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 .
Any References cited but not appearing in any current Form 892 may be found in previous Form 892’s or IDS’s.
Response to Amendment
The amendment to the claims filed on 11/28/2025 has been entered. In the amendment, claims 1 and 4-5 are amended. Claims 3 and 8 are cancelled. Claims 1-2 and 4-7 are pending.
The amendment to claim 4 overcomes the objection with regard to that claim.
The amendment to claim 4 overcomes the 112b rejection with regard to that claim.
The cancellation of claim 8 renders the objection to that claim moot and renders the 112b rejection with regard to that claim moot.
Response to Arguments
Applicant's arguments filed 11/28/2025 have been fully considered but they are not persuasive. Applicant argues at page 4 that:
The Examiner incorrectly equates a "seam" with a "closure," citing paragraph [0070] of Erkus. A seam, as disclosed in Erkus, is a permanent joining of fabric panels. In contrast, a closure, as understood in the art and described in Applicant's Specification at paragraph [0015], is a releasable fastening mechanism, such as a "hook and look, hook and eye, zip fastener, magnetic fastener, or adhesive fastener." Erkus makes no disclosure of any such releasable fastening structure. Because Erkus fails to disclose a closure, it cannot anticipate amended claim 1.
Examiner respectfully submits that the arguments are not persuasive. Examiner respectfully submits that a closure is defined as “something that closes”, merriamwebster.com. A seam is a closure in that as it joins two fabric panels together an opening between the panels is closed as in Erkus ([0114]) and thus it is a closure i.e. something that closes.
In response to applicant's argument at page 4 that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a closure is a releasable fastening mechanism, such as a hook and loop, hook and eye, zip fastener, magnetic fastener or adhesive fastener) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s arguments, see pages 4 and 5, filed 11/28/2025, with respect to the rejection(s) of claim(s) 4 and 5 under 102 and 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 previously cited Erkus (US 2018/0049482) with regard to claim 4, and in view of previously cited Erkus (US 2018/0049482) in view of previously cited Szilagy (US 2021/0145084) with regard to claim 5.
Applicant’s arguments, see pages 4 and 5, filed 11/28/2025, with respect to the rejection(s) of claim(s) 2 and 3 under 102 and 103 have been fully considered and are persuasive. Claim 3 was cancelled and thus the rejection to claim 3 is moot. Claim 3 was incorporated into claim 1 to incorporate the element of one or more closures. Thus, the scope of claim 2 has been amended to now include the element of a closure (as it depends from claim 1 which now incorporates claim 3) in addition to itself including the limitation of the entire garment being seamless, which limitations Erkus does not disclose as its closure is a seam. Therefore, the rejection has been withdrawn with regard to claim 2. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited Pullen (2022/0296429) and previously cited Erkus (US 2018/0049482).
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites “wherein at least one of the one or more regions is a compression region…the compression regions providing medium to high compression”. However, “the compression regions” were not previously introduced. The recitation of “one or more regions is a compression region” was introduced. Therefore, for clarity, the claim should be amended to recite --one or more compression regions providing medium to high compression--. Appropriate correction is required.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Erkus (US 2018/0049482).
Regarding claim 1, Erkus discloses a fashion garment (Fig. 6; [0147];[0100]; [0092]; [0093];[0091]; NOTE: panels are combined to form a pant leg, pair of pants or jeans or a pair of tights, which are a fashion garment) comprising: a single layer of fabric (10) ([0096]; [0099]; [0098]) having one or more regions (12, 14, 16, 18, 20, 22, 24, 26) wherein at least one of the one or more regions is a compression region ([0099]; [0106]; [0132]) made of at least one elastic fiber material and at least one hard fiber material ([0093]; [0095]; [0096]; [0098]; [0099]; NOTE: Applicant’s specification at [0016] provides that hard fibers are non elastic thus the inelastic fibers of Erkus are hard fibers; Also NOTE: Erkus recites that inelastic and elastic fibers that extend in the warp and weft directions may be used and also that elastic yarns may be used that include an elastic core of elastic fibers and an inelastic sheath covering the core and as recited in the abstract US Pub. No. 2013/0260129 which is incorporated by reference the sheath comprises inelastic fibers and as front and rear panel are formed of fabric 10 and fabric 10 makes a pant leg that has compression regions, the compression regions are formed of fabric 10 which includes at least one elastic fiber material and at least one hard fiber material), each of the compression regions configured to fit around and apply pressure to a region of a wearer's body ([0070]; [0091]; [0020]; capable of intended use, Fig. 6), the compression regions providing medium to high compression ([0121]; [0132]; per Applicant’s specification 8mm/Hg to 30mm/Hg is moderate to firm compression interpreted as medium to high compression and at [0121] Erkus discloses the desired garment compression is the desired compression class and is for example 8-15 mm/Hg which falls within the range of medium to high and which is an example of compression at the various locations of the garment); one or more closures configured for securing the fashion garment around a wearer's body ([0070]; NOTE: seam or seams are closures; a closure is defined as “something that closes”, merriamwebster.com. A seam is a closure in that as it joins two fabric panels together an opening between the panels is closed as in Erkus ([0114]).
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 Pullen (US 2022/0296429) in view of Erkus (US 2018/0049482).
Regarding claim 1, Pullen discloses a fashion garment (100) ([0061], [0062], shirt, pant, shin guard or socks) comprising: a single layer of fabric ([0059], Fig. 1, tubular garment and the two surfaces 102, 104 make up a single layer as seen in Fig. 1; [0089], two or more yarns in a single layer; [0092], warp knit fabric in Fig. 5A is a single layer) having one or more regions (102, 104 ([0059]) wherein at least one of the one or more regions is a compression region [0062]), each of the compression regions configured to fit around and apply pressure to a region of a wearer's body ([0062], compression force provided by garment to the portion of the wearer’s body under the garment); one or more closures ([0065]; adjustable elastic band, hook and loop closure) configured for securing the fashion garment around a wearer's body ([0065]; capable of intended use).
Pullen does not explicitly disclose a compression region made of at least one elastic fiber material and at least one hard fiber material; the compression regions providing medium to high compression.
Pullen teaches in the Background section that fabric of compression garments is made of at least one elastic fiber material and at least one hard fiber material ([0002], fabric of compression garments typically includes fibers which blend materials including polyester, thermoplastic polyurethane elastomers [“spandex”], and nylon, which results in a fabric that slides relatively easy against skin and many other surfaces; NOTE: per applicant’s specification [0016] spandex is an example of an elastic material and nylon is an example of a material that is a hard non-elastic material).
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 compression region of the fashion garment of Pullen is made of at least one elastic fiber material and at least one hard fiber material as taught by Pullen in order to provide an improved fashion garment that results in a fabric that slide relatively easy against skin and many other surfaces.
Pullen as combined discloses the invention as described above.
Pullen does not explicitly disclose the compression regions providing medium to high compression.
Erkus teaches an analogous fashion garment (Fig. 6; [0147];[0100]; [0092]; [0093];[0091]; NOTE: panels are combined to form a pant leg, pair of pants or jeans or a pair of tights, which are a fashion garment) comprising: an analogous single layer of fabric (10) ([0096]; [0099]; [0098]) having one or more analogous regions (12, 14, 16, 18, 20, 22, 24, 26) wherein at least one of the one or more regions is an analogous compression region ([0099]; [0106]; [0132]) made of at least one analogous elastic fiber material and at least one analogous hard fiber material ([0093]; [0095]; [0096]; [0098]; [0099]; NOTE: Applicant’s specification at [0016] provides that hard fibers are non elastic thus the inelastic fibers of Erkus are hard fibers; Also NOTE: Erkus recites that inelastic and elastic fibers that extend in the warp and weft directions may be used and also that elastic yarns may be used that include an elastic core of elastic fibers and an inelastic sheath covering the core and as recited in the abstract US Pub. No. 2013/0260129 which is incorporated by reference the sheath comprises inelastic fibers and as front and rear panel are formed of fabric 10 and fabric 10 makes a pant leg that has compression regions, the compression regions are formed of fabric 10 which includes at least one elastic fiber material and at least one hard fiber material), each of the compression regions configured to fit around and apply pressure to a region of a wearer's body ([0070]; [0091]; [0020]; capable of intended use, Fig. 6), the compression regions providing medium to high compression ([0121]; [0132]; per Applicant’s specification 8mm/Hg to 30mm/Hg is moderate to firm compression interpreted as medium to high compression and at [0121] Erkus discloses the desired garment compression is the desired compression class and is for example 8-15 mm/Hg which falls within the range of medium to high and which is an example of compression at the various locations of the garment);
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 compression regions of the fashion garment of Pullen are providing medium to high compression as taught by Erkus, in order to provide an improved fashion garment that facilitates providing the desired garment compression (Erkus, [0121]).
Regarding claim 2, Pullen as combined in view of Erkus discloses the invention as described above.
Pullen further discloses wherein the entire garment is seamless ([0063]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erkus (US 2018/0049482) as applied to claim 1 above.
Regarding claim 4, Erkus in an embodiment of Fig. 6 discloses the invention as described above with regard to claim 1.
Erkus does not explicitly disclose in an embodiment of Fig. 6 wherein regions of the one or more regions that are not compression regions are configured to provide a defined and contoured silhouette.
Erkus in an embodiment of Fig. 7 teaches an analogous garment (pants, [01555]) comprising a single layer of fabric ([0155]) having one or more analogous regions (12, 14, 15, 18, 20, 53) wherein at least one of the regions is an analogous compression region ([0155], compression applied by the garment at various axial locations) wherein regions (53) ([0155], circumferential garment portion 53 has regions itself e.g. a front, back and/or side region) of the one or more regions that are not compression regions ([0155], regions 53 are a non-compression garment portion which may be formed of a non-elastic fiber) are configured to provide a defined and contoured silhouette ([0155], a circumferential portion 53 is defined as having a circumferential shape as it is a circumferential garment portion [Fig. 7] and it is contoured in that a circumference is curved).
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 single layer of fabric of the fashion garment of the Erkus in a first embodiment that are not compression regions are configured to provide a defined and contoured silhouette as taught by Erkus in a second embodiment in order to provide an improved fashion garment that has non-uniform circumferential compression along the axial direction, including portions with zero compression (Erkus, [0155]).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erkus (US 2018/0049482) in view of Szilagy (US 2021/0145084).
Regarding claim 5, Erkus discloses a fashion garment (embodiment of Fig. 6; [0147];[0100]; [0092]; [0093];[0091]; NOTE: panels are combined to form a pant leg, pair of pants or jeans or a pair of tights, which are a fashion garment) comprising: a single layer of fabric (10) ([0096]; [0099]) having one or more regions (12, 14, 16, 18, 20, 22, 24, 26) wherein at least two of the one or more regions are compression regions ([0099]; [0106]; [0132]) made of at least one elastic fiber material and at least one hard fiber material ([0093]; [0095]; [0096]; [0098]; [0099]; NOTE: Applicant’s specification at [0016] provides that hard fibers are non elastic thus the inelastic fibers of Erkus are hard fibers; Also NOTE: Erkus recites that inelastic and elastic fibers that extend in the warp and weft directions may be used and also that elastic yarns may be used that include an elastic core of elastic fibers and an inelastic sheath covering the core and as recited in the abstract US Pub. No. 2013/0260129 which is incorporated by reference the sheath comprises inelastic fibers and as front and rear panel are formed of fabric 10 and fabric 10 makes a pant leg that has compression regions, the compression regions are formed of fabric 10 which includes at least one elastic fiber material and at least one hard fiber material), the compression regions each configured to fit around and apply pressure to a region of a wearer's body ([0070]; [0091]; [0020]; Fig. 6; capable of intended use).
Erkus further provides the garment compression at various locations is the desired compression which includes various ranges of compression forces ([0121]).
Erkus in an embodiment of Fig. 6 does not explicitly disclose that wherein a first of the at least two compression regions provides medium compression and a second of the at least two compression region provides high compression, and wherein regions of the one or more regions that are not compression regions are configured to provide a defined and contoured silhouette.
Erkus in an embodiment of Fig. 7 teaches an analogous garment (pants, [01555]) comprising a single layer of fabric ([0155]) having one or more analogous regions (12, 14, 15, 18, 20, 53) wherein at least one of the regions is an analogous compression region ([0155], compression applied by the garment at various axial locations) wherein regions (53) ([0155], circumferential garment portion 53 has regions itself e.g. a front, back and/or side region) of the one or more regions that are not compression regions ([0155], regions 53 are a non-compression garment portion which may be formed of a non-elastic fiber) are configured to provide a defined and contoured silhouette ([0155], a circumferential portion 53 is defined as having a circumferential shape as it is a circumferential garment portion [Fig. 7] and it is contoured in that a circumference is curved).
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 single layer of fabric of the fashion garment of the Erkus in a first embodiment that are not compression regions are configured to provide a defined and contoured silhouette as taught by Erkus in a second embodiment in order to provide an improved fashion garment that has non-uniform circumferential compression along the axial direction, including portions with zero compression (Erkus, [0155]).
Erkus as combined does not explicitly disclose that wherein a first of the at least two compression regions provides medium compression and a second of the at least two compression region provides high compression,
Szilagy teaches an analogous fashion garment (310) comprising at least two analogous compression regions (352, 354), the at least two analogous compression regions each configured to fit tight around and apply pressure to a region of the wearer’s body (Fig. 11A-D, [0084]; capable of intended use), wherein a first of the at least two compression regions provides medium compression ([0087]; [0084]) and a second of the at least two compression regions comprises high compression ([0084]; [0086]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that a first of the at least two compression regions of the fashion garment of Erkus as combined provides medium compression and a second of the at least two compression regions of the fashion garment of Erkus provides high compression, as taught by Szilagy, in order to provide an improved fashion garment that facilitates body shaping (Szilagy, [0087]) and that facilitates motion support (Szilagy, [0086]).
Regarding claim 6, Erkus as combined in view of Szilagy discloses the invention as described above with regard to claim 5.
Erkus in view of Szilagy as combined does not disclose wherein the entire garment is seamless.
Szilagy teaches an analogous fashion garment (200) having one or more analogous regions (352, 354) wherein at least one or more of the analogous regions is a compression region ([0084]), wherein the entire garment is seamless ([0071]; [0067]).
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 entire garment of the fashion garment of Erkus as combined in view of Szilagy is seamless, as taught by Szilagy, in order to provide an improved fashion garment that facilitates coupling of regions of the fashion garment by knitting (Szilagy, [0067]).
Regarding claim 7, Erkus as combined in view of Szilagy discloses the invention as described above with regard to claim 5.
Erkus further discloses further comprising one or more closures ([0070]; NOTE: seam or seams are closures; a closure is defined as “something that closes”, merriamwebster.com. As seam is a closure in that as it joins two fabric panels together an opening between the panels is closed as in Erkus ([0114]) configured for securing the fashion garment around a wearer's body (capable of intended use).
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.
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/G.M./Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786