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 .
Election/Restrictions
Applicant's election with traverse of Species E, O and Y (citing claims 1-7, 9, 11-16, 18, 19 and 22 as readable on all the elected species) in the reply filed on June 28, 2026 is acknowledged. The traversal is on the ground(s) that a multi-reference obviousness rationale is improper to rely on for a lack of unity basis. This is not found persuasive because the combination of the references, as detailed in the Restriction Requirement mailed on May 7, 2026, provides evidence as to why the shared subject matter among all of the groups lacks a special technical feature in view of the combination of Osborn (CN 1098897 A) and Fukuhara (JP 2003171802 A). Since the features are not non-obvious in view of the prior art, the shared technical features are not deemed to be “special”, and the basis for lack of unity is maintained. This is true for each of the species groupings. Claims 24, 26 and 27 are withdrawn from further consideration, as being directed to a non-elected species.
Examiner notes that several dependent claims are directed to subject matter only shown in non-elected species:
Claims 3 and 4 are directed to the embodiment as shown in Fig. 1a, which is part of non-elected Species A
“pair of elongated ventral shaping elements” are defined as 140, and the “Y”-shape, which are shown in Fig. 1a, but not in elected Figs. 3a, 3b, 3c, 4d, 7a nor 7b
Claim 5 is directed to the embodiment as shown in Fig. 1b, which is part of non-elected Species B
dorsal shaping element comprises an integrated part of a knitted or weaved textile layer”, wherein “integrated part” is defined as 131 and shown in Fig. 1b, but not in elected Figs. 3a, 3b, 3c, 4d, 7a nor 7b
Claim 11 is directed to the embodiment as shown in Figs. 6a-6c, which is part of non-elected Species F
“pair of dorsally-ventrally extending fold lines” defined as 129a are shown in Figs. 6a-6c, but not in elected Figs. 3a, 3b, 3c, 4d, 7a nor 7b
Claim 22 is directed to the embodiment as shown in Figs. 4b-4c, which is part of non-elected Species N
The part of the Specification that describes the subject matter of claim 22 is in the section that discusses the embodiment of Fig. 4c (Page 42 of Specification), and such 50% coverage of a first distribution layer is not shown in elected Figs. 3a, 3b, 3c, 4d, 7a nor 7b
Accordingly, claims 3-5, 11 and 22 are further withdrawn from consideration as being directed to a non-elected embodiment. Examiner acknowledges Applicant’s statement referencing the Specification (Page 14: “it is understood that individual features and properties illustrated in different Figures can be combined in any way, subject to compatibility”). However, the species groupings were specifically based on the differences regarding how the embodiments were illustrated in the different figures in the Restriction Requirement: (i.e. “Species E — as shown in Fig. 3a, 3b, 3c (fifth embodiment of a protective garment)”).
The requirement is still deemed proper and is therefore made FINAL.
Response to Amendment
The amendments filed with the written response received on June 28, 2026 have been considered and an action on the merits follows. As directed by the amendment, claims 1-7, 9, 11-16, 18, 19, 22, 24, 26 and 27 have been amended; claims 8, 10, 17, 20, 21, 23 and 25 are canceled; claims 3-5, 11, 22, 24, 26 and 27 are withdrawn from further consideration. Accordingly, claims 1-7, 9, 11-16, 18, 19, 22, 24, 26 and 27 are pending in this application, with an action on the merits to follow regarding claims 1, 2, 6, 7, 9, 12-16, 18 and 19.
Drawings
The drawings are objected to because they contain reference numerals with a leading line that does not lead to any structure (for example: 100 in Figs. 3a, 3c, 7a, 7b; 110, 120 in Figs. 3b, 4d; Examiner notes that these are merely examples in the elected figures, and there are numerous other examples of leading lines that do not lead to a structural element throughout the remainder of the figures). If these leading lines are intended to be pointing to a structure/area, then Applicant should use an arrow instead.
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 Objections
Claims 1, 7, 13 and 16 are objected to because of the following informalities:
Claim 1, line 3: before “comprising” the phrase “, the protective garment” should be added
Claim 7, line 3: “a part” would be clearer if recited as “a separate part” when further reading the next line, which refers to “the separate part”
Claim 13: each instance of “the first layer” should recite “the flexible first layer” for sake of consistency within the claim language
Claim 13: each instance of “the second layer” should recite “the flexible second liquid-absorbing material layer” for sake of consistency within the claim language
See also claim 16
Claim 16: the instance of “the third layer” should recite “the flexible third liquid barrier layer” for sake of consistency
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 1 (and claims 2, 6, 7, 9, 12-16, 18 and 19 at least due to dependency from claim 1) 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 (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, Applicant recites in the preamble “[a] protective garment in the form of a pantie, a pair of trousers or other legwear with or without an upper/torso part”. It is unclear how the garment would not have a torso part and accomplish all of the remaining features in the body of the claim and in the dependent claims, because a torso part would be understood to include the equivalent of the “front part”, “back part”, “crotch part” and the “waist” that are structurally required in the claims. Correction is required. For purposes of examination, the claim will be interpreted as best as can be understood when applying any prior art thereagainst.
Further regarding claim 1, Applicant recites the word “it” (line 15) which is indefinite. Correction is required. Examiner suggests “the dorsal shaping element” instead of “it”, as best as can be understood.
Further regarding claim 1, Applicant recites the word “it” (line 18) which is indefinite. Correction is required. Examiner suggests “the application of the force” instead of “it”, as best as can be understood.
Further regarding claim 1, Applicant recites the phrase “a dorsally elongation of the crotch part”, which is confusing. Should this state “dorsal elongation of the crotch part”? Correction is required. For purposes of examination, the claim will be interpreted as best as can be understood when applying any prior art thereagainst.
Regarding claims 18 and 19, Applicant (in each claim) positively recites “an inner part of the crotch part” and “an outer part of the crotch part”. Claims 18 and 19 each depend from claim 12, which already positively recites “an inner part of the crotch part” and “an outer part of the crotch part”. It is indefinite as to whether claims 18 and 19 are reciting additional inner and outer parts of the crotch part, or should reference the existing inner part and outer part of the crotch part. Correction is required.
An effort has been made to identify all indefinite language with the pending claims. However, Examiner notes the above listing of 35 U.S.C. § 112 rejections may not be conclusive and Applicant is required to review every claim for compliance to 35 U.S.C. § 112(b) so as to facilitate a clear understanding of the claimed invention and proper application of the prior art.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 (and claims 2, 6, 7, 9, 12-16, 18 and 19 at least due to dependency from claim 1) is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter for the reason(s) below:
Regarding claim 1, Applicant appears to claim parts of the human body, which is not directed to statutory subject matter (i.e. human per se). For example, the claim recites “a dorsal shaping element, arranged along the intergluteal cleft of a standing user wearing the protective garment”, which is actively reciting structure in relation to a user/person, rather than reciting that the structure is configured/adapted to be used in such a manner. Correction is required. For purposes of examination, the claim will be interpreted as “a dorsal shaping element, arranged along the intergluteal cleft of a standing user when wearing the protective garment”.
Further regarding claim 1, Applicant appears to claim parts of the human body by reciting “a panel part separating the dorsal shaping element from the waist so that the dorsal shaping element does not extend all the way up the waist of the protective garment worn by the standing user”. Correction is required. For purposes of examination, the claim will be interpreted as “a panel part separating the dorsal shaping element from the waist so that the dorsal shaping element does not extend all the way up the waist of the protective garment when worn by the standing user”.
Further regarding claim 1, Applicant appears to claim parts of the human body by reciting “when a dorsal/upward force is applied to the dorsal shaping element via the panel part as a result of the waist being pulled upwards in relation to the user wearing the protective garment”. Correction is required. For purposes of examination, the claim will be interpreted as “when a dorsal/upward force is applied to the dorsal shaping element via the panel part as a result of the waist being pulled upwards in relation to the user when wearing the protective garment”.
Regarding claim 2, Applicant appears to claim parts of the human body by reciting “wherein the dorsal shaping element extends dorsally and upwards along the intergluteal cleft of the standing user wearing the protective garment”. Correction is required. For purposes of examination, the claim will be interpreted as “wherein the dorsal shaping element extends dorsally and upwards along the intergluteal cleft of the standing user when wearing the protective garment”.
Regarding claim 9, Applicant appears to claim parts of the human body by reciting “a dorsal end edge, generally laterally elongated and comprising a direction change, at the intergluteal cleft of the standing user wearing the protective garment, the direction change defining an acute angle pointing upwards/dorsally in relation to the user”. Correction is required. For purposes of examination, the claim will be interpreted as “a dorsal end edge, generally laterally elongated and comprising a direction change, at the intergluteal cleft of the standing user when wearing the protective garment, the direction change defining an acute angle pointing upwards/dorsally in relation to the user, when the garment is being worn”.
Regarding claim 12, Applicant appears to claim parts of the human body by reciting “wherein the crotch part extends along a path along the sagittal plane of a standing user wearing the protective garment, at least part of the path extending along the intergluteal cleft of the standing user”. Correction is required. For purposes of examination, the claim will be interpreted as “wherein the crotch part extends along a path along the sagittal plane of a standing user when wearing the protective garment, at least part of the path-extending along the intergluteal cleft of the standing user, when the garment is being worn”.
Regarding claim 13, Applicant appears to claim parts of the human body by reciting “the dorsal joining area extends laterally in relation to the standing user wearing the protective garment”. Correction is required. For purposes of examination, the claim will be interpreted as “ the dorsal joining area extends laterally in relation to the standing user when wearing the protective garment”.
Regarding claim 15, Applicant appears to claim parts of the human body by reciting “a generally laterally elongated shape comprising a direction change, at the intergluteal cleft of the user, the direction change defining an acute angle pointing upwards/dorsally in relation to the user”. Correction is required. For purposes of examination, the claim will be interpreted as “a generally laterally elongated shape comprising a direction change, adapted to be located at the intergluteal cleft of the user, the direction change defining an acute angle pointing upwards/dorsally in relation to the user, when the garment is being worn”.
Regarding claim 19, Applicant appears to claim parts of the human body by reciting “a first distribution layer being arranged with higher liquid transportation capacity in a direction perpendicular to the skin of the standing user wearing the protective garment as compared to in a direction parallel to the skin; a second distribution layer being arranged with a higher liquid transportation capacity in a direction parallel to the skin as compared to in a direction perpendicular to skin”. Correction is required. For purposes of examination, the claim will be interpreted as “a first distribution layer being arranged with higher liquid transportation capacity in a direction perpendicular to the skin of the standing user when wearing the protective garment as compared to in a direction parallel to the skin, when the garment is being worn; a second distribution layer being arranged with a higher liquid transportation capacity in a direction parallel to the skin as compared to in a direction perpendicular to skin, when the garment is being worn”.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 6, 7, 9, 12-15 and 18, as best as can be understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (hereinafter “Lee”) (KR 10-1956752 B1; please refer to English machine translation of Lee provided herewith).
Regarding independent claim 1, Lee discloses a protective garment (see Fig. 1; “sanitary panty having a pad” (Title of Lee)) in the form of a pantie, a pair of trousers or other legwear with or without an upper/torso part (as noted above), the protective garment being a washable garment arranged for repeated use (the panty is capable of being washed and used repeatedly, inasmuch as the claim has structurally defined the garment; “The first absorbent layer 72 is a nonwoven fabric having a plurality of pores, and liquid is introduced into the pores to store the liquid. At this time, the pore size of the first absorbent layer 72 may be such that the absorbed liquid can sufficiently remain and the liquid can easily escape when it comes into contact with water during washing.” (middle of Page 4 of English machine translation of Lee)) [, the protective garment] comprising a front part (see Fig. 1; Examiner notes that the term "part" is very broad and merely means "a portion, division, piece, or segment of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)); a back part (see Fig. 2); a waist (top edge portion of the garment is a waist of the garment); and a crotch part (see Fig. 6, which shows a general crotch part) having a leak-proof body (page 4, second paragraph of English machine translation states “the absorbent pad 20 is disposed on the inner surface of the panty body 10 to prevent the liquid absorbed in the absorbent pad 20 from leaking”), wherein the protective garment comprises a dorsal shaping element (see annotated Fig. 6 below, which identifies an arbitrary dorsal shaping element; Examiner notes that the term "element" is very broad and merely means "a component or constituent of a whole or one of the parts into which a whole may be resolved by analysis". (Noun defn. No. 1 of "Random House Kernerman Webster's College Dictionary" entry via TheFreeDictionary.com)), arranged along the intergluteal cleft of a standing user wearing the protective garment (see Fig. 6, representative of a center line which would be along a hypothetical standing user’s intergluteal cleft; Examiner notes that the term "along" is very broad and has a definition of "on a line or course parallel and close to; continuously beside" (Defn. No. 2 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), fastened to or constituting an integrated part of the leak-proof body and fastened to or constituting an integrated part of the back part (as shown in the figures, everything in the garment is at least fastened to everything else, if not an integrated part of other components therein), wherein the back part comprises a panel part separating the dorsal shaping element from the waist so that the dorsal shaping element does not extend all the way up the waist of the protective garment worn by the standing user (see annotated Fig. 6, identifying an arbitrary back panel part that separates the identified dorsal shaping element from the waist), wherein the dorsal shaping element is arranged so that it provides locally differing properties of the material of the protective garment so that, when a dorsal/upward force is applied to the dorsal shaping element via the panel part as a result of the waist being pulled upwards in relation to the user wearing the protective garment, it in turn forces a part of the crotch part extending along the intergluteal cleft of the user upwards (since all of the components are mechanically secured to one another, any hypothetical dorsal/upward force that would be acted on the identified dorsal shaping element via the panel part of the back part would also act on a part of the crotch part that extends along the hypothetical user’s intergluteal cleft, upwards), wherein the locally differing properties are provided by the dorsal shaping element comprising one or several of applied silicone or a different glue; a weld; a stitching; a fiber flocking; a velvet material; injected molten plastic material, locally varied seamless knitting (the dorsal shaping element has stitching, which would constitute the “locally differing properties”, inasmuch as the claim has defined); and a dorsally [dorsal? See 35 U.S.C. 112(b) rejection of claim 1 above] elongation of the crotch part overlapping with and fastened to the back part (as show in Fig. 6), and wherein the dorsal shaping element constitutes, is comprised in or comprises a joining area, joining together the leak-proof body and the back part (see annotated Fig. 6 below, which identifies an arbitrary dorsal joining area; Examiner notes that the term "area" is very broad and merely means "a section, portion, or part". (Defn. No. 3 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com); Examiner notes that the “area” could be identified elsewhere and meet the limitations of the claim, as currently recited).
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Regarding claim 2, Lee discloses that the dorsal shaping element extends dorsally and upwards along the intergluteal cleft of the standing user wearing the protective garment (see Fig. 6, representative of a center line which would be along a hypothetical standing user’s intergluteal cleft in a dorsal and upward direction of extent).
Regarding claim 6, Lee discloses that the joining area joins together a liquid-absorbing layer comprised in the leak-proof body and the back part (the identified joining area is part of the multi-layer absorbent pad construction, which includes the stitching that joins together the layers (see Figs. 5, 7, 8), wherein there is a liquid-absorbing layer included therein (as #72 and/or #74 in Fig. 8); Page 4 of English machine translation).
Regarding claim 7, Lee discloses that the dorsal shaping element comprises a part being separate from the crotch part and the back part, the separate part connecting the crotch part to the back part (the actual stitches of the dorsal shaping element are separate structures themselves from the crotch part and the back part and the stitches connect the crotch part to the back part, inasmuch as the claim has defined).
Regarding claim 9, Lee discloses that the crotch part comprises a dorsal end edge, generally laterally elongated (the top edge of the dorsal shaping element has a measurable laterally-aligned length and a portion of a vertical length connected thereto at the corner, so it is elongated laterally, at least to some extent, inasmuch as the claim has defined) and comprising a direction change (see annotated Fig. 6 above, showing the solid-line representative of the laterally-elongated shape, which has a direction change), at the intergluteal cleft of the standing user wearing the protective garment, the direction change defining an acute angle pointing upwards/dorsally in relation to the user (the direction change points an angle that is partially upwards and partially horizontal; Examiner notes that the garment’s structures are flexible and manipulable such that the direction change angle could be acute (i.e. if the material were slightly pinched, for example, or if the material were stretched in a diagonal direction that bisects the two side segments of the angle) and could be pointed upwards/dorsally relative to a hypothetical user, depending on the manner in which the user is wearing the garment).
Regarding claim 12, Lee discloses that the crotch part extends along a path along the sagittal plane of a standing user wearing the protective garment, at least part of the path extending along the intergluteal cleft of the standing user (the garment is capable of being worn in this intended use manner), and wherein the crotch part comprises, in order from an inner part of the crotch part to an outer part of the crotch part: a flexible first layer (#76); a flexible second liquid-absorbing material layer (#72), extending along the path; and a flexible third liquid barrier layer (#70).
Regarding claim 13, Lee discloses that the crotch part comprises a dorsal joining area joining together the first layer and the second layer (see annotated Fig. 6 above; the dorsal joining area includes stitching), and wherein the dorsal joining area extends laterally in relation to the standing user wearing the protective garment (the identified dorsal joining area has at least some measurable lateral extent) and fastens the second layer to the first layer (as noted above, the dorsal joining area includes stitching, which fastens the layers together).
Regarding claim 14, Lee discloses that the dorsal joining area constitutes a liquid barrier (part of the dorsal joining area is layer #70, which is a liquid barrier).
Regarding claim 15, Lee discloses that the dorsal joining area comprises a generally laterally elongated shape (the arbitrary dorsal joining “area” has a measurable laterally-aligned length, so its shape is elongated laterally, at least to some extent, inasmuch as the claim has defined; Examiner notes that the dorsal shaping area, as shown in annotated Fig. 6 above is exemplary and could be drawn with another shape and meet the claim limitations, inasmuch as the claim has defined the dorsal joining area) comprising a direction change (see annotated Fig. 6 above, showing the solid-line representative of the laterally-elongated shape, which has a direction change), at the intergluteal cleft of the user, the direction change defining an acute angle pointing upwards/dorsally in relation to the user (the direction change points an angle that is partially upwards and partially horizontal; Examiner notes that the garment’s structures are flexible and manipulable such that the direction change angle could be acute (i.e. if the material were slightly pinched, for example, or if the material were stretched in a diagonal direction that bisects the two side segments of the angle) and could be pointed upwards/dorsally relative to a hypothetical user, depending on the manner in which the user is wearing the garment).
Regarding claim 18, Lee discloses that the crotch part comprises, in order from an inner part of the crotch part to an outer part of the crotch part, a first distribution layer having relatively large pores (#76; see Fig. 8 order of arrangement); a second distribution layer having relatively small pores (#74; Page 4 of English machine translation discloses that the mesh layer #76 has a pore size larger than that of the second absorbent layer #74); a liquid-absorbing layer (#72); and a liquid barrier (#70).
Allowable Subject Matter
Claims 16 and 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. All art cited on the PTO-892 and not relied upon in an art rejection above is deemed relevant in the field of panty garments with stitching patterns and/or absorbent materials at the crotch portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMESON COLLIER whose telephone number is (571)270-5221. The examiner can normally be reached Monday - Friday 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLINTON OSTRUP can be reached at (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMESON D COLLIER/ Primary Examiner, Art Unit 3732
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