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 .
Response to Amendment
The amendment filed 9/3/25 has been entered. Claims 1-4, 7, 9-11 remain pending in the application. Applicant’s amendments to the (Specification, Drawings, and Claims) have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 6/4/25.
Claim Interpretation
Based on amendment to the term “interior”, the recitation will be interpreted as the crotch portion being located within the delineations of the outer surface of the petticoat main body as previously interpreted with the Schindler rejection (SECOND REJECTION) in previous/first office action of 6/4/25. In light of this amendment and interpretation, the U.S.C. 102 rejection with Melarti et al (US Publication 2015/0196064) (FIRST REJECTION of the previous/first office action) is not utilized in the rejection herein. Any disagreement may warrant the rejection again.
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) 1-3, 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindler (US Publication 2014/0051332) in view of Beauvais (USPN 8108947), Gollestani (USPN 4802469), and Koen (US Publication 2019/0082761).
Regarding Claim 1, Schindler teaches a body-shaping petticoat (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Figs. 18A-18D, wherein 18D shows the petticoat/camisole dress; [0070] "Figs. 18A-18D illustrate a multi-fabric multi-layer garment…Fig. 8D illustrates an inside layer…Fig. 18C illustrates an outside layer...FIG. 18A illustrates a front view of both layers together, while FIG. 18B illustrates a rear view of both layers together"; as for body-shaping-- abstract "non-compressive upper section, a slenderizing compressive middle section, and a noncompressive lower section. The slenderizing middle section can include both compressive and noncompressive materials"; [0070] “inside layer, as illustrated in Fig. 18D, includes the slenderizing middle section”), comprising
a petticoat main body (see Fig. 18D),
a front side of the petticoat main body being arranged as an abdominal pressurizing portion configured to correspond to an abdominal region (abstract "non-compressive upper section, a slenderizing compressive middle section, and a noncompressive lower section. The slenderizing middle section can include both compressive and noncompressive materials"; [0070]; Schindler teaches the compressive middle section which meets the structural limitations in the claims and performs the functions as recited such as being capable of being configured to correspond to an abdominal region depending on the size of the user, especially for modesty purposes).
Schindler does not explicitly teach and a crotch portion located at an interior of the petticoat main body,
a front end of the crotch portion being combined with the abdominal pressurizing portion,
and a rear end of the crotch portion being combined with a back side of the petticoat main body,
and the crotch portion configured to extend under a bottom crotch,
wherein the crotch portion comprises a first connecting piece and a second connecting piece,
the front end comprising a fixed end of the first connecting piece and the rear end comprising a fixed end of the second connecting piece;
the fixed end of the first connecting piece is combined with the abdominal pressurizing portion,
the fixed end of the second connecting piece is combined with the back side of the petticoat main body,
and a free end of the first connecting piece is detachably connected to a free end of the second connecting piece,
wherein a length of the first connecting piece is shorter than a length of the second connecting piece,
and a junction of the first connecting piece and the second connecting piece is configured to be correspondingly located in the bottom crotch;
the first connecting piece is a trapezoidal piece material,
and the second connecting piece is an I-shaped piece material,
which makes both a front side and aback side of the crotch portion having a T-shaped structure.
Beauvais teaches and a crotch portion located at an interior of a main body (see Figs. 1, 3, wherein crotch portion fasteners are clearly located at an interior/within the delineation of a main body; Col. 6 Lines 22-23 "hook and loop closure system having fastening components 140 and 150"; Col. 8 Lines 48-50 "second fastening component 140 is affixed to pelvic girdle flap 200 (elongated end portion 200 of loincloth 350)"; Col. 6 Lines 26-31 "hook, or rough component (first fastening component 150), that is approximately about 2 inches vertically by about 3 inches wide (or, as previously described, about 2 inches wide by about 2 inches) is positioned just above the pelvic bone in the front of the wearer on the anterior surface of garment 112"),
a front side of the main body being arranged as an abdominal portion configured to correspond to an abdominal region (Col. 6 Lines 26-31 "hook, or rough component (first fastening component 150), that is approximately about 2 inches vertically by about 3 inches wide (or, as previously described, about 2 inches wide by about 2 inches) is positioned just above the pelvic bone in the front of the wearer on the anterior surface of garment 112"; Beauvais teaches the portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of being abdominal, especially in light of 150 being just above the pelvic bone),
a front end of the crotch portion being combined with the abdominal pressurizing portion (Col. 6 Lines 26-31),
and a rear end of the crotch portion being combined with a back side of the main body (see Fig. 3; Col. 6 Lines 38-44 "The loop (or soft) portion of hook and loop closure fastening components 140 and 150 is provided with second fastening component 140 (preferably about 3/4'' inch by about 2 inches, or, alternatively as reflecting either physical size or personal preference of the wearer, about 3/4'' inch by about 3 inches) that is positioned horizontally near the end of pelvic girdle flap 200"; though interior, still interior of back side),
and the crotch portion configured to extend under a bottom crotch (see Fig. 2; Col. 6 Lines 15-22 "Wrap-around pelvic girdle flap 200 (the anterior side of the elongated end portion of loincloth 350) is open in FIG. 1, such as is the case as the wearer pulls flap 200 back through groin area 514 to behind the body (to the posterior side of the body) to eliminate wastes (that is, for sanitary voiding). Wrap-around pelvic girdle flap 200 is "closed" in FIG. 2, representing positioning for normal (non-voiding) wear"),
wherein the crotch portion comprises a first connecting piece (150) and a second connecting piece (200) (see Figs. 1, 3),
the front end comprising a fixed end of the first connecting piece and the rear end comprising a fixed end of the second connecting piece (see Figs. 1, 3);
the fixed end of the first connecting piece is combined with the abdominal pressurizing portion (see Figs. 1, 3),
the fixed end of the second connecting piece is combined with a back side of the petticoat main body (see Figs. 1, 3),
and the first connecting piece is detachably connected to a free end of the second connecting piece (see Figs. 1-3; Col. 6 Lines 15-22; Beauvais teaches the first connecting piece and a free end of the second connecting piece having hook and loop which meets the structural limitations in the claims and performs the functions as recited such as being capable of detachably connecting as recited);
wherein a length of the first connecting piece is shorter than a length of the second connecting piece (Col. 6 Lines 31-34 "The length of fastening component 150 allows for adjustability in the location of second fastening component 140 when positioned for closure to enable normal (non-voiding) wear"),
and a junction of the first connecting piece and the second connecting piece is configured to be correspondingly located in the bottom crotch (see Fig. 2; Beauvais teaches the junction which meets the structural limitations in the claims and performs the functions as recited such as being capable of being in the pubic region of the body);
and a second connecting piece is an I-shaped piece material (see Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schindler with the crotch portion of Beauvais for comfort, modesty, and convenience, such as convenience in sanitary voiding (abstract) or without wearing other underwear (see extrinsic evidence Penfield US Publication 2022/0151308 [0020]).
Modified Schindler does not explicitly teach that the first connecting piece is detachably connecting via a free end.
However, modified Schindler does teach detachably connecting via hook and loop (see Beauvais).
Gollestani teaches and a free end of the first connecting piece is detachably connected to a free end of the second connecting piece via hook and loop (see Figs. 1, 3, 6; abstract "therapeutic body suit designed to produce therapeutic pressure on the abdominal and lower abdominal body areas"; wherein crotch portion is Col. 2 Line 30 "crotch supporting binding 3", wherein Fig. 3 shows the first/second connecting pieces of crotch portion of Fig. 6, as indicated by Col. 1 Lines 41-42 "Fig. 3 shows the body suit interconnecting crotch ends from the exterior sides"; Col. 1 Lines 47-48 "Fig. 6 shows the crotch binding as viewed flat from its exterior surface"; Col. 2 Lines 26-30 "purpose of body suit 1 is to provide ...a supporting structure for (1) binding 2...(2) crotch supporting binding 3 of Figs. 1, 3", wherein Fig. 1 clearly shows Fig. 6 with element 11; as such, Figs. 1, 3 clearly disclosed as being of a same embodiment, and Figs. 1, 6 are clearly illustrated as being that same embodiment; as such, Figs. 3 and 6 are linked via Fig. 1; for detachably connecting-- Col. 2 Line 6 "crotch binding bases for body suit or waist binding"; Col. 4 Lines 17-21 "Crotch binding 3 of FIGS. 1, 6 and 8 contain attachment bases at both ends to firmly attach to matching attachment bases located either (1) on the body suit as shown in number 17 of FIG. 7, or (2) on the elastic waist binding 2 with number 10 of FIGS. 1 and 2"; via hook and loop—Col. 6 Lines 4-5 “velcro closure utilizing attachment bases”; however, even if Gollestani is not explicitly clear regarding Figs. 3 and 6 being of the same embodiment and element 11 being of hook and loop, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gollestani to be as such in order to provide various options for ease of toileting and for easier manufacturing for all connective elements to be hook and loop; for example, ease of access from the front or ease of access from underneath the crotch for aesthetic purposes).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schindler’s first connecting piece, as provided by Beauvais, to have a free end for detachably connecting as taught by Gollestani in order to provide options for ease of toileting (release from front or release from under crotch).
Modified Schindler also does not explicitly teach that the first connecting piece is a trapezoidal piece material (and therefore)
which makes both a front side and a back side of the crotch portion having a T-shaped structure.
However, Koen teaches the first connecting piece is a trapezoidal piece material (see Fig. 1 for left/right sides angled and then having parallel top/bottom sides, which constitutes trapezoidal; see Figs. 1, 4; [0040] "device 10 is detachably connected to shirt 100 via front connectors 72, 74 and rear connectors 82, 84"; [0031] "front panel 12 has…front panel front 14 and a front panel rear 16. A rear panel 22 has a rear panel front 24 and a rear panel rear 26. Rear panel front 24 is removably attachable to front panel rear 16 via a detachable connection 30, here show in the form of three hooks 32, 33, 34 and three loops 42, 43, 44, so that...a length of the device in a connected state...is adjustable"),
and a second connecting piece is an I-shaped piece material (see Fig. 1 for linear/I-shape),which makes both a front side and a back side of the crotch portion having a T-shaped structure (met inasmuch as the aforementioned shapes of the first/second pieces are taught).
A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
In other words, absent a showing of criticality with respect to the shape of the connecting pieces ([0050]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schindler’s first/second connecting pieces, as taught by Beauvais, with the shapes taught by Koen as known effective shapes for adjustability ([0031]), which Beauvais desires as well (Col. 6 Lines 31-34).
Regarding Claim 2, modified Schindler teaches all the claimed limitations as discussed above in Claim 1.
Schindler further teaches wherein the petticoat main body is a one-piece dress or a waist skirt (see Fig. 18D for one-piece dress).
Regarding Claim 3, modified Schindler teaches all the claimed limitations as discussed above in Claim 1.
Schindler further teaches wherein a collar shape of the petticoat main body is of a round collar structure or a camisole collar structure (see Fig. 18D for camisole collar structure or round collar structure).
Regarding Claim 9, Schindler teaches a dress (see Figs. 18A, 18B front/rear of dress; see Figs. 18A-18D, wherein [0070] "Figs. 18A-18D illustrate a multi-fabric multi-layer garment…Fig. 8D illustrates an inside layer…Fig. 18C illustrates an outside layer...FIG. 18A illustrates a front view of both layers together, while FIG. 18B illustrates a rear view of both layers together"), comprising
an outer dress body (see Fig. 18C for outer),
a body-shaping petticoat (see rejection in Claim 1 such as Fig. 18D; abstract; [0070]),
the body-shaping petticoat being combined with an inner side of the outer dress body (see Figs. 18A, 18B for combined in a single invention; [0070] "The outside layer, as illustrated in FIG. 18C, is worn outside of the inside layer").
Schindler does not explicitly teach and the body-shaping petticoat according to claim 1.
Modified Schindler teaches and the body-shaping petticoat according to claim 1 (see rejection of Claim 1).
Regarding Claim 10, modified Schindler teaches all the claimed limitations as discussed above in Claim 9.
Schindler further teaches wherein the body-shaping petticoat is concealed inside the outer dress body (see Fig. 18A, 18B for at least portions of Fig. 18D concealed)
and an upper end of the body-shaping petticoat is fixedly combined with a corresponding side of the outer dress body (Schindler teaches the upper end of the petticoat and a side of the outer dress body which meets the structural limitations in the claims and performs the functions as recited such as being capable of being fixedly combined, especially as Figs. 18A, 18B show the combination, and therefore capable of being fixedly so).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindler (US Publication 2014/0051332) in view of Beauvais (USPN 8108947), Gollestani (USPN 4802469), and Koen (US Publication 2019/0082761), further in view of Anvaripour (USPN 8647168).
Regarding Claim 4, modified Schindler teaches all the claimed limitations as discussed above in Claim 1.
Schindler teaches wherein the abdominal pressurizing portion adopts an elastic fabric structure (abstract "non-compressive upper section, a slenderizing compressive middle section, and a noncompressive lower section. The slenderizing middle section can include both compressive and noncompressive materials"; [0070]).
Schindler does not explicitly teach that the abdominal pressurizing portion is a double-layer elastic fabric structure.
Anvaripour teaches wherein the abdominal pressurizing portion adopts a double-layer elastic fabric structure (abstract "slip-shaped body garment"; for double-layer elastic fabric—see Fig. 1a; Col. 3 Lines 64-66 "one or more layers 155 of performance fabric"; Col. 2 Lines 61-62 "stomach guard is sewn to the garment"; Col. 2 Lines 53-56 "diamond shaped stomach guard for providing support and flattening of the stomach constructed of three layers of mesh, heavy duty performance fabric, such as, what's commonly referred to as, 'power mesh'"; wherein known in art that power mesh is elastic nylon/elastane, see extrinsic evidence Boo NPL).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schindler’s elastic abdominal to be a double-layer elastic fabric as taught by Anvaripour in order to provide the desired performance (Col. 2 Lines 53-56).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindler (US Publication 2014/0051332) in view of Beauvais (USPN 8108947), Gollestani (USPN 4802469), and Koen (US Publication 2019/0082761), further in view of Mobayyen (US Publication 2015/0040285).
Regarding Claim 7, modified Schindler teaches all the claimed limitations as discussed above in Claim 1.
Beauvais further teaches wherein the rear end of the crotch portion is combined with the petticoat main body by thread stitching or seamless fitting or detachable connection (Col. 9 Lines 19-30 "Stitched attachment of loincloth 350 to inner posterior surface 769 of body sleeve 612 does not extend below locations 814 and 816 so that comfort in movement for the wearer is enabled (that is, so that the lower posterior portion of body sleeve 612 does not rub directly or chafe upon the buttocks when the wearer moves relative to body sleeve surface 769), so that aperture 160 will open for voiding, and so that the pelvic girdle flap 200 portion of loincloth 350 can be released from first fastening component 150 (by releasing second fastening component 140 from first fastening component 150) and pulled posteriorly to enable sanitary voiding through aperture 160”; Col. 5 Lines 23-28 "the loincloth "lining" is also attached in the lined portion of the bodysuit with a flat zigzag stitch across the top and partway down to the groin in the lower buttock region, facilitating stretching for sanitary voiding through the opening (voiding aperture) in the "outer" layer of the bodysuit"; Col. 7 Lines 22-26 "The lining (posterior portion of loincloth 350 for body sleeve 612 of garment 112) preferably has overlocked edges and is attached to the inner surface of the lower portion of garment 112 by flat zig-zag stitching", wherein stitching indicates thread stitching).
Beauvais does not explicitly teach wherein the front end of the crotch portion is combined with the petticoat main body by thread stitching or seamless fitting or detachable connection.
However, Beauvais front end is hook and loop.
Mobayyen teaches wherein hook and loop is combined with a garment by thread stitching (see Fig. 1; [0027] "hook and loop strips 18, 20 may be permanently (or non-permanently) attached to the flaps by stitching"; see Fig. 2; [0028] " The hook and loop strips 38, 40 may be permanently (or not permanently) attached to the garment such as by stitching, and the like, or they may be detachable, as shown, and attached to the garment via a hot iron adhesion, or similar removable connection", wherein stitching indicates thread stitching).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schindler’s hook and loop front end crotch portion combination with the petticoat main body as provided by Beauvais to be via thread stitching as taught by Mobayyen as a known effective attachment method of hook and loop with a garment element.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindler (US Publication 2014/0051332) in view of Beauvais (USPN 8108947), Gollestani (USPN 4802469), and Koen (US Publication 2019/0082761), further in view of Relli (USPN 3392730).
Regarding Claim 11, modified Schindler teaches all the claimed limitations as discussed above in Claim 10.
Schindler further teaches wherein the outer dress body is a camisole dress (see Figs. 18A-18D),
the petticoat main body has a cup portion (see Fig. 18D),
an upper end edge of the cup portion (see Fig. 18D),
a neckline of the outer dress body (see Fig. 18C),
and a lower portion of the petticoat main body and the outer dress body are not combined to maintain a freely separated state (see Figs. 18A, 18B; [0070]).
Schindler does not explicitly teach an upper end edge of the cup portion is connected with a neckline of the outer dress body around the neckline.
Relli teaches an upper end edge of the cup portion is connected with a neckline of the outer dress body around the neckline (see Figs. 1-4; Col. 4 Lines 2-5 "the front necklines of the two garments together with the edge 20 of the brassiere are all sewn together, this edge 20 being coextensive with the front necklines of the two garments").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Schindler’s upper end edge and neckline to be connected as taught by Relli as a known arrangement for keeping layered garment together for ease of use.
Response to Arguments
Applicant's arguments filed 9/3/25 have been fully considered but they are not persuasive. Amendments incorporated the suggested amendments and interpretation of the examiner, and amended Claim 1 is essentially Claim 6 as previously presented. As such, remarks on page 5 submitted 9/3/25 are directed to the previous rejection of Claim 6.
Pertaining to remarks that Gollestani and Koen do not teach a crotch portion located at an interior of the petticoat main body and therefore their limitations are unobvious—examiner respectfully disagrees. This is a piecemeal remark, as the limitation argued—crotch portion located at an interior of the petticoat main body—was already taught in the primary reference of Schindler (see page 6 of the office action 6/4/25). In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Pertaining to remarks on page 5 that there is no motivation for the combination of Schindler, Beauvais, Gollestani, and Koen to form the application—examiner respectfully disagrees. Motivation for combination Schindler and Beauvais was provided on page 10 of the previous/first office action 6/4/25. Motivation for the combination of modified Schindler and Gollestani was provided on page 14. Motivation for the combination of modified Schindler and Koen was provided on pages 15, 16. Remarks have not addressed these motivations.
As for the remaining claims-- Applicant’s arguments with respect to claim(s) 2-4, 7, 9-11 have been considered but are moot because the new ground of rejection does not rely on any reference 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm EST.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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