DETAILED ACTION
This office action is in response to the RCE filed January 20, 2026 in which claims 1-17 and 21-26 are presented for examination and claims 18-20 are canceled.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 20, 2026 has been entered.
Response to Arguments
Applicant’s First Argument: Objections to claims 7, 14, and 17 for minor informalities should be withdrawn at least in view of current amendments to the claims.
Examiner’s Response: Agreed. The objections are withdrawn.
Applicant’s Second Argument: Rejection of claims 1-13 under 35 USC 103 over USPN 5,054,129 Baehr in view of UPSN 12,102,148 Albers et al. should be withdrawn at least for recited reasons.
Examiner’s Response: In view of Applicant’s amendment, the search has been updated and new prior art has been identified and applied. Applicant’s arguments, which appear to be drawn only to the newly amended limitations and previously presented rejections, have been considered but are moot in view of the new grounds of rejection. It is further respectfully noted that Examiner does not necessarily agree with various positions detailed in Applicant’s Arguments/Remarks filed January 20, 2026 and that Baehr and/or Albers may be relied upon, alone or in combination, to reject claim(s) in future office action(s).
Claim Objections
Claims 1 and 2 are objected to because of the following informalities: Claim 1 recites the preamble “A garment comprising…” while claim 2 recites the preamble “A garment, comprising,…” These preambles should be amended to include consistent punctuation (i.e., claim 1 lacks commas while claim 2 includes commas in an otherwise identical preamble).
Claim 15 is objected to because of the following informalities: Claim 15 recites the limitation “the user,” which should be amended to recite “the intended user” for purposes of proper antecedent basis.
Claim 21 is objected to because of the following informalities: Claim 21 recites the limitation “wherein the ball of foot opening is centered around and covers at least 60% of the 2nd-4th metatarsal bones of the intended user.” However, for further clarity that human anatomy is not being claimed as forming a portion of the invention and to avoid possible rejection under 35 USC 101 on that basis, it is respectfully suggested that the claim be amended to include language such as “configured to be,” “adapted to be,” or “when worn.” For example, “wherein the ball of foot opening is configured to be centered around and cover at least 60% of the 2nd-4th metatarsal bones of the intended user.”
Claim 22 is objected to because of the following informalities: Claim 22 recites the limitation “wherein the ball of foot opening is centered around and covers at least 70% of the 2nd-4th metatarsal bones of the intended user.” However, for further clarity that human anatomy is not being claimed as forming a portion of the invention and to avoid possible rejection under 35 USC 101 on that basis, it is respectfully suggested that the claim be amended to include language such as “configured to be,” “adapted to be,” or “when worn.” For example, “wherein the ball of foot opening is configured to be centered around and cover at least 70% of the 2nd-4th metatarsal bones of the intended user.”
Claim 23 is objected to because of the following informalities: Claim 23 recites the limitation “wherein the ball of foot opening is centered around and covers at least 80% of the 2nd-4th metatarsal bones of the intended user.” However, for further clarity that human anatomy is not being claimed as forming a portion of the invention and to avoid possible rejection under 35 USC 101 on that basis, it is respectfully suggested that the claim be amended to include language such as “configured to be,” “adapted to be,” or “when worn.” For example, “wherein the ball of foot opening is configured to be centered around and cover at least 80% of the 2nd-4th metatarsal bones of the intended user.”
Claim 24 is objected to because of the following informalities: Claim 24 recites the limitation “wherein the ball of foot opening is centered around and covers at least 60% of the 2nd-4th metatarsal bones of the intended user.” However, for further clarity that human anatomy is not being claimed as forming a portion of the invention and to avoid possible rejection under 35 USC 101 on that basis, it is respectfully suggested that the claim be amended to include language such as “configured to be,” “adapted to be,” or “when worn.” For example, “wherein the ball of foot opening is configured to be centered around and cover at least 60% of the 2nd-4th metatarsal bones of the intended user.”
Claim 25 is objected to because of the following informalities: Claim 25 recites the limitation “wherein the ball of foot opening is centered around and covers at least 70% of the 2nd-4th metatarsal bones of the intended user.” However, for further clarity that human anatomy is not being claimed as forming a portion of the invention and to avoid possible rejection under 35 USC 101 on that basis, it is respectfully suggested that the claim be amended to include language such as “configured to be,” “adapted to be,” or “when worn.” For example, “wherein the ball of foot opening is configured to be centered around and cover at least 70% of the 2nd-4th metatarsal bones of the intended user.”
Claim 26 is objected to because of the following informalities: Claim 26 recites the limitation “wherein the ball of foot opening is centered around and covers at least 80% of the 2nd-4th metatarsal bones of the intended user.” However, for further clarity that human anatomy is not being claimed as forming a portion of the invention and to avoid possible rejection under 35 USC 101 on that basis, it is respectfully suggested that the claim be amended to include language such as “configured to be,” “adapted to be,” or “when worn.” For example, “wherein the ball of foot opening is configured to be centered around and cover at least 80% of the 2nd-4th metatarsal bones of the intended user.”
Appropriate correction is required.
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.
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.
Claims 1-4, 8-11, and 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 7,682,326 Song in view of USPN 4,035,844 Atack et al.
To claim 1, Song discloses a garment (100) (see Figures 3-5, Figures 3 and 4 reproduced below for convenience; col. 4, line 1 – col. 5, line 25) comprising a sock, the sock including selectively placed openings (20,30,45) at a heel area, a ball of foot area, and a toe area and configured to expose a substantial portion of the heel and at least substantial portions of the ball of the foot, and one or more toes of an intended user (see especially Figure 4; col. 4, lines 26-36; col. 4, line 54 – col. 5, line 22), and at least the sock being configured with elastic materials to maintain secure placement on a foot of the intended user (col. 4, lines 9-21), and wherein the sock includes a midfoot portion (adjacent reference numeral A in Figures 3 and 5) that covers a majority of the underside of the midfoot area of the sock (see especially Figure 3; col. 4, lines 26-36; col. 4, line 54 – col. 5, line 22).
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Song does not expressly disclose a garment further comprising a pair of leg portions and a sock integrated on each leg portion.
However, Atack teaches a garment comprising a pair of leg portions and a sock integrated on each leg portion (see Figures 1-2 and 8, reproduced below for convenience; col. 2, lines 41-54; col. 3, lines 62-68).
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Song and Atack teach analogous inventions in the field of garments. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the sock of Song to be a pair of socks integrated into leg portions of pants as taught by Atack because Atack teaches that this configuration is known in the art and that the sock maintains the bottoms legs of the pants in proper position. It would further have been obvious to one of ordinary skill in the art that a garment including pants with integrated socks would provide additional warmth and body-coverage for an intended user compared to socks alone.
To claim 2, Song discloses a garment (100) (see Figures 3-5, Figures 3 and 4 reproduced above for convenience; col. 4, line 1 – col. 5, line 25) comprising a sock, the sock having an open toe area (45) configured to allow for exposure and mobility of one or more toes (see especially Figure 4; col. 4, lines 26-36; col. 4, line 54 – col. 5, line 22); an open heel area (30) configured to allow for exposure and mobility of a heel of an intended user (see especially Figure 4; col. 4, lines 26-36; col. 4, line 54 – col. 5, line 22); an open ball of the foot area (20) configured to allow for exposure and mobility of a ball of the foot of the intended user (see especially Figure 4; col. 4, lines 26-36; col. 4, line 54 – col. 5, line 22), and wherein the sock includes a midfoot portion (adjacent reference numeral A in Figures 3 and 5) that covers a majority of the underside of the midfoot area of the sock (see especially Figure 3; col. 4, lines 26-36; col. 4, line 54 – col. 5, line 22).
Song does not expressly disclose a garment further comprising a pair of leg portions and a sock integrated on each leg portion.
However, Atack teaches a garment comprising a pair of leg portions and a sock integrated on each leg portion (see Figures 1-2 and 8, reproduced above for convenience; col. 2, lines 41-54; col. 3, lines 62-68).
Song and Atack teach analogous inventions in the field of garments. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the sock of Song to be a pair of socks integrated into leg portions of pants as taught by Atack because Atack teaches that this configuration is known in the art and that the sock maintains the bottoms legs of the pants in proper position. It would further have been obvious to one of ordinary skill in the art that a garment including pants with integrated socks would provide additional warmth and body-coverage for an intended user compared to socks alone.
To claim 3, the modified invention of Song (i.e., Song in view of Atack, as detailed above) further teaches a garment further comprising a body encircling portion (11 of Atack) integrated with the leg portions (see Figures 1-2 and col. 2, lines 41-54 of Atack).
To claim 4, the modified invention of Song (i.e., Song in view of Atack, as detailed above) further teaches a garment wherein the body encircling portion and leg portions are configured as tights with an elastic fit on the intended user (see Figures 1-2 and col. 2, lines 41-54 of Atack).
To claim 8, the modified invention of Song (i.e., Song in view of Atack, as detailed above) further teaches a garment wherein the garment comprises an elastic fabric to provide the elastic fit (col. 2, lines 41-54 of Atack).
To claim 9, the modified invention of Song (i.e., Song in view of Atack, as detailed above) further teaches a garment wherein the garment comprises a fabric of Nylon and/or spandex (elastane) (col. 2, lines 41-54 of Atack).
To claim 10, the modified invention of Song (i.e., Song in view of Atack, as detailed above) further teaches a garment wherein reinforced stitching is provided around the open toe, heel, and/or ball of the foot areas (see Figure 9 of Song; see Figures 1-3 of Heathcote).
To claim 11, the modified invention of Song (i.e., Song in view of Atack, as detailed above) further teaches a garment wherein the garment is in the form of leggings (see Figures 1-2 and col. 2, lines 41-54 of Atack).
To claim 21, the modified invention of Song (i.e., Song in view of Atack, as detailed above) teaches a garment as recited in claim 1, above.
To the limitation “wherein the ball of foot opening is centered around and covers at least 60% of the 2nd-4th metatarsal bones of the intended user,” it is respectfully noted that the garment will fit differently sized and shaped feed in different manners and that an intended relative position of the ball of foot opening to the intended user’s foot anatomy is functional and not patentably significant.
To claim 22, the modified invention of Song (i.e., Song in view of Atack, as detailed above) teaches a garment as recited in claim 1, above.
To the limitation “wherein the ball of foot opening is centered around and covers at least 70% of the 2nd-4th metatarsal bones of the intended user,” it is respectfully noted that the garment will fit differently sized and shaped feed in different manners and that an intended relative position of the ball of foot opening to the intended user’s foot anatomy is functional and not patentably significant.
To claim 23, the modified invention of Song (i.e., Song in view of Atack, as detailed above) teaches a garment as recited in claim 1, above.
To the limitation “wherein the ball of foot opening is centered around and covers at least 80% of the 2nd-4th metatarsal bones of the intended user,” it is respectfully noted that the garment will fit differently sized and shaped feed in different manners and that an intended relative position of the ball of foot opening to the intended user’s foot anatomy is functional and not patentably significant.
To claim 24, the modified invention of Song (i.e., Song in view of Atack, as detailed above) teaches a garment as recited in claim 2, above.
To the limitation “wherein the ball of foot opening is centered around and covers at least 60% of the 2nd-4th metatarsal bones of the intended user,” it is respectfully noted that the garment will fit differently sized and shaped feed in different manners and that an intended relative position of the ball of foot opening to the intended user’s foot anatomy is functional and not patentably significant.
To claim 25, the modified invention of Song (i.e., Song in view of Atack, as detailed above) teaches a garment as recited in claim 2, above.
To the limitation “wherein the ball of foot opening is centered around and covers at least 70% of the 2nd-4th metatarsal bones of the intended user,” it is respectfully noted that the garment will fit differently sized and shaped feed in different manners and that an intended relative position of the ball of foot opening to the intended user’s foot anatomy is functional and not patentably significant.
To claim 26, the modified invention of Song (i.e., Song in view of Atack, as detailed above) teaches a garment as recited in claim 2, above.
To the limitation “wherein the ball of foot opening is centered around and covers at least 80% of the 2nd-4th metatarsal bones of the intended user,” it is respectfully noted that the garment will fit differently sized and shaped feed in different manners and that an intended relative position of the ball of foot opening to the intended user’s foot anatomy is functional and not patentably significant.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Atack (as applied to claims 2-4, above) in further view of US Pub No. 2014/0033567 Heathcote et al.
To claims 5-7, the modified invention of Song (i.e., Song in view of Atack, as detailed above) teaches a garment as recited in claims 2-4, above.
The modified invention of Song does not expressly disclose a garment wherein the sock is configured as a thong-style construction with a vertically oriented post element that spans a front opening at the toe area to fit between adjacent toes to help secure the sock in place during movement, wherein the post element is a flexible strap or band, and wherein the post element is arranged to correspond to an area between the intended user's first and second toes, and wherein the sock is configured with one or more front openings, each configured for receiving and exposing one or more toes of the intended user.
However, Heathcote teaches garment comprising a sock (100) (see Figures 1-6C, Figures 1-3 reproduced below for convenience; paras. 0038-0051), wherein the sock is configured as a thong-style construction with a vertically oriented post element that spans a front opening at the toe area to fit between adjacent toes to help secure the sock in place during movement (see especially Figures 2-3; paras. 0010, 0024, 0045), wherein the post element is a flexible strap or band (paras. 0010, 0024), and wherein the post element is arranged to correspond to an area between the intended user's first and second toes, and wherein the sock is configured with one or more front openings, each configured for receiving and exposing one or more toes of the intended user (see especially Figures 2-3; paras. 0010, 0024, 0045).
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The modified invention of Song and Heathcote teach analogous inventions in the field of garments. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the open toe area of the modified invention of Song to be a thong-style construction with a vertically oriented post element that spans a front opening at the toe area arranged to correspond to an area between the intended user's first and second toes as taught by Heathcote because Heathcote teaches that this configuration is known in the art, beneficial for wear during modern dance (para. 0039 of Heathcote), and that the claimed thong-style construction with a vertically oriented post element that spans a front opening at the toe area arranged to correspond to an area between the intended user's first and second toes is an obvious variant of a construction as in Song wherein the front opening includes five toe openings (para. 0045 of Heathcote). It would further have been obvious to one of ordinary skill in the art that a sock with only two toe openings as in the sock of Heathcote would be easier to don quickly than a sock with five toe openings as in the sock of Song.
Claims 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Atack (as applied to claim 1 for claims 12-16 and as applied to claims 2-3 for claim 17) in further view of USPN 12,041,975 Blecha et al.
To claim 12, the modified invention of Song (i.e., Song in view of Atack, as detailed above) teaches a garment as recited in claim 1, above.
The modified invention of Song does not expressly disclose a garment wherein the sock further comprises a coating or patterning of elastomeric material on a surface of the sock.
However, Blecha teaches a sock (100) (see Figures 1-5; col. 4, lines 1-53; col. 5, line 49 – col. 8, line 46) comprising a coating or patterning of elastomeric material on a surface of the sock (see Figures 1-5; col. 4, lines 1-53; col. 5, line 49 – col. 8, line 46).
The modified invention of Song and Blecha teach analogous inventions in the field of garments. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the sock of the modified invention of Song to include elastomeric material as taught by Blecha because Blecha teaches that this configuration is known in the art and beneficial for reducing slip risks and enhancing performance during activities such as yoga and dance (col. 1, lines 18-28).
To claim 13, the modified invention of Song (i.e., Song in view of Atack and Blecha, as detailed above) further teaches a garment wherein the elastomeric material is thermally fused to the sock (see Figures 1-5, col. 4, lines 1-53, and col. 5, line 49 – col. 8, line 46 of Blecha).
To claim 14, the modified invention of Song (i.e., Song in view of Atack and Blecha, as detailed above) further teaches a garment comprising an elastomeric material disposed on an outward-facing surface of the sock, the outward-facing surface being configured to face a ground surface when worn (see especially Figure 3 and col. 6, lines 36-56 of Blecha).
To claim 15, the modified invention of Song (i.e., Song in view of Atack and Blecha, as detailed above) further teaches a garment comprising an elastomeric material disposed on an inward-facing surface of the sock, the inward-facing surface of the sock being configured to face the intended user when worn (see Figure 2 and col. 7, lines 25-43 of Blecha).
To claim 16, the modified invention of Song (i.e., Song in view of Atack and Blecha, as detailed above) further teaches a garment comprising an elastomeric material disposed on an inward-facing surface of the sock, the inward-facing surface of the sock being configured to face the user, when worn (see Figure 6 and col. 4, lines 1-26 of Blecha).
To claim 17, the modified invention of Song (i.e., Song in view of Atack, as detailed above) teaches a garment as recited in claims 2-3, above.
The modified invention of Baehr does not expressly teach a garment comprising elastomeric material disposed on an outward-facing top and/or side surface of the sock.
However, Blecha teaches a sock (100) (see Figures 1-5; col. 4, lines 1-53; col. 5, line 49 – col. 8, line 46) comprising an elastomeric material disposed on an outward- facing top and/or side surface of the sock (see Figure 6 and col. 4, lines 1-26 of Blecha).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the sock of the modified invention of Song to include elastomeric material as taught by Blecha because Blecha teaches that this configuration is known in the art and beneficial for reducing slip risks and enhancing performance during activities such as yoga and dance (col. 1, lines 18-28).
Conclusion
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/F Griffin Hall/Primary Examiner, Art Unit 3732
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