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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/23/2026 has been entered.
Response to Amendment
The amendment to the claims filed on 6/23/2026 is acknowledged. In the amendment, claims 1 and 4-5 are amended. Claim 7 is cancelled. Claims 1-2 and 4-6 are currently pending.
The amendment to claim 1 overcomes the objection with regard to that claim.
Response to Arguments
Applicant’s arguments, see page 5, fourth paragraph, filed 06/23/2026, with respect to the rejection(s) of claim(s) 1 under 102 and 103 and page 8, third paragraph from the bottom, with respect to the rejection of claim 7 (which depended from claim 5) under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited Rock (US 2010/0130903) in view newly cited Drzewinski (US 2022/0372695) with regard to claim 1 and in view of newly cited Rock (US 2010/0130903), newly cited in view Sugino (US 2017/0295871), and further in view of newly cited Drzewinski (US 2022/0372695) with regard to claim 5.
Specification
The abstract of the disclosure is objected to because it includes the legal phraseology “comprising”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 4 and 5 are objected to because of the following informalities: Claim 4 and claim 5 recites “wherein regions of the one or more regions that are not compression regions” which is unclear as regions that are not compression regions was not previously introduced but the use of the word “that” is indicative that the regions that are not compression regions was previously introduced. For example, the claim could be amended to recite –wherein regions of the one or more regions include regions that are not compression regions and the regions that are not compression regions are configured to provide…--. Appropriate correction is required.
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(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rock (US 2010/0130903) in view Drzewinski (US 2022/0372695).
Regarding claim 1, Rock discloses a fashion garment (10) ([0040], pants) comprising: a single layer of fabric ([0044], the garment is formed of a single fabric layer) having one or more regions (12b, 12c) ([0044]) wherein at least one of the one or more regions is a compression region ([0040]) made of at least one elastic fiber material and at least one hard fiber material ([0048], Any suitable yarn or fibers may be employed in forming the fabric. Examples of suitable yarn or fibers include synthetic yarn or fibers formed, e.g., of polyester, nylon, or acrylic; natural yarn or fibers formed, e.g., of cotton or wool; and regenerate yarn or fibers, such as rayon; [0052], The stitch yarn 42 forming the technical face 44 of the knit fabric body 46 can also include any suitable type of synthetic or natural material in a spun yarn or a filament yarn….Compression in the band regions is achieved incorporating elastomeric yarn in the stitch yarn position; NOTE: elastomeric yarn is at least one elastic fiber material and it is disclosed as being incorporated in stitch yarn which can be any suitable type of synthetic or natural material in a spun yarn or filament yarn which suitable yarn is disclosed as being nylon [nylon per Applicant’s specification [0016] is a hard fiber material] thus at least one elastic fiber material and at least one hard fiber material is disclosed), each of the one or more compression regions configured to fit around and apply pressure to a region of a wearer's body ([0052], compression in the band regions is achieved), the one or more compression regions providing medium to high compression ([0040], compression band regions 12c [e.g., having a compression pressure of about 40 mmHg to about 80 mmHg], and tight fitting band regions 12b [e.g., having a compression pressure of about 20 mmHg to about 50 mmHg]; NOTE: band region 12c is high relative to band region 12b thus it is a high compression region).
Rock does not disclose one or more releasable closures configured for securing the fashion garment around a wearer's body.
Drzewinski teaches an analogous fashion garment (pants, or leggings, [0048], [0078]) having one or more compression regions ([0072]), the wearable garment produces a compressive force when worn) and one or more releasable closures ([0079], tie) configured for securing the fashion garment around a wearer’s body (capable of intended use; [0079] the at least one closure mechanism allows for customization of the fit of the wearable article to the wearer; [0079], In another example, the at least one closure mechanism is a tie to secure pants to a waist of a wearer; NOTE: as the pants are secured to the waist of a wearer it follows that the tie which is a releasable closure is configured for securing the garment around the wearer’s waist).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the fashion garment of Rock comprises one or more releasable closures configured for securing the fashion garment around a wearer's body, as taught by Drzewinski in order to provide an improved fashion garment that allows customization of the fit of the wearable article to the wearer (Drzewinski, [0079]).
Regarding claim 2, Rock in view of Drzewinski discloses the invention as described above.
Rock further discloses wherein the entire garment is seamless ([0042], [0013], Combining the plurality of fabric segments may include integrally forming the plurality of circumferential band regions such that the band regions are seamlessly connected).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rock (US 2010/0130903) in view Drzewinski (US 2022/0372695), as applied to claim 1 above, and further in view of Sugino (US 2017/0295871).
Regarding claim 4, Rock in view of Drzewinski discloses the invention as described above.
Rock in view of Drzewinski does not explicitly disclose wherein regions of the one or more regions that are not compression regions are configured to provide a defined and contoured silhouette to a wearer's body, wherein the regions that are not compression regions provide the defined and contoured silhouette independent of compression applied by the one or more compression regions.
Sugino teaches an analogous a fashion garment ([0034], leggings; Fig. 3C) comprising: a single layer of fabric (W) ([0029], this knitted fabric is also referred to as “material W” hereinafter) having one or more regions (101, 102, Fig. 3C; [0025]-[0026]) wherein at least one of the one or more regions is a compression region (102) ([0034], compression generating sections), each of the one or more compression regions configured to fit around ([0029], each of the compression-generating sections 102 are stretched in the thigh width direction; NOTE: thus the compression regions are configured to fit around a thigh) and apply pressure to a region of a wearer's body ([0028]-[0029]; NOTE: the compression-generating sections are stretched in a thigh width direction and thus apply pressure to a thigh; capable of intended use), the one or more compression regions providing compression ([0034]), wherein regions (101) of the one or more regions that are not compression regions ([0021], NOTE: 101 is a body section that is not part of the compression generating sections 102 and is disclosed as having a higher stretchability and thus it is not a compression region) are configured to provide a defined and contoured silhouette to a wearer's body (Fig. 1; capable of intended use), wherein the regions that are not compression regions provide the defined and contoured silhouette independent of compression applied by the one or more compression regions (capable of intended use; NOTE: Fig. 1 shows the body section 101 provides the contoured silhouette and as body section 101 does not include one or more compression regions, it provides the defined and contoured silhouette independent of the compression regions).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that regions of the one or more regions of the fashion garment of Rock in view of Drzewinski are not compression regions and that regions that are not compression regions are configured to provide a defined and contoured silhouette to a wearer's body, wherein the regions that are not compression regions provide the defined and contoured silhouette independent of compression applied by the one or more compression regions, as taught by Sugino, in order to provide an improved fashion garment that reduces the tightened feeling given to a wearer (Sugino, [0023]).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rock (US 2010/0130903) in view Sugino (US 2017/0295871), and further in view of Drzewinski (US 2022/0372695).
Regarding claim 5, Rock discloses a fashion garment (10) ([0040], pants) comprising: a single layer of fabric ([0044], the garment is formed of a single fabric layer) having one or more regions (12b, 12c) ([0044]) wherein at least two of the one or more regions are compression regions ([0040]) made of at least one elastic fiber material and at least one hard fiber material ([0048], Any suitable yarn or fibers may be employed in forming the fabric. Examples of suitable yarn or fibers include synthetic yarn or fibers formed, e.g., of polyester, nylon, or acrylic; natural yarn or fibers formed, e.g., of cotton or wool; and regenerate yarn or fibers, such as rayon; [0052], The stitch yarn 42 forming the technical face 44 of the knit fabric body 46 can also include any suitable type of synthetic or natural material in a spun yarn or a filament yarn….Compression in the band regions is achieved incorporating elastomeric yarn in the stitch yarn position; NOTE: elastomeric yarn is at least one elastic fiber material and it is disclosed as being incorporated in stitch yarn which can be any suitable type of synthetic or natural material in a spun yarn or filament yarn which suitable yarn is disclosed as being nylon [nylon per Applicant’s specification [0016] is a hard fiber material] thus at least one elastic fiber material and at least one hard fiber material is disclosed), the compression regions each configured to fit around and apply pressure to a region of a wearer's body ([0052], compression in the band regions is achieved), wherein a first of the at least two compression regions provides medium compression and a second of the at least two compression regions provides high compression ([0040], compression band regions 12c [e.g., having a compression pressure of about 40 mmHg to about 80 mmHg], and tight fitting band regions 12b [e.g., having a compression pressure of about 20 mmHg to about 50 mmHg]; NOTE: band region 12c is high relative to band region 12b and 12b is more than region 12a thus region 12b provides medium compression and regions 12c provides high compression relative to each other and region 12a).
Rock does not disclose wherein regions of the one or more regions that are not compression regions are configured to provide a defined and contoured silhouette to a wearer's body, wherein the regions that are not compression regions provide the defined and contoured silhouette independent of compression applied by the compression regions; and one or more releasable closures configured for securing the fashion garment around a wearer's body.
Sugino teaches an analogous a fashion garment ([0034], leggings; Fig. 3C) comprising: a single layer of fabric (W) ([0029], this knitted fabric is also referred to as “material W” hereinafter) having one or more regions (101, 102, Fig. 3C; [0025]-[0026]) wherein at least one of the one or more regions is a compression region (102) ([0034], compression generating sections), each of the one or more compression regions configured to fit around ([0029], each of the compression-generating sections 102 are stretched in the thigh width direction; NOTE: thus the compression regions are configured to fit around a thigh) and apply pressure to a region of a wearer's body ([0028]-[0029]; NOTE: the compression-generating sections are stretched in a thigh width direction and thus apply pressure to a thigh; capable of intended use), the one or more compression regions providing compression ([0034]), wherein regions (101) of the one or more regions that are not compression regions ([0021], NOTE: 101 is a body section that is not part of the compression generating sections 102 and is disclosed as having a higher stretchability and thus it is not a compression region) are configured to provide a defined and contoured silhouette to a wearer's body (Fig. 1; capable of intended use), wherein the regions that are not compression regions provide the defined and contoured silhouette independent of compression applied by the one or more compression regions (capable of intended use; NOTE: Fig. 1 shows the body section 101 provides the contoured silhouette and as body section 101 does not include one or more compression regions, it provides the defined and contoured silhouette independent of the compression regions).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that regions of the one or more regions of the fashion garment of Rock are not compression regions and that regions that are not compression regions are configured to provide a defined and contoured silhouette to a wearer's body, wherein the regions that are not compression regions provide the defined and contoured silhouette independent of compression applied by the one or more compression regions, as taught by Sugino, in order to provide an improved fashion garment that reduces the tightened feeling given to a wearer (Sugino, [0023]).
Rock in view of Sugino discloses the invention as described above.
Rock in view of Sugino does not disclose one or more releasable closures configured for securing the fashion garment around a wearer's body.
Drzewinski teaches an analogous fashion garment (pants, or leggings, [0048], [0078]) having one or more compression regions ([0072]), the wearable garment produces a compressive force when worn) and one or more releasable closures (tie, [0079]) configured for securing the fashion garment around a wearer’s body (capable of intended use; [0079] the at least one closure mechanism allows for customization of the fit of the wearable article to the wearer; [0079], In another example, the at least one closure mechanism is a tie to secure pants to a waist of a wearer; NOTE: as the pants are secured to the waist of a wearer it follows that the tie which is a releasable closure is configured for securing the garment around the wearer’s waist).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the fashion garment of Rock in view of Sugino comprises one or more releasable closures configured for securing the fashion garment around a wearer's body, as taught by Drzewinski in order to provide an improved fashion garment that allows customization of the fit of the wearable article to the wearer (Drzewinski, [0079]).
Regarding claim 6, Rock in view of Sugino and in further view of Drzewinski discloses the invention as described above with regard to claim 5.
Rock further discloses wherein the entire garment is seamless ([0042], [0013], Combining the plurality of fabric segments may include integrally forming the plurality of circumferential band regions such that the band regions are seamlessly connected).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GINA MCCARTHY whose telephone number is (408)918-7594. The examiner can normally be reached Monday - Friday, 7:00-3:30 PT.
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/G.M./Examiner, Art Unit 3786
/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786
