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 claims filed on 3/3/2026 have been fully considered. Claims 16-20 are cancelled. Claims 1-15 have been examined on the merits.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the outer layer and the liner fixedly attached (claim 1), the front upper panel of the liner is fixedly attached to the front outer panel (claim 3) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rutledge (US 1,871,086) in view of Riehl (US 2010/0299797). The device of Rutledge teaches,
A garment, comprising: A liner (2),
wherein the liner further comprises a front upper panel (front side 2), a front lower panel (front side, 4), a rear upper panel (rear upper panel 2), and a rear lower panel (rear lower panel, 4);
wherein the front lower panel and the rear lower panel at least partially define a crotch region and left and right leg spaces (Figures 1 & 2);
wherein the rear upper panel comprises a lower edge (lower edge of 16), and the rear lower panel comprises an upper edge (10);
wherein at least a portion of the lower edge of the rear upper panel and at least a portion of the upper edge of the rear lower panel define a rear access space positioned at a wearer's lower back (Figure 2);
and wherein the upper edge of the rear lower panel is configured to be stretched to widen the rear access space (page 2, lines 45-55).
The device of Rutledge substantially discloses the claimed invention but is lacking an outer layer.
The device of Riehl teaches an undergarment liner and an outer layer (18); wherein the outer layer (para 0007) is fixedly attached (para 0033) to the liner and comprises a dress or a skirt (para 0007).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the fixedly attached outer garment as taught by Riehl in order to provide a garment that can be worn while completing athletic activities while remaining functional and modest when engaging in other activities (para 0004-0006).
With respect to claim 2, wherein the outer layer comprises a front outer panel and a rear outer panel (12, 18, front and rear side);
wherein at least a portion of the front and rear outer panels defines left and right arm spaces (at area under strap), a portion of the front outer panel defines a front neckline (figure 1), and at least a portion of the rear outer panel defines a rear neckline (Figures 1-4).
Allowable Subject Matter
Claims 3-15 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732
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