
The recitation of “a waist-abdomen portion extends upwards from an upper end of the pants portion,” of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Currently, Figs. 2 and 4 show the upper edge of pants portion of the shaping-pants liner is the upper end of the garment with no other portion attached to its upper edge. Therefore, the figures do now show that the waist-abdomen portion extends from an upper edge of the pants portion. Even further, the “waist-abdomen portion” is claimed as comprising “an abdomen-constraining shaping portion.” However, fig. 2 shows the “abdomen-constraining shaping portion” extends into the pants portion. Therefore, the drawings do no show “a waist-abdomen portion extends upwards from an upper end of the pants portion.”
The recitation “a crotch of the pants portion” and “a bottom of the crotch portion” of claim 1 must be shown or the feature(s) canceled from the claim(s).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The substitute specification filed 06/03/2025 is accepted and is hereby entered.
Claim Rejections - 35 USC § 112
Claims 1-4 and 7 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.
Claim 1 recites “an abdomen-constricting shaping portion which extends downward to a crotch of the pants portion.” However, the waist-abdomen portion, which comprises the abdomen-constricting shaping portion, is claimed as extending upward from an upper end of the pants portion. Therefore, it is unclear how the abdomen-constricting shaping portion can simultaneously: (a) extend downward to a crotch of the pants portion, and (b) must be confined to a space above an upper end of the pants portion. Appropriate clarification is required.
Claim 1, line 13, recites “a crotch bottom.” However, claim 1, line 9, already recites “a bottom of the crotch.” It is unclear if applicant is claiming a new crotch bottom is being claimed or if the recitation is referring back to the previously recited element.
Claim 1, line 16, recites “a single-layer elastic fabric.” However, claim 1, lines 8-9 already recites “a single-layer elastic fabric.” It is unclear if applicant is claiming a new single-layer elastic fabric or if the recitation is referring back to the previously recited element.
Claim 1, lines 17-18 recites “the butt-lifting shaping portion is made of a double-layer elastic fabric.” However, claim 1, lines 8-9 recites “but other portions of the shaping-pants liner are made of a single-layer elastic fabric. It is unclear how the butt-lifting shaping portion is made of a double-layer elastic fabric when the claim requires other portions of the shaping-pants liner are made of a single-layer elastic fabric. Appropriate clarification is required.
Claims depending from claims rejected under this section are similarly rejected to for their dependance on a claim rejected under this section.
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.
Claims 1-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over US 2004/0006811 A1 to McKenzie in view of US 2006/0253960 A1 to Horn, US 4,654,894 A to Kudo, US 5,416,929 A to Braunstein, US 2018/0279693 A1 to Wipranik, and US 2011/0099677 A1 to Mamiye.
For claim 1, McKenzie discloses a shaping-pants liner (201), comprising an outer trousers body and the shaping-pants liner (201), wherein the shaping-pants liner has a pants portion configured to correspond to a region below a waist and an abdomen of a human body (201 is configured to corresponding to an area below the waist and an stomach of the wearer, see para 0025 and fig. 4), and a waist-abdomen portion (206) extended upwards from an upper end of the pants portion and configured to correspond to a waist-abdomen region of the human body (as best understood by applicant’s disclosure, portion 206 of McKenzie extended upwards from an upper end of the pants portion and configured to correspond to a waist-abdomen region of the human body in as much as element 21 in applicant’s fig. 2 performers this function); a part of the waist-abdomen portion configured to correspond to a front abdomen region is provided as an abdomen-constricting shaping portion (top portion of 206 corresponds to a front stomach portion, para 0025), which extends downwards to a crotch of the pants portion (211, see fig. 4); other portions of the shaping-pants liner are made of a single-layer elastic fabric (medium support portions 204 comprise stretch formations, para 0025, and is not provided as being doubled layered); a bottom of the crotch of the pants portion is made of skin-fit fabric (para 0027), the pants portion has leg-constricting shaping portions (medium support portions 204) configured to correspond to legs (see fig. 4), and leg-constricting shaping portions are made of a single-layer elastic fabric (medium support portions 204 comprise stretch formations, para 0025).
McKenzie does not specifically disclose trousers with the shaping-pants liner; wherein the abdomen-constricting shaping portion is made of a double-layer elastic fabric; wherein the crotch of the pants portion is made of an antimicrobial fabric; wherein inseams of the pants portion are made of an antifriction fabric; wherein the shaping-pants liner is located inside and completely covered by the outer trouser body; wherein an upper end of the shaping-pants liner is connected by stitching to or attached stitchlessly to a corresponding part of the outer trousers body; and a crotch bottom of the shaping-pants liner is also connected by stitching to or attached stitchlessly to a crotch bottom of the outer trousers body; and wherein the pants portion has a butt-lifting shaping portion configured to correspond to positions below butts, and the butt-lifting shaping portion is made of a double-layer elastic fabric.
However, attention is directed to Horn teaching an analogous garment with lifting features (abstract of Horn). Specifically, Horn teaches trousers (11) with an elastic panel assembly (41) (interpreted as a shaping-pants liner) having an inseam (para 0042); wherein the shaping-pants liner is located inside and completely covered by the outer trouser body (see figs. 1 and 2 of Horn illustrating an outside view of the garment such that no portion of the elastic panel assembly is visible and is completely covers by the other portions of the garment 11); wherein the upper end of the elastic panel assembly is connected by stitching to the corresponding part of the garment (11) (para 0040); wherein the elastic panel assembly (41) is connected to the garment (11) at a crotch bottom of crotch (19) by sewing seams (paras 0039-0042 of Horn).
It would have been obvious to one of ordinary skill in the art before the effective filing date wherein McKenzie would be modified wherein the undergarment (200) would be paired with, and integrated into, an outer garment in the form of trousers, such that the outer garment completely covers the undergarment, and are connected to each other such that an upper end of McKenzie’s elastic panel assembly is connected by stitching to a corresponding part of Horn’s outer garment, and wherein a crotch bottom of McKenzie’s elastic panel assembly is also connected by stitching to a crotch bottom of Horn’s outer garment, for purposes of providing an integrated garment to enhance the appearance of the outer garment by shaping and supporting the body parts of a wearer, as taught by Horn (para 0019 of Horn).
As modified, McKenzie does not specifically disclose wherein the abdomen-constricting shaping portion is made of a double-layer elastic fabric; wherein the crotch of the pants portion is made of an antimicrobial fabric; wherein inseams of the pants portion are made of an antifriction fabric; wherein the abdomen-constricting shaping portion is made of a double-layer elastic fabric; and wherein the pants portion has a butt-lifting shaping portion configured to correspond to positions below butts, and the butt-lifting shaping portion is made of a double-layer elastic fabric.
However, attention is directed to Kudo teaching an analogous garment for improving the shape of the body of the person wearing the garment (col. 1, lines 5-9 and 27-33 of Kudo). Specifically, Kudo teaches an abdomen-constructing shaping portion is made of two layers of elastic cloth (21 and 22) for purpose of increasing the suppression of the abdomen from bulging out (col. 2, lines 9-34 of Kudo).
It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the front stomach portion of the McKenzie would be further modified to comprise a double-layer elastic fabric for purposes increasing the suppression of the abdomen from bulging out, as taught by Kudo (col. 2, lines 9-34 of Kudo).
As modified, McKenzie does not specifically disclose wherein the crotch of the pants portion is made of an antimicrobial fabric; wherein inseams of the pants portion are made of an antifriction fabric; and wherein the pants portion has a butt-lifting shaping portion configured to correspond to positions below butts, and the butt-lifting shaping portion is made of a double-layer elastic fabric.
However, attention is directed to Braunstein teaching an undergarment (10) wherein the crotch panel (12) is treated with antimicrobial compound that is designed to inhibit growth of yeast and kill bacteria (col. 1, lines 53-66 of Braunstein).
It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified McKenzie would be further modified wherein the crotch of the pants portion is treated with antimicrobial compound that is designed to inhibit growth of yeast and kill bacteria, as taught by Braunstein (col. 1, lines 53-66 of Braunstein).
As modified, McKenzie does not specifically disclose wherein inseams of the pants portion are made of an antifriction fabric; and wherein the pants portion has a butt-lifting shaping portion configured to correspond to positions below butts, and the butt-lifting shaping portion is made of a double-layer elastic fabric.
However, attention is directed to Wipranik teaching a trouser with an inseam (abstract of Wipranik). Specifically, Wipranik teaches an object of the invention is to minimize friction and chafing of the inner thighs (para 0007 of Wipranik) with an inseam made of a frictionless panel (3) made of Coolmax ®, a known type of polyester) (para 0014 of Wipranik).
It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified McKenzie would be further modified wherein the inseams of the pants portion are made of an antifriction fabric, such as Coolmax ®, a known type of polyester, for purposes of minimizing friction and chafing of the inner thighs, as taught by Wipranik (para 0007 and 0014 of Wipranik).
As modified, McKenzie does not specifically disclose wherein the pants portion has a butt-lifting shaping portion configured to correspond to positions below butts, and the butt-lifting shaping portion is made of a double-layer elastic fabric.
However, attention is directed to Mamiye teaching an analogous inner panel for a garment (abstract of Mamiye). Specifically, Mamiye teaches right outer portion (14a) of the right rear panel (22a) and the left outer portion (14b) of the left rear panel (22b) can be constructed or made of two layers of fabric, and can therefore be two ply (i.e., double-ply) along the perimeter edges of the buttocks area for providing the buttocks area of the wearer to appear tighter, smaller, firmer and give a more curvaceous appearance to the wearer and to others (para 0029 of Mamiye), and are made of an elastic material (para 0027 of Mamiye).
It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the pants portion of McKenzie would be modified to comprise a butt-lifting shaping portion configured to correspond to positions below butts, and the butt-lifting shaping portion is made of a double-layer elastic fabric, along the perimeter edges of the buttocks area, for providing the buttocks area of the wearer to appear tighter, smaller, firmer and give a more curvaceous appearance to the wearer and to others, as taught by Mamiye (para 0029 of Mamiye),
For claim 2, the modified McKenzie teaches the trousers with the shaping-pants liner according to Claim 1, wherein the outer trousers body straight-leg trousers (see discussion for claim 1, and specifically the teachings of Horn wherein the pants 11 (interpreted as the trousers) are straight) (also see para 0037 of Horn).
For claim 3, the modified McKenzie teaches the trousers with the shaping-pants liner according to Claim 1, wherein the pants portion has a form of five-tenths trousers (Applicant’s specification provides: “fifth trousers, with the waist-abdomen portion in a middle-waist form,” is interpreted as meaning a mid-rise waist pant, see para 0042 of the specification) (see fig. 4 of McKenzie teaching same).
For claim 4, the modified McKenzie teaches the trousers with the shaping-pants liner according to Claim 1, wherein the shaping-pants liner is wholly made of a body-shaping elastic fabric (para 0055, elastic fabric. Since Horn discloses the shaping-pants liner is made of an elastic fabric, there would be a reasonable expectation that said fabric is capable of body-shaping because elastic fabrics are known to wrap and take the shape of the body part they are disposed on).
For claim 7, the modified McKenzie teaches the trousers with the shaping-pants liner according to Claim 1, but does not specifically disclose wherein the shaping-pants liner is further provided with side seams, which are partially or wholly connected by stitching to or attached stitchlessly to side seams of the outer trousers body.
However, attention is again directed to Horn teaching elastic panel is attached to the garment at outer side seams 31, para 0046, by sewing seams, to provide a more secure fit between the under garment and over garment (paras 0039 and 0042 of Horn).
It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified McKenzie would be further modified wherein the shaping-pants liner is further provided with side seams, which are partially or wholly connected by stitching to side seams of the outer trousers body to provide a more secure fit between the under garment and over garment, as taught by Horn (paras 0039 and 0042 of Horn).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICK I LOPEZ whose telephone number is (571)272-3262. The examiner can normally be reached Monday - Friday: 9:00am - 5:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at (571) 272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICK I LOPEZ/Examiner, Art Unit 3732
/KHOA D HUYNH/Supervisory Patent Examiner, Art Unit 3732
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