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 .
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 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.
DETAILED ACTION
This is in response to an amendment filed on 9/2/2025 in which claims 1-20 were presented for examination of which claims 2-3 were withdrawn as being drawn to non-elected species.
Election/Restrictions
Claims 2-3 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/2/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/20/2023 was considered by the examiner.
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 free binding end must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Objections
Claims 4 and 16 are objected to because of the following informalities: change “the midpoint” to –a midpoint—(claims 4 and 16) and change “coupling elements” to –the coupling elements (claim 4). Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, these claims recite human body parts, of which limitations positively reciting non-statutory subject matter.
Claims 1, 6-7, 10, 11-12 recites positively body parts, it is recommended to utilize “configured to” to overcome the rejection, for example, “length sufficient to bind” change to –sufficiently configured to bind--.
Claims 2-5, 8-9 and 13-14 are rejected because they depend directly or indirectly on rejected claims.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 10-12 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Landa et al. (U.S. Patent No. 7,168,096 B1).
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Regarding claim 1, Landa et al. “Landa” discloses a piece of lingerie (See Fig. 1 identifier 10), comprising:
a main body of the piece of lingerie (See annotated Fig. A above); and
at least one binding strap (See Fig. A) fixedly or removably coupled to the main body (See Fig. A);
wherein, when the lingerie is worn on a body of a wearer (See Figs. 1-3 and A):
the binding strap (See Fig. A) comprises a tension anchor (See Fig. A) proximate to the body of the wearer (See Fig. A) and at least one free binding end (See Fig. A) extending distally from the tension anchor (See Fig. A);
the binding end (See Fig. A) is connected to the main body of the piece of lingerie at or via the tension anchor (See Figs. 1-3 and A);
the tension anchor (See Fig. A) is disposed at or proximate a specific anatomical location on the body of the wearer (along the spine of the wearer as shown in Fig. A); and
the binding end of the binding strap (See Fig. A) has a length sufficient to bind at least one limb of the wearer to said limb or to another limb of the wearer (Figs. 1-2 and A clearly illustrates that the length is sufficient to bind around the neck of the wearer wherein the neck is considered as a limb).
Regarding claim 4, Landa discloses a piece of lingerie wherein:
the binding strap (See Fig. A) is detachably coupled to the piece of lingerie via at least one pair of coupling elements (See Fig. 3 identifier 27 right and left sides); and
the tension anchor (See Fig. A) is substantially at the midpoint between coupling elements of the at least one pair of coupling elements (See Figs. 3 and A).
Regarding claim 5, Landa discloses a piece of lingerie wherein the tension anchor (See Fig. A) is disposed over or substantially proximate to one or more of: the spine of the wearer; the sternum of the wearer, or below the sternum and collinear therewith; and the sides of the torso of the wearer (Fig. A illustrates that it is along the spine of the wearer).
Regarding claims 6 and 11, Landa discloses a piece of lingerie wherein the piece of lingerie is a brassiere (See Figs. 1-3 and A) and the tension anchor is disposed at one or more of:
a laterally central rear location of the brassiere, such that the tension anchor disposed over or substantially proximate the spine of the wearer when the brassiere is worn; and a laterally central front location of the brassiere, such that the tension anchor disposed over or substantially proximate the sternum of the wearer when the brassiere is worn (Fig. A illustrates that the tension anchor is disposed over or substantially proximate the spine of the wearer when the brassiere is worn).
Regarding claims 7 and 12, Landa discloses a piece of lingerie wherein the piece of lingerie is a panties and the tension anchor is disposed at one or more of: a laterally central rear location of the panties, such that the tension anchor disposed over or substantially proximate the lower spine, sacrum, or coccyx of the wearer when the panties are worn; a laterally central front location of the panties, such that the tension anchor disposed over or substantially proximate the pubic region of the wearer when the panties are worn; and opposing side locations of the panties, such that tension anchors are disposed over left and right sides of the iliac or lumbar regions of the wearer when the panties are worn (Fig, 1 illustrates the position is a laterally central front location of the panties, such that the tension anchor disposed over or substantially proximate the pubic region of the wearer when the panties are worn).
Regarding claim 10, Landa et al. “Landa” discloses a piece of lingerie (See Fig. 1 identifier 10), comprising:
a main body of the piece of lingerie (See annotated Fig. A above); and
at least one binding strap (See Fig. A) coupled or couplable to the main body (See Figs. 3 and A);
wherein, when the lingerie (10) is worn on a body of a wearer (as shown in Figs 1-3 and A):
the binding strap (See Fig. A) comprises a tension anchor (See Fig. A) disposed at or proximate a specific anatomical location on the body of the wearer (Fig. A illustrates that the specific anatomical location on the body of the wearer along the spine of the wearer), and at least one free binding end (See Fig. A) extending distally from the tension anchor (as clearly shown in Fig. A);
the tension anchor (See Fig. A) is coupled to the main body of the piece of lingerie at an attachment point or via at least one coupling element (Fig. 3 illustrates a coupling element 27);
the binding end (See Fig. A) is connected to the piece of lingerie at or via the tension anchor (See Fig. A);
the binding end of the binding strap (See Fig. A) has a length sufficient to bind at least one limb of the wearer to said limb or to another limb of the wearer (Figs. 1-2 and A clearly illustrates that the length is sufficient to bind around the neck of the wearer wherein the neck is considered as a limb); and
the specific anatomical location is one or more of along the spine of the wearer, along or below the sternum of the wearer and collinear therewith, and along the sides of the torso of the wearer (Fig. A illustrates a spine of the wearer as explained above).
Regarding claims 15-18, Linda has been previously discussed, but their teachings will again be summarized below. Linda discloses a piece of lingerie having a bra and panty portions having a main body, binding strap and tension anchor. Under the principles of anticipation, if a prior art device, in its normal and usual operation, would inherently perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir.1986). MPEP 2112.02
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 of this title, 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 8, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Landa et al. (U.S. Patent No. 7,168,096 B1).
Regarding claims 8, 13 and 19, Landa discloses a piece of lingerie wherein the binding strap has a length and width.
Landa does not disclose that the binding strap length is between 1.0 m and 3.0 m and a width between 3 cm and 40 cm.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the binding strap length is between 1.0 m and 3.0 m and a width between 3 cm and 40 cm in order to customize he intended use of the garment, for example, a garment made for young women may require shorter and narrower strap than a garment made for adult women, since where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations.
Claims 9, 14 and 20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Landa et al. (U.S. Patent No. 7,168,096 B1) in view of Bertoli (U.S. Pub. No. 2021/0145649 A1).
Regarding claims 9, 14 and 20, Landa discloses the invention substantially as claimed above.
Landa does not disclose that the binding strap has a stretch percentage in the range of 0% to 7%.
However, Bertoli teaches yet another piece of lingerie worn on the upper torso of a wearer (See Figs. 1-2), having a binding strap (shown as a shoulder strap) wherein the straps are inelastic (claim 6) therefore they are interpreted as having 0% stretch.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have manufactured Landa device with the binding strap has a stretch percentage in the range of 0% to 7% as taught by Bertoli in order to enhance fit and improve comfort to the wearer.
Conclusion
The prior art made of record and not relied upon is considered (See PTO-892) pertinent to applicant's disclosure.
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/KHALED ANNIS/Primary Examiner, Art Unit 3732