DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment of 06/13/25
This action supersedes the action mailed on 07/02/25.
The period for reply runs from the mailing of this supplemental action.
Specification
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: “a top-to-bottom direction of the garment structure” as amended into claims 1, 11 and 21.
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 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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 2-9, 11-12, 14-16 and 18-21 is/are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Caillibotte et al. (US 2005/0193461).
In regard to claim 2, Caillibotte et al. teaches an article of apparel (figures 6A-6C), comprising: a garment structure for covering at least a portion of a human torso, wherein the garment structure includes a top, a bottom, a left side, and a right side, (figures 6A-6C and paragraph 0036 and 0054), wherein the garment structure is structured and arranged so as to provide a close fit to a lower back of the human torso (paragraph 0046), a first component engaged with the garment structure (elasticity element: 20), wherein the first component comprises a first material layer having a resistance to stretch that is greater than a resistance to stretch of a material making up a largest proportion of the garment structure (paragraph 0046 and 0049), wherein the first component includes: (a) a first base area extending along a first side of a central spine region of the garment structure (see annotated Figure 6A below), and (b) a first plurality of vertically spaced legs extending from the first base area, along a back region of the garment structure, and toward a first side of the garment structure (see annotated Figure 6A below); wherein the first plurality of vertically spaced legs are spaced apart from one another in the top-to-bottom direction of the garment structure and a second component engaged with the garment structure (see annotated Figure 6A below), wherein the second component comprises a second material layer having a resistance to stretch that is greater than the resistance to stretch of the material making up the largest proportion of the garment structure (paragraphs 0046 and 0049), wherein the second component includes: (a) a second base area extending along a second side of the central spine region of the garment structure and spaced from the first base area (see annotated figure 6A below), and (b) a second plurality of vertically separated legs extending from the second base area, along the back region of the garment structure and toward a second side of the garment structure (see annotated figure 6A below), wherein the second plurality of vertically spaced legs are spaced apart from one another in the top-to-bottom direction of the garment structure (see annotated figure 6A below).
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In regard to claim 3, Caillibotte et al. teaches wherein the garment structure constitutes a shirt, blouse or tank top (paragraphs 0036 and 0054).
In regard to claim 4, Caillibotte et al. teaches wherein each of the first material layer and the second material layer is engaged with the garment structure by an adhesive material (adhesive: paragraph 0046).
In regard to claim 5, Caillibotte et al. teaches wherein each of the first material layer and the second material layer comprises a thermoplastic polymeric material (see paragraph 0048).
In regard to claim 6, Caillibotte et al. teaches wherein the material making up the majority of the garment structure comprises an elastomeric material or a polyester material (see paragraph 0046).
In regard to claim 7, Caillibotte et al. teaches wherein each of the first material layer and the second material layer is engaged with the garment structure by an adhesive material (adhesive: paragraph 0046).
In regard to claim 8, Caillibotte et al. teaches wherein each of the first material layer and the second material layer comprises a thermoplastic polymeric material (paragraph 0048).
In regard to claim 9, Caillibotte et al. teaches wherein the first plurality of vertically spaced legs includes a first leg and a second leg, wherein each of the first leg and the second leg has an overall length dimension measured from a free end of the respective leg to an opposite end of the first base area of at least 10 cm (see figure 6A-6C, legs extend along the back, and sides of the wearer, which on a standard size wearer would be at least 10 cm); and wherein the second plurality of vertically spaced legs includes a third leg and a fourth leg, wherein each of the third leg and the fourth leg has an overall length dimension measured from a free end of the respective leg to an opposite end of the second base area of at least 10 cm (see figure 6A-6C, legs extend along the back and sides of the wearer, which on a standard size wearer would be at least 10 cm).
Claims 11 and 21 are rejected with one embodiment of Caillibotte et al.:
In regard to claims 11, Caillibotte et al. teaches an article of apparel (see figure 6A), comprising: a garment structure for covering at least a portion of a human torso (figure 6A and paragraphs 0036 and 0054), wherein the garment structure includes a top, a bottom, a left side, and a right side (see figure 6A) and wherein the garment structure is structured and arranged so as to provide a close fit to a lower back of the human torso (paragraph 0046), a first component engaged with the garment structure (elasticity element: 20), wherein the first component comprises a first material layer having a resistance to stretch that is greater than a resistance to stretch of a material making up a largest proportion of the garment structure (paragraph 0046 and 0049), wherein the first component includes: (a) a first base area extending along a first side of a central spine region of the garment structure (see annotated Figure 6A above), and (b) a first plurality of vertically staggered legs extending from the first base area, along a back region of the garment structure, and toward a first side of the garment structure (see annotated Figure 6A above).
In regard to claim 21, Caillibotte et al. teaches wherein the first plurality of vertically spaced legs extend from the first base area toward the left side of the garment structure (see annotated figure 6A above), and wherein the article of apparel further comprises: a second component formed separate from and attached to the garment structure (see annotated Figure 6A above), wherein the second component comprises one or more layers of material, wherein the one or more layers comprises a second material layer having a resistance to stretch that is greater than the resistance to stretch of the material making up the largest proportion of the garment structure (paragraphs 0046 and 0049), wherein the second component includes: (a) a second base area extending along a second side of the central spine region of the garment structure (see annotated figure 6A above), and (b) a second plurality of vertically spaced legs extending from the second base area, along the back region of the garment structure and toward a second side of the garment structure (see annotated figure 6A above); wherein the second plurality of vertically spaced legs are spaced apart from one another in the top-to-bottom direction of the garment structure (see figure 6A above).
Claims 11-12, 13-16 and 18-20 are rejected with another embodiment of Caillibotte et al.:
In regard to claims 11, Caillibotte et al. teaches an article of apparel (see figures 5A-5B), comprising: a garment structure for covering at least a portion of a human torso (figure 5A-5B and paragraphs 0036 and 0054), wherein the garment structure includes a top, a bottom, a left side, and a right side (see figure 5A-5B) and wherein the garment structure is structured and arranged so as to provide a close fit to a lower back of the human torso (paragraph 0046), a first component engaged with the garment structure (elasticity element: 20), wherein the first component comprises a first material layer having a resistance to stretch that is greater than a resistance to stretch of a material making up a largest proportion of the garment structure (paragraph 0046 and 0049), wherein the first component includes: (a) a first base area extending along a first side of a central spine region of the garment structure (see annotated Figure 5A-5B below), and (b) a first plurality of vertically staggered legs extending from the first base area, along a back region of the garment structure, and toward a first side of the garment structure (see annotated Figures 5A-5B below).
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In regard to claim 12, Caillibotte et al. teaches wherein the first plurality of vertically separated legs includes a first leg and a second leg spaced from the first leg in the top-to-bottom direction of the garment structure, wherein each of the first leg and the second leg has an overall length dimension measured from a free end of the respective leg to an opposite end of the first base area of at least 10 cm (see figures 5A-5B, legs extend along the back and sides of the wearer, which on a standard size wearer would be at least 10 cm).
In regard to claim 14, Caillibotte et al. teaches wherein each of the first material layer and the second material layer is engaged with the garment structure by an adhesive material (adhesive: paragraph 0046).
In regard to claim 15, Caillibotte et al. teaches wherein each of the first material layer and the second material layer comprises a thermoplastic polymeric material (see paragraph 0048).
In regard to claim 16, Caillibotte et al. teaches wherein the material making up the largest proportion of the garment structure comprises an elastomeric material or a polyester material (see paragraph 0046).
In regard to claim 18, Caillibotte et al. teaches wherein the garment structure constitutes a shirt, blouse or tank top (paragraphs 0036 and 0054).
In regard to claim 19, Caillibotte et al. teaches wherein each of the first material layer and the second material layer is engaged with the garment structure by an adhesive material (adhesive: paragraph 0046).
In regard to claim 20, Caillibotte et al. teaches wherein each of the first material layer and the second material layer comprises a thermoplastic polymeric material (paragraph 0048).
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 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim 13 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Caillibotte et al. (US 2005/0193461).
Caillibotte et al. teaches the first and the second leg having a leg length. However, Caillibotte et al. fails to teach wherein each of the first leg and the second leg have a leg length dimension L2 measured form the free end of the respective leg to the first base area but not including the first base area, and wherein L2 of each of the first leg and the second leg is within a range of .85 L1 to .95 L1.
In regard to claim 13, it would have been obvious before the effective filing date to one having ordinary skill in the art and through routine experimentation to have provided the leg length to be .85 to .95 of the total leg length (with base), based upon the size of the user’s body/muscles and the support needed along the those body parts/muscles, having the leg length being .85 to .95 of the total leg length would not destroy the Caillibotte et al. structure and would be within the range to fit and support some sized user’s body parts/muscles.
Claim 17 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Caillibotte et al. (US 2005/0193461) in view of Miyake et al. (US 2004/0111781).
Caillibotte et al. teaches wherein the first plurality of vertically staggered legs includes a first leg having a first free end, wherein the first leg has a first width dimension W1 provided along a majority of a longitudinal length of the first leg (see figure 5A-5B).
However, Caillibotte et al. fails to teach a first expended width dimension W2 as compared to W1 at the first free end.
In regard to claim 17, Miyake et al. teaches a support band wherein a free end of the leg/support band has an expanded width dimension W2 as comparted to other portions of the leg/support band (see figure 5, paragraph 0072).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the free end of the leg of Caillibotte et al. with an expanded portion as taught by Miyake et al., since the leg portion of Caillibotte et al. having an expanded portion as approaching the hem of the garment would provide a support band/leg with a larger surface area at the end of the band to provide greater support the user’s muscles as needed.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any interpretation applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached on (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732