DETAILED ACTION
This is in response to a request for continued examination (RCE) filed on 4/3/26 in which claims 1-6, 8-20 are presented for examination.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/3/26 has been entered.
Examiner-Initiated Interview for Examiner’s Amendments
Courtesy calls by the examiner were made on 5/6/26 and 5/7/26 to attorney of record Jon Deppe to propose the following examiner’s amendment, but no agreement could be reached:
Claim 1 Line 10 after “portion” add –and an outer moisture barrier”
Claim 1 Line 13 delete “an outer moisture barrier,”
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim(s) 1-6, 8-20 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Similarly as previously indicated—Claim 1 Lines 9-13 “the inserts each comprising a moisture absorbent inner portion….; and an outer moisture barrier,” indicating that the outer moisture barrier 125B is not of the first and second inserts 125, 125 alongside moisture absorbent inner portion 125A but is only of the bra, is new matter. Though the bra can be considered as comprising an outer moisture barrier 125B, to arrange to the claims such that outer moisture barrier 125B is not of the inserts is considered new matter, especially as the disclosure indicates otherwise, such as in Fig. 3. The semicolon indicates that the “comprising” term ends with the moisture absorbent inner portion 125A, and does not include the outer moisture barrier 125B. See “examiner-initiated interview” section above for examiner proposed amendments.
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.
Claim(s) 1-6, 8-20 is/are rejected under U.S.C. 112(b).
Claim 1 Lines 8-13 is unclear and therefore renders the claim indefinite. Based on the original disclosure, the insert 125 comprises 125A, 125B. However, the claims are not currently written as such (see 112(a) new matter rejection above). For the purposes of applying art and providing rejections, the claims will be interpreted as is, in contradiction to the original disclosure.
Dependent claims are rejected at the least for depending on rejected claims.
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.
As best understood in light of the 112(b) rejections-- Claim(s) 1-3, 5, 8-11, 14-16, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bastug (EP 4346470) in view of Chong et al (USPN 12564225), herein Chong.
Regarding Claim 1, Bastug teaches a washable moisture absorbent bra for a lactating person (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. 3-5; [0013] "Fig. 3 is a front…view of another exemplary sustainable bra garment, according to present disclosure; Fig. 4 is a rear…view of the…bra garment illustrated in Fig. 3; and Fig. 5 is an enlarged….cup of the …bra garment according to the present disclosure"; [0014] "bra garment 100 may be...maternity bra"; [0022] "pads 108 are formed only of…EVA"; [0013] “EVA Foam sheet used for forming one or more pads”; wherein it is known in the art that EVA absorbs moisture, see extrinsic evidence Foam Order NPL; Bastug teaches the bra with EVA which meets the structural limitations in the claims and performs the functions as recited such as being capable of being washable, moisture absorbent, and for a lactating person, especially in light of the recitations) comprising:
first and second cup portions (see Figs. 3-5; [0015] "pads 108 for the cup portions 102a, 102b"),
each cup portion defined by a continuous inner layer and a continuous outer layer ([0013] "Fig. 3 is a front...Fig. 4 is a rear"),
the inner layer extending across an inside of the cup portion and configured to be positioned against a breast of the lactating person when used (see Figs. 4, 5; Bastug teaches the extent and inner position which meets the structural limitations in the claims and performs the functions as recited such as being capable of being against a breast as recited),
and the outer layer extending across an outside of the cup portion and defining an exterior of the bra such that the outer layer is not exposed on the inside of the cup portion (see Figs. 3, 4);
first and second inserts attached to the bra intermediate the inner and outer layers in the first and second cup portions, respectively (see Fig. 5 for intermediate; [0015] "pads 108 for the cup portions 102a, 102b"; for attached -- [0025] "front surface 110 of each pad 108 may also be laminated to assist with application of the outer piece 120 of the cup portions 102a, 120b"; wherein first/second is left/right),
the inserts each comprising a moisture absorbent inner portion ([0022] "pads 108 are formed only of…EVA"; wherein EVA is moisture absorbent as previously established in the rejection of the preamble),
an inner side of each of the first and second inserts abutting the inner layer of the corresponding cup portion, and an outer side of each of the first and second inserts abutting the outer layer of the corresponding cup portion (see Figs. 3-5; [0019] "each of the cup portions 102a, 102b of the bra garment 100 has an outer piece 120 and an inner piece 122 that can be attached, such as by sewing, to one another at respective perimeters thereof forming a pad receiving area 124 therebetween in which respective pads 108 are contained, as seen in Fig. 5"); and
wherein the first insert is attached to a central part of the inner layer of the first cup portion and the second insert is attached to a central part of the inner layer of the second cup portion such that a first insert-free portion is defined between an edge of the first insert and an edge of the first cup portion and a second insert-free portion is defined between an edge of the second insert and an edge of the second cup portion (see Fig. 4 where pad 108 is not coextensive with the cups and therefore there's an insert-free portion for each; attached--[0025] "front surface 110 of each pad 108 may also be laminated to assist with application of the outer piece 120 of the cup portions 102a, 120b"; eventually attached to inner via outer -- [0019] "each of the cup portions 102a, 102b of the bra garment 100 has an outer piece 120 and an inner piece 122 that can be attached, such as by sewing, to one another at respective perimeters thereof forming a pad receiving area 124 therebetween in which respective pads 108 are contained, as seen in Fig. 5"; [0019] "outer piece can be formed of nylon or recycled nylon, and the inner piece can be formed of polyester or recycled polyester").
Bastug does not explicitly teach the bra comprising an outer moisture barrier.
However, Bastug teaches that the bra is of recycled or sustainable materials ([0015] "the entirety or substantially the entirety of the bra garment 100 can be formed of only sustaining and recycled materials"; [0019] "recycled nylon…recycled polyester").
Chng teaches a bra cup comprising a recycled or sustainable outer moisture barrier (see Fig. 1; Col. 34 Line 63-Col. 35 Line 1 "a Merino fluid wicking layer 1 is overlayed by a single microfibre terry layer 2 (fluid trapping core), which is itself overlayed by a polyurethane foam scaffold 3, which is then overlayed by a water repellent polyester 4 which corresponding to the moisture barrier component of the assembly", wherein it is known in the art that Merino is natural—see extrinsic evidence Woolmark NPL, microfiber is sustainable/recyclable--see extrinsic evidence Microfiber Wholesale NPL, wherein PU foam is known to be sustainable/recyclable—see extrinsic evidence Synthesia NPL, and wherein polyester is known to be sustainable—especially as recited by Bastug).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug's EVA insert with the Chong insert for sustainable material for another, in order to have both moisture barrier and moisture absorption, as a known effective system for moisture management (title).
Regarding Claim 2, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug further teaches wherein the first insert-free portion comprises a peripheral portion extending around a periphery of the first insert and the second insert-free portion comprises a second peripheral portion extending around a periphery of the second insert (see Fig. 4 with a periphery around insert/pad 108).
Regarding Claim 3, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug further teaches wherein the first and second insert-free portions include insert-free portions between the first insert and a first seam associated with the edge of the first cup portion and between the second insert and a second seam associated with the edge of the second cup portion ([0019] "each of the cup portions 102a, 102b of the bra garment 100 has an outer piece 120 and an inner piece 122 that can be attached, such as by sewing, to one another at respective perimeters thereof forming a pad receiving area 124 therebetween in which respective pads 108 are contained, as seen in Fig. 5"; wherein the sewing indicates seams).
Regarding Claim 5, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug further teaches wherein at least one of the inner and outer layers comprise stretch fabric ([0004] “first and second side wing panels is one or more recycled fabrics”; [0019] "outer piece can be formed of nylon or recycled nylon, and the inner piece can be formed of polyester or recycled polyester", wherein it is known in the art that nylon is stretchable, see extrinsic evidence Alva USPN 11241048, Col. 14 Lines 20-23).
Regarding Claim 8, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug does not explicitly teach wherein the first and second inserts are each not attached to the outer layer.
However, Bastug teaches the opposite as one option amidst a variety of interchangeable arrangements ([0019] "each of the cup portions 102a, 102b of the bra garment 100 has an outer piece 120 and an inner piece 122 that can be attached, such as by sewing, to one another at respective perimeters thereof forming a pad receiving area 124 therebetween in which respective pads 108 are contained, as seen in Fig. 5"; for opposite being to front/outer-- [0025] "front surface 110 of each pad 108 may also be laminated to assist with application of the outer piece 120 of the cup portions 102a, 120b. The back surface 112 of each pad 108 may be devoid of any lamination. Alternatively, each pad 108 can be devoid of any lamination altogether, i.e. on either the front or back surface 110 and 112 thereof").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug such that the attachment is at the inner layer only instead of outer layer as there are a finite number of solutions, especially as the majority of solutions are already being recited in Bastug, based on aesthetic design choice.
Regarding Claim 9, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug does not explicitly teach wherein the first and second inserts are each attached to the inner layer at or adjacent to a peripheral edge of the first and second inserts.
However, However, Bastug teaches the opposite as one option amidst a variety of interchangeable arrangements ([0019] "each of the cup portions 102a, 102b of the bra garment 100 has an outer piece 120 and an inner piece 122 that can be attached, such as by sewing, to one another at respective perimeters thereof forming a pad receiving area 124 therebetween in which respective pads 108 are contained, as seen in Fig. 5"; for opposite being to front/outer-- [0025] "front surface 110 of each pad 108 may also be laminated to assist with application of the outer piece 120 of the cup portions 102a, 120b. The back surface 112 of each pad 108 may be devoid of any lamination. Alternatively, each pad 108 can be devoid of any lamination altogether, i.e. on either the front or back surface 110 and 112 thereof").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug such that the attachment includes the inner layer as there are a finite number of solutions, especially as the majority of solutions are already being recited in Bastug, based on aesthetic design choice.
Regarding Claim 10, modified Bastug teaches all the claimed limitations as discussed above in Claim 9.
Bastug does not explicitly teach wherein the first and second inserts are stitched to the inner layer.
Chong further teaches wherein the first and second inserts are stitched to the inner layer (Col. 13 Lines 5-7, 10-12 "bra cup scaffold may be bonded or laminated…to a moisture management and moulded assembly….bra cup scaffold may alternatively be stitched to a moisture management and moulded assembly").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug’s lamination to be stitching as taught by Chang as a simple substitution of one attachment type for another, as a known effective attachment method in the brassiere art (Col. 13 Lines 5-7, 10-12).
Regarding Claim 11, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug further teaches wherein the moisture absorbent inner portion of each of the first and second inserts comprise a moisture absorbent pad ([0022], wherein rejection of preamble of Claim 1 already established 108 as moisture absorbent pad).
Regarding Claim 14, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Modified Bastug further teaches wherein the moisture barrier comprises polyurethane film (see Chong Fig. 1; Col. 34 Line 63-Col. 35 Line 1 "a Merino fluid wicking layer 1 is overlayed by a single microfibre terry layer 2 (fluid trapping core), which is itself overlayed by a polyurethane foam scaffold 3, which is then overlayed by a water repellent polyester 4 which corresponding to the moisture barrier component of the assembly", wherein scaffold 3 constitutes a film as a thin covering, see extrinsic evidence Merriam Webster NPL).
Regarding Claim 15, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug further teaches wherein the inserts are substantially uniform in cross-section (see Fig. 5 for 108 substantially uniform at least at a section).
Regarding Claim 16, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug further teaches wherein the inserts are at least partially cup-shaped (see Fig. 5).
Regarding Claim 20, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug further teaches a wireless bra ([0028] "bra garment 100' may not have underwire, as seen in Figs. 3 and 4").
As best understood in light of the 112(b) rejections-- Claim(s) 4, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bastug (EP 4346470) in view of Chong et al (USPN 12564225), herein Chong, further in view of Sorensen (US Publication 2003/0186617).
Regarding Claim 4, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug does not explicitly teach wherein at least one of the inner and outer layers are knitted.
However, Bastug teaches the materials of the inner/outer layers ([0019] "outer piece can be formed of nylon or recycled nylon, and the inner piece can be formed of polyester or recycled polyester").
Sorensen teaches bra layer knitted with nylon and/or polyester ([0030] "brassiere…knitted from yarn made from one or more of the following fiber types; elastane/spandex, polyamide, polyester").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of Bastug’s inner/outer layers to be knitted as taught by Sorensen as a known arrangement for such material for a maternity bra (abstract), which Bastug is as well ([0014]).
Regarding Claim 18, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug does not explicitly teach wherein the inner and outer layers extend continuously from respective sides of the cup portions to a rear of the bra.
Sorensen further teaches wherein the inner and outer layers extend continuously from respective sides of the cup portions to a rear of the bra (see Fig. 3; [0083] "from the middle portion of the circularly knitted blank 12 the back portion...the front portion and cups 18 and side portions (not shown) are formed"; [0082] "lower part 14 of the circular knitted blank 12 the inner cups 15 are formed"; [0086] "middle 17…corresponds to the shape of the piece of fabric from which the inner cups 15 are formed”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug’s extent to be continuous as taught by Sorensen for easier manufacturing.
Regarding Claim 19, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug further teaches a nursing bra ([0014] "bra garment 100 may be...maternity bra"; Bastug teaches the bra which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for nursing).
Bastug does not explicitly teach the nursing bra including one or more clamp fasteners, to enable the cup portions to open, exposing the breast of the lactating person.
Sorensen teaches one or more clamp fasteners, to enable the cup portions to open, exposing the breast of the lactating person (see Fig. 4; [0087] "left cup 3a, which has been pulled down, and a right cup 3b which still is in place and fastened to a shoulder strap 5b. On the cup 3a, which has been pulled down, the clasp 6a, which is an eye element , is seen. At the top of the cup 3b is seen the clasp element 6b, which is fastened to the clasp element 7b"; [0088] "shoulder strap 5a is connected with a clasp 7a...woman nursing will easily be able to unfasten the clasp 6a or 6b and pull down the cups 3a and/or 3b"; Sorensen teaches the clasp/clamp fasteners which meets the structural limitations in the claims and performs the functions as recited such as being capable of enabling the cup portions to open and expose as recited).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug’s bra with clamp fasteners of Sorensen for ease of nursing ([0088]).
As best understood in light of the 112(b) rejections-- Claim(s) 6, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bastug (EP 4346470) in view of Chong et al (USPN 12564225), herein Chong, further in view of Marshall et al (US Publication 2015/0044943), herein Marshall.
Regarding Claim 6, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug does not explicitly teach wherein at least one of the inner and outer layers are formed of merino wool.
However, Bastug teaches wherein at least one of the inner and outer layers are formed of sustaining or recycled materials such as nylon or polyester ([0019] "outer piece can be formed of nylon or recycled nylon, and the inner piece can be formed of polyester or recycled polyester"; [0015] "the entirety or substantially the entirety of the bra garment 100 can be formed of only sustaining and recycled materials").
Marshall teaches wherein at least one of the inner and outer layers are formed of merino wool which is a sustaining and recycled material (see Figs. 7, 9; [0062] "bra 102 can include an outer layer 134 and a liner 136...the outer layer 134 can include...nylon"; [0063] "liner can be in contact with the skin of the user and can be made from a soft flexible material such as merino wool…this can help absorb moisture").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug’s inner layer to be merino wool as taught by Marshall as a known combination with an outer layer of nylon in a brassiere, and/or as a known substitute for polyester such as for insulation purposes ([0049]).
Regarding Claim 12, modified Bastug teaches all the claimed limitations as discussed above in Claim 11.
Bastug does not explicitly teach wherein the moisture absorbent pads are less than 3 mm thick.
Marshall teaches wherein pads are less than 3 mm thick (see Fig. 2; [0032] "The insulating inserts 108 can be inserted into and/or removed from the one or more pockets 106 via pocket openings 110 situated on the bra 102"; [0035] "insulating insert 108 may exhibit a thickness T…greater than about a 0.05 inches" which is 1.27 mm; [0035] "The thickness T may define in part the level of thermal insulation provided by the insulating insert 108").
Nevertheless, in the case that the prior art of Marshall lacks sufficient specificity, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Marshall’s range of pad thickness from greater than 0.05 inches/1.27mm into 1.27mm to less than 3mm and thereby meet the range less than 3mm thick as claimed, as applicant appears to have placed no criticality on the claimed range (see applicant specification [0018]) and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug’s bra pad to be the bra pad thickness as taught in Marshall depending on the level of insulation desired ([0035]).
As best understood in light of the 112(b) rejections-- Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bastug (EP 4346470) in view of Chong et al (USPN 12564225), herein Chong, further in view of Triado et al (US Publication 2022/0168159), herein Triado.
Regarding Claim 13, modified Bastug teaches all the claimed limitations as discussed above in Claim 11.
Bastug does not explicitly teach wherein the moisture absorbent pads are between 300 GSM and 600 GSM.
Triado teaches wherein the moisture absorbent pads are between 300 GSM and 600 GSM (see Fig. 3; [0081] "Fig. 3 illustrates comprising a pair of pads 11"; [0057] "each of the layers 3b, 3c …350-450 GSM"; [0057] "layers 3b, 3c are absorbent layers", wherein it is understood by one of ordinary skill in the art that pads 11 are of pad 1 in Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug’s moisture absorbent pads to be the GSM as taught by Triado as a known effective GSM for moisture absorbent pads in a brassiere ([0081], [0057]), which Bastug is as well.
As best understood in light of the 112(b) rejections-- Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bastug (EP 4346470) in view of Chong et al (USPN 12564225), herein Chong, further in view of Diaz et al (USPN 1036590), herein Diaz.
Regarding Claim 17, modified Bastug teaches all the claimed limitations as discussed above in Claim 1.
Bastug does not explicitly teach wherein the inner and outer layers extend continuously into and define straps of the bra, for supporting the bra over shoulders of the lactating person.
Diaz teaches wherein the inner and outer layers extend continuously into and define straps of the bra, for supporting the bra over shoulders of the lactating person (see Fig. 4 for foldable bra that is knitted, and with continuous straps; Col. 10 Lines 14-15 "flat-knit bra 82").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bastug’s extent to be continuous as taught by Diaz for easier manufacturing.
Response to Arguments
Applicant’s arguments with respect to claims 1-6, 8-20 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations.
Conclusion
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
Prosecution Insights