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
Applicant’s amendments of 7/31/2025 is acknowledged. Claims 1-20 are amended. Claim 21 is newly added. Applicant’s amendments to the claims overcame the drawing and claim objections previously set forth in the Non-Final Office Action mailed 2/4/2025. Claims 1-21 are being examined.
Drawings
The amended drawing submitted on 7/31/2025 is acknowledged and entered. No new matter was presented.
Claim Objections
Claims 1, 17, is/are objected to because of the following informalities:
Claim 1, the recitation “the thickness at the outer edge being greater than inner edge” should be amended to read “the thickness at the outer edge being greater than the inner edge”;
Claim 17, the recitation “, as shown in Fig. 13” should be deleted;
Appropriate correction is required.
Specification
The amended specification submitted on 7/31/2025 is acknowledged. Amended paras. 6, 8-9, and 12 is/are entered. Amended paras. 9.1, 13-15, 31.1, 43, 48.1 is/are not entered.
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:
The amendment filed 7/31/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Para. 9.1 “discreet”;
Para. 13, “styling applications across diverse…locations”;
Para. 14, “having a resting diameter approximately 1/3 the diameter of the rounded form and capable of stretching to at least 400% of its resting diameter”, “enabling the wearer to adjust the amount of fabric cinched by rotating the form’s orientation, a feature not available in conventional circular devices”, “discreet cinching”;
Para. 15, “graphics”;
Para. 31.1, “corresponding to the brand and amount of fabric cinched”;
Para. 43, “The elastic band has a resting diameter approximately 1/3 the diameter of the rounded form and capable of stretching to at least 400% of its resting diameter to wrap multiple times around the fabric and rounded form up to 12 inches in diameter, ensuring a taut hold across various garment types (e.g., shirts, dresses, skirts, scarves). For example, a band with a 1-inch diameter can stretch to at least 4 inches in diameter to accommodate a 3" diameter rounded form and fabric, providing a secure, tailored fit, indicating a secure hold across multiple garment types.”;
Para. 48.1, “graphics”.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 13 recites the limitation “the fabric” in line 2. There is insufficient antecedent basis for this limitation in the claim. Applicant is respectfully advised to amend the limitation with a distinction of whether references to the garment are merely the Applicant’s statements of intended use of the device, or if the garment is structural to claim the device having two structural configurations. For the purposes of examination, Examiner interprets the limitation “a color matching the fabric” as “a color configured to match the fabric”. Claim 13 is rejected as best understood by Examiner.
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, and 7-11, 14-16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Query (US 8,347,416 B1), in view of Seikichi (US 1,399,730 A), and in further view of Rizzo (US 10,287,721 B1).
Regarding claim 1, Query discloses a device (21, 14; Figs. 11-16) for temporarily altering the fit or style of a garment (col. 2 lines 40-43), comprising:
a rounded form (21), having a width (Fig. 13, horizontal diameter) and a length (Fig. 13, vertical diameter), a hollow center portion (24, 25), an inner edge (Fig. 13, where the inner edge of 21 faces towards 24 and 25), and an outer edge (Fig. 13, where the outer edge of 21 faces externally to the environment, and is opposite to 24 and 25), and wherein the rounded form is configured to spread excess fabric (Fig. 15, the excess fabric is configured to spread because it’s pushed from the plane of 16 and 17 through 21), defined as fabric gathered to adjust the garment's fit or style (col. 4 lines 43-45), flat against the garment to minimize bulk when the fabric is secured against the rounded form (at least Fig. 13 & col. 4 lines 43-45);
a band (14) comprised of a continuous band (Fig. 2 & col. 3 lines 45-49, where 14 is a continuous oval) having a resting diameter (Figs. 2 & 15), wherein the band is configured to secure the fabric tautly against the rounded form via friction (col. 4 lines 10-17 & Fig. 15; Examiner notes that the italicized limitation is functional and does not positively recite a structural limitation, but instead require an ability to so perform and/or function. It is also 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. As such, Query’s band is functionally capable of securing the fabric tautly against the rounded form via friction);
wherein the rounded form and the band are configured to cooperate in a first configuration (col. 4 lines 28-32; Fig. 15) wherein the rounded form is placeable against an outer surface of the fabric and securable by the band wrapped multiple times around an inner surface of the fabric, encasing the rounded form within the fabric to cinch the garment at a single location and create a ruching or gathering with the excess fabric held flat against the garment (Examiner notes that the italicized limitation is functional and does not positively recite a structural limitation, but instead require an ability to so perform and/or function. It is also 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. As such, Query’s band is functionally capable of cooperating in a first configuration, being placed against the outer fabric of the fabric and secured there by the band wrapped multiple times around the inner surface of the fabric, encasing the rounded form within the fabric to cinch the garment at a single location and create a ruching or gathering with the excess fabric held flat against the garment, see col. 4 lines 28-32 and Figs. 15-16; Fig. 2 & col. 2 lines 22-25, where 14 is made of flexible plastic, and has the ability to wrap around the rounded form);
wherein the rounded form and the band are further configured to cooperate in a second configuration (col. 2 lines 43-46 discloses the apparatus can be placed on either side of the garment) wherein the excess fabric is passable through the hollow center portion (Fig. 15), wrappable around the rounded form (Fig. 15), and securable tautly by the band (Fig. 15) wrapped around the fabric to form a rosette on the outer surface with the excess fabric held flat against the garment (at least Figs. 15-16; col. 2 lines 43-46 discloses the apparatus can be placed on either side of the garment, and therefore, the band is also secured on the outer fabric of the garment once assembled; Fig. 2 & col. 2 lines 22-25, where 14 is made of flexible plastic, and has the ability to wrap around the rounded form; Examiner notes that Applicant does not claim further structure for what is considered as a rosette, and therefore, Query shows a rosette inasmuch as claimed; Examiner notes the italicized limitation is functional and does not positively recite a structural limitation, but instead require an ability to so perform and/or function. It is also 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.).
Query does not directly disclose the rounded form comprised of a rigid material, having a width and a length between 0.5 and 12 inches.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the rounded form material of Query for a rigid material, having a width and a length between 0.5 and 12 inches, as a simple substitution of one well known buckle material for another, in order to yield the predictable result of providing a buckle to continually or releasably engage with other structural layers for a more comfortable and secure fit. It also would have been an obvious matter of design choice since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
While Query discloses a flexible plastic band (Fig. 2 & col. 2 lines 22-25, where 14 is made of flexible plastic), Query does not directly disclose an elastic band.
However, Seikichi teaches an elastic band (2; lines 29-31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible plastic band of Query to be made of an elastic band, as taught by Seikichi, in order to be reusable many times while still maintaining durability. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07. When in combination, Query and Seikichi disclose an elastic band, wherein the elastic band is configured to secure the fabric tautly against the rounded form via friction; wherein the rounded form and the elastic band are configured to cooperate in a first configuration wherein the rounded form is placeable against an outer surface of the fabric and securable by the elastic band wrapped multiple times around an inner surface of the fabric, wherein the rounded form and the elastic band are further configured to cooperate in a second configuration wherein the excess fabric is passable through the hollow center portion, wrappable around the rounded form, and securable tautly by the elastic band wrapped multiple times around the fabric to form a rosette on the outer surface with the excess fabric held flat against the garment.
Query and Seikichi do not directly disclose where the elastic band having a resting diameter approximately 1/3 the diameter of the rounded form, and capable of stretching to at least 400% of its resting diameter to wrap multiple times around the fabric and rounded form up to 12 inches in diameter.
However, it would have been an obvious matter of design choice to modify the elastic band of Seikichi to having a resting diameter approximately 1/3 the diameter of the rounded form, and capable of stretching to at least 400% of its resting diameter to wrap multiple times around the fabric and rounded form up to 12 inches in diameter, in order to have enough material for the user to tie or secure the elastic band to the rounded form for a proper fit and an aesthetically pleasing design. A change in aesthetic (ornamental) design generally will not support patentability. See MPEP 2144.04. Further, it would have been an obvious matter of design choice since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04.
Query also does not directly disclose wherein the rounded form has a thickness tapering from the outer edge to the inner edge, the thickness at the outer edge being greater than inner edge to distribute tension evenly across a fabric of the garment.
However, Rizzo teaches a rounded form (13), wherein the rounded form has a thickness tapering from the outer edge to the inner edge (Fig. 3), the thickness at the outer edge being greater than inner edge (Fig. 3, where the outer perimeter edge 10 is greatest in thickness along 13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer and inner edges of the rounded form of Query to have a thickness tapering from the outer edge to the inner edge, the thickness at the outer edge being greater than inner edge, as taught by Rizzo, in order to prevent damage of the garment’s fabric when using the rounded form. When in combination, Query and Rizzo disclose the thickness at the outer edge being greater than inner edge to distribute tension evenly across a fabric of the garment.
Regarding claim 2, modified Query discloses the device of claim 1, wherein the rounded form is configured to spread excess fabric flat against the garment to minimize bulk when secured by the elastic band (Fig. 15 & col. 4 lines 28-32).
Regarding claim 3, insofar as is definite, modified Query discloses the device of claim 1, wherein the hollow center portion of the rounded form comprises a circular or decorative shape with a diameter sufficient to allow excess fabric to pass through for forming the rosette Figs. 11 & 15, where 24 and 25 are decorative shapes; col. 4 lines 28-32).
Regarding claim 4, modified Query discloses the device of claim 1, wherein a size of the rounded form (Fig. 11, 21 has a size), defined by the width and the length (at least Fig. 11), is configured to cinch a predetermined amount of fabric proportional to the width and the length (Figs. 11 & 15; col. 1 lines 20-32).
Regarding claim 5, modified Query discloses the device of claim 1, wherein the rounded form is circular (Fig. 13), and the length and the width are equal (at least Figs. 13 & 16), configured to cinch the fabric uniformly in all directions (see video at 0:14).
Regarding claim 7, when in combination, Query and Seikichi disclose the device of claim 1, wherein the rounded form is configured to retain the elastic band against the fabric under tension applied to the garment (of Query and as evidenced by Seikichi: Fig. 1).
Regarding claim 8, modified Query discloses the device of claim 1, wherein the rounded form is configured to be hidden from view through the fabric of the garment in both the first configuration (col. 2 lines 43-46 discloses the apparatus can be placed on either side of the garment, and therefore, the rounded form is configured to be hidden from view through the fabric of the garment) and the second configuration (col. 2 lines 43-46 discloses the apparatus can be placed on either side of the garment, and therefore, the rounded form is configured to be hidden from view through the fabric of the garment; Examiner notes that the italicized limitation is functional and does not positively recite a structural limitation, but instead require an ability to so perform and/or function. It is also 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. As such, Query’s band is functionally capable of having the rounded form configured to be hidden from view through the fabric of the garment in both the first and second configurations).
Regarding claim 9, modified Query discloses the device of claim 1, wherein the hollow center portion of the rounded form comprises a circular or decorative shape (Fig. 11, 21 has a decorative shape).
Regarding claim 10, modified Query discloses the device of claim 1, wherein the outer edge of the rounded form is rounded and smooth (at least Fig. 11), configured to minimize damage to the fabric (It is noted that the italicized limitation is functional and does not positively recite a structural limitation, but instead requires an ability to so perform and/or function. Query discloses the structure as claimed, and therefore, the outer edge of the rounded form would have a reasonable expectation of performing such function).
Regarding claim 11, Rizzo further teaches the device of claim 1, wherein the thickness of the rounded form is greatest at the outer edge compared to the inner edge to maximize the surface area of the outer edge and distribute tension on the fabric (Fig. 3 as assembled and when in use).
Regarding claim 14, modified Query discloses the device of claim 1, wherein the outer edge of the rounded form is free of ridges, sharp corners, or rough surfaces configured to minimize damage to the fabric (at least Fig. 11; It is noted that the italicized limitation is functional and does not positively recite a structural limitation, but instead requires an ability to so perform and/or function. Query discloses the structure as claimed, and therefore, the outer edge of the rounded form would have a reasonable expectation of performing such function).
Regarding claim 15, modified Query discloses the device of claim 1, except for wherein the length and the width of the rounded form are each between 1 and 6 inches.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the length and the width of the rounded form of Query to each be between 1 and 6 inches, in order to use less material during manufacturing of the form. Further, it would have been an obvious matter of design choice since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04.
Regarding claim 16, modified Query discloses the device of claim 1, except for wherein the length and the width of the rounded form are each between 0.5 and 12 inches.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the length and the width of the rounded form of Query to each be between 0.5 and 12 inches, in order alter the surface area of the gathered fabric material of the garment on the form and create a better fitting garment for the wearer. Further, it would have been an obvious matter of design choice since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04.
Regarding claim 18, modified Query discloses the device of claim 1, wherein the rounded form is thin such that it minimizes bulk under the garment (at least Fig. 11).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Query (US 8,347,416 B1), Seikichi (US 1,399,730 A), and Rizzo (US 10,287,721 B1), in view of Sinclair (US 2015/0272246 A1).
Regarding claim 6, modified Query discloses the device of claim 1, except for wherein the rounded form is oval or elliptical, with the length greater than the width, configured to cinch varying amounts of fabric based on orientation of the rounded form.
However, Sinclair teaches a rounded form (Fig. 3) is an oval (para. 30, where the outer edge of 202 is an oval) with the length greater than the width (Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rounded form of Query to be an oval, with the length greater than the width, as taught by Sinclair, in order to adjust the comfort and fit of the garment to the wearer. Further, 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. See MPEP 2144.04.
Claim(s) 12 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Query (US 8,347,416 B1), Seikichi (US 1,399,730 A), and Rizzo (US 10,287,721 B1), in view of Maxwell-Tremble et al. (US 5,655,271 A).
Regarding claim 12, modified Query discloses the device of claim 1, except for wherein the rigid material of the rounded form is a lightweight non-metal material configured to minimize drag on the garment.
However, Maxwell-Tremble teaches an apparatus (10, including 12 & 14) for modifying an article of clothing, wherein the rigid material of the rounded form is a lightweight non-metal material (col. 4 lines 5-6, thermoplastic material; col. 1 lines 65-67; thermoplastic is lightweight) configured to minimize drag on the garment (col. 1 lines 65-67).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rounded form of Query to be a lightweight non-metal material, as taught by Maxwell-Tremble, in order to prevent unduly strain on the article of clothing.
Regarding claim 21, modified Query discloses the device of claim 1, except for wherein the rigid material of the rounded form is a non-metal material configured to be machine-washable inside the garment without causing damage or staining to the fabric.
However, Maxwell-Tremble teaches an apparatus (10, including 12 & 14) for modifying an article of clothing, wherein the rigid material of the rounded form is a lightweight non-metal material (col. 4 lines 5-6, thermoplastic material; thermoplastic is lightweight; col. 1 lines 65-67) configured to be machine-washable inside the garment without causing damage or staining to the fabric (It is noted that the italicized limitation is functional and does not positively recite a structural limitation, but instead requires an ability to so perform and/or function. Maxwell-Tremble discloses the structure as claimed, and therefore, would have a reasonable expectation of performing such function).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rigid material of the rounded form of Query to be a lightweight non-metal material, as taught by Maxwell-Tremble, in order to provide an aesthetically pleasing design. Further, a change in aesthetic (ornamental) design generally will not support patentability. See MPEP 2144.04.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Query (US 8,347,416 B1), Seikichi (US 1,399,730 A), and Rizzo (US 10,287,721 B1), in view of Ganz (US 5,005,218 A).
Regarding claim 13, modified Query discloses the device of claim 1, except for wherein the rounded form is comprised of a material that is transparent, nude, or a color matching the fabric, configured to minimize visibility through the fabric.
However, Ganz discloses wherein the form (34; Figs. 6-7) is comprised of a material that is transparent, nude, or a color matching the fabric, configured to minimize visibility through the fabric (col. 4 lines 20-21, transparent; It is noted that the italicized limitation is functional and does not positively recite a structural limitation, but instead requires an ability to so perform and/or function. Ganz discloses the structure as claimed, and therefore, would have a reasonable expectation of performing such function).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rounded form of Query to be transparent, as taught by Ganz, in order to provide an aesthetically pleasing design. Further, a change in aesthetic (ornamental) design generally will not support patentability. See MPEP 2144.04. When in combination, Query, Seikichi, Rizzo, and Ganz disclose wherein the rounded form is comprised of a material that is transparent, nude, or a color matching the fabric, configured to minimize visibility through the fabric.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Query (US 8,347,416 B1), Seikichi (US 1,399,730 A), and Rizzo (US 10,287,721 B1), in view of MacLean (US 2010/0043125 A1).
Regarding claim 17, modified Query discloses the device of claim 1, except for wherein the rounded form includes branding, graphics or text indicating a size corresponding to the length and the width of the rounded form, as shown in FIG. 13.
However, MacLean teaches the rounded form (25, Fig. 5) includes branding, graphics or text indicating a size corresponding to the length and the width of the rounded form (29; para. 27; Fig. 5 shows branding).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rounded form of Query to include branding, as taught by MacLean, in order to provide an aesthetically pleasing design. Further, a change in aesthetic (ornamental) design generally will not support patentability. See MPEP 2144.04.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Query (US 8,347,416 B1), in view of Rizzo (US 10,287,721 B1), and in further view of Seikichi (US 1,399,730 A).
Regarding claim 19, Query discloses a method (at least abstract) for temporarily altering the fit or style of a garment (col. 2 lines 40-43), comprising:
a. providing a device (21) having a width ( Fig. 13, horizontal diameter)and a length (Fig. 13, vertical diameter), a hollow center portion (24, 25; Figs. 11 & 15), an inner edge (Fig. 13, where the inner edge of 21 faces towards 24 and 25), and an outer edge (Fig. 13, where the outer edge of 21 faces externally to the environment, and is opposite to 24 and 25).
b. providing a band (14) comprising a continuous band (Fig. 2 & col. 3 lines 45-49, where 14 is a continuous band) having a resting diameter (Figs. 2 & 15) to wrap around the fabric and rounded form (Fig. 15);
c. providing a garment (16) having an outer surface (surface of 16 opposite of 17 as shown in Fig. 15) and an inner surface (17);
d. placing the rounded form against an outer surface of a fabric of the garment (Fig. 15);
and e. wrapping the band around an inner surface of the fabric to secure the fabric tautly against the rounded form (Fig. 15), encasing the rounded form within the fabric to cinch the garment and creating ruching or gathering at a single location (Fig. 15, where the single location is at the planar portion of the fabric shown with 14 wrapped around).
Query does not directly disclose the device comprising a rounded form of rigid material.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the rounded form material of Query for a rigid material, as a simple substitution of one well known buckle material for another, in order to yield the predictable result of providing a buckle to continually or releasably engage with other structural layers for a more comfortable and secure fit. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Query does not directly disclose the rounded form with a thickness tapering from the outer edge to the inner edge.
However, Rizzo teaches a rounded form (13), wherein the rounded form has a thickness tapering from the outer edge to the inner edge (Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer edge of the rounded form of Query to have a thickness tapering from the outer edge to the inner edge, as taught by Rizzo, in order to prevent damage of the garment’s fabric when using the rounded form.
While Query discloses a flexible plastic band (Fig. 2 & col. 2 lines 22-25, where 14 is made of flexible plastic), Query does not directly disclose providing an elastic band, wrapping the elastic band multiple times around an inner surface of the fabric to secure the fabric tautly against the rounded form, having a resting diameter to wrap multiple times around the fabric and rounded form.
However, Seikichi teaches an elastic band (2; lines 29-31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible plastic band of Query to be made of an elastic band, as taught by Seikichi, in order to be reusable many times while still maintaining durability. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07. When in combination, Query and Seikichi disclose an elastic band, wrapping the elastic band multiple times around an inner surface of the fabric to secure the fabric tautly against the rounded form, having a resting diameter to wrap multiple times around the fabric and rounded form.
Query does not directly disclose the continuous band having a resting diameter approximately 1/3 the diameter of the rounded form, and capable of stretching to at least 400% of its resting diameter.
However, it would have been an obvious matter of design choice to modify the continuous band of Query to have a resting diameter approximately 1/3 the diameter of the rounded form and be capable of stretching to at least 400% of its resting diameter, in order to have enough material for the user to tie or secure the elastic band to the bangle for a proper fit. Further, it would have been an obvious matter of design choice since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Query (US 8,347,416 B1).
Regarding claim 20, Query discloses a method (at least abstract) for temporarily altering the fit or style of a garment (col. 2 lines 40-43), comprising:
a. providing a device (21) having a width (Fig. 13, horizontal diameter) and a length (Fig. 13, vertical diameter), a hollow center portion (24, 25; Figs. 11 & 15), an inner edge (Fig. 13, where the inner edge of 21 faces towards 24 and 25), and an outer edge (Fig. 13, where the outer edge of 21 faces externally to the environment, and is opposite to 24 and 25);
b. providing a band (14) comprising a continuous band (Fig. 2 & col. 3 lines 45-49, where 14 is a continuous band) having a resting diameter (Figs. 2 & 15), and to wrap around the fabric and rounded form (Fig. 15);
c. providing a garment (16) having an outer surface (surface of 16 opposite of 17 as shown in Fig. 15) and an inner surface (17);
d. placing the rounded form against an outer surface of a fabric of the garment (Fig. 15);
e. passing excess fabric of the garment, defined as fabric gathered to adjust the garment's fit or style, through the hollow center portion (Fig. 15; at least abstract)
f. wrapping the excess fabric around the rounded form (Fig. 15);
g. securing the excess fabric to the rounded form by wrapping the band around the fabric forming a rosette on the outer surface (Fig. 15).
Query does not directly disclose the device comprising a rounded form of rigid material.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the rounded form material of Query for a rigid material, as a simple substitution of one well known buckle material for another, in order to yield the predictable result of providing a buckle to continually or releasably engage with other structural layers for a more comfortable and secure fit. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Query also does not directly disclose the rounded form with a thickness tapering from the outer edge to the inner edge.
However, Rizzo teaches a rounded form (13), wherein the rounded form has a thickness tapering from the outer edge to the inner edge (Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer edge of the rounded form of Query to have a thickness tapering from the outer edge to the inner edge, as taught by Rizzo, in order to prevent damage of the garment’s fabric when using the rounded form.
While Query discloses a flexible plastic band (Fig. 2 & col. 2 lines 22-25, where 14 is made of flexible plastic), Query does not directly disclose providing an elastic band, capable of stretching to wrap multiple times around the fabric and rounded form; wrapping the elastic band multiple times around the fabric forming a rosette on the outer surface.
However, Seikichi teaches an elastic band (2; lines 29-31), capable of stretching to wrap multiple times around the fabric and rounded form (lines 29-31, where 2 is an elastic rubber band and is therefore capable of stretching to wrap multiple times around the fabric and rounded form 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible plastic band of Query to be made of an elastic band, capable of stretching to wrap multiple times around the fabric and rounded form, as taught by Seikichi, in order to be reusable many times while still maintaining durability. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07. When in combination, Query and Seikichi disclose an elastic band, wrapping the elastic band multiple times around the fabric forming a rosette on the outer surface.
Query does not directly disclose a continuous band having a resting diameter approximately 1/3 the diameter of the rounded form, and capable of stretching to at least 400% of its resting diameter.
However, it would have been an obvious matter of design choice to modify the continuous band of Query to have a resting diameter approximately 1/3 the diameter of the rounded form and be capable of stretching to at least 400% of its resting diameter, in order to have enough material for the user to tie or secure the elastic band to the bangle for a proper fit. Further, it would have been an obvious matter of design choice since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04.
Response to Arguments
Applicant’s arguments filed 7/31/2025 have been fully considered but they are not persuasive. In view of Applicant' s amendment, the search has been updated, and newly modified grounds of rejection have been identified and applied. Applicant' s arguments, which are drawn solely to the newly amended limitations, have been considered but are moot in view of the newly modified ground(s) of rejection.
Regarding claim 1, rejected under 35 USC § 103:
Applicant's Remarks: Applicant submits that Query’s method teaches away from the single-location cinching of the claimed invention. Applicant also asserts that “modifying Query’s solid disk to include a hollow center or to cinch at a single location would fundamentally alter its pleating mechanism, requiring hindsight.”
Examiner's Response: Examiner respectfully disagrees because Applicant does not define the boundaries of “a single location”, and therefore, the location where the garment of Query is cinched is “a single location”. Additionally, Applicant does not positively claim the structure of “a single location”, because the recitation of “a single location” is presented as a functional limitation. Further, Applicant’s assertion that the solid disk of Query to include a hollow center is alter the pleating mechanism mischaracterizes the rejection because the rounded form was/is cited as element 21, not 11; Examiner does not modify element 21 in the rejection. Further, based on Applicant’s assertions, it is unclear whether Applicant is intending to claim a single location of the rounded form, or a single location of the garment. As currently recited, a single location is of the garment in claim 1, and therefore, the assertion regarding “modifying Query’s solid disk to include a hollow center or to cinch at a single location” is moot. The rejection of claim 1 is maintained as stated above.
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.15
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/G.Q.H./Examiner, Art Unit 3732
/SALLY HADEN/Primary Examiner, Art Unit 3732