DETAILED ACTION
Claims 1-11, 13-21 are pending. Claims 1, 2, 4-7, 15, 17-19, and 21 are amended.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 17, 2026 has been entered.
Response to Amendment
This office action is responsive to the amendment filed on March 17, 2026. As directed by the amendment: claims 1, 2, 4-7, 15, 17-19, and 21 have been amended,. Thus, claims 1-11, and 13-21 are presently pending in this application.
Applicant’s amendment to the claims has overcome the 35 USC §112(b) rejections.
Applicant’s amendment to the claims has overcome some 35 USC §103 rejections, however all claims remain rejected under §103
Response to Arguments
Applicant's arguments filed March 17, 2026 have been fully considered but they are not persuasive.
Applicant argues that the McCombs does not disclose curved fold lines with defined surface because the flaps cannot be considered curved fold line which have a pre-formed locus of bending. The examiner respectfully disagrees. The “flaps” 20, 201 are sewn along the seams 18 and 19, respectively. Seams 18 and 19 are curved. Fig. 3 also depicts where the seams are located and that the seams point outward, or away from the central plane. This forms a pre-formed bending because the seam location causes the flap to be upward (see annotated Fig. 6 below).
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Next applicant argues that the flaps of McCombs are not part of a leak-proof body because they are purely comfort structures. The examiner disagrees. Initially “leak-proof body” does not connote a particular structure and the examiner has determined that the flaps of McCombs are part of this body. Furthermore, the claims does not require that the flaps be leak proof, but rather that the leak-proof body comprises a side part. See 112(b) rejections below regarding additional issues in that the flaps are both attached to the leak-proof body, but also form the leak-proof body, creating confusion as to what is required. As modified, the body portion is leak proof for the reasons stated in the Final Rejection and as detailed below.
Next, Applicant argues that the elastic materials of Redwine do not interconnect discrete fold-line endpoints to bias side parts upward. The Examiner disagrees. The panels of McCombs that span the front and back panels, will necessarily cause biasing upwards if tension, as compared to when loosed. This is the same principle as a string being held between two horizontal spots on a plane in a drooping fashion. When the two spots are moved horizontally away from each other, string will tighten up and move upwards. The same is true in McCombs. When pulled apart, by a person wearing the garment, or by hand, the bottom portion will move upwards due to the tension.
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Next, Applicant argues that McCombs does not disclose an upward cup formation. The examiner respectfully disagrees. McCombs discloses a cup formation, and depending on the particular individual wearing the garment, will cover the genitalia of the standing female or male user.
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.
Claims 1-11, and 13-21 are 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 pre-AIA the applicant regards as the invention.
Claim 1 recites “the rest of the leak-proof body”. There is insufficient antecedent basis for this limitation in the claim. It is unclear if there is an omission of a previously recited element or if “the” should be changed to “a”. It is further unclear what “rest of the leak-proof body” means as the claims already recites that the leak-proof body includes a side part on each side. Furthermore, the leak-proof body comprises the side parts, thus it is unclear how the side parts can be connected to the leak-proof body. That is, the side parts cannot attach to something that they are already a part of.
Claim 3 recites “each of the side parts is only connected to the leak-proof body, or even to the rest of the protective garment, along the respective curved fold line”. First. there is insufficient antecedent basis for “the rest of the protective garment” in the claim. It is unclear if there is an omission of a previously recited element or if “the” should be changed to “a”. Furthermore, the protective garment comprises the side parts. Thus, it is unclear how the side parts can be attached to the protective garment, when they form a component of the protective garment. Next, it is unclear what “or even to the rest of the protective garment” means. It is unclear if this recitation is stating that the only place that the side part is connected is along the curved fold line, or is the statement stating that it could be only connected to the leak-proof body at this location, or only to the protective garment at this location.
Claim 5 recites “a wearing female user”. It is unclear if the claim attempts to introduce another person, and thus perhaps two different garments or if this refers to the same standing female user.
Claim 18 recites “a standing female user”. It is unclear if this refers to the same female user of claim 1 or a different female user and thus possibly a second protective garment.
Claim 21 recites “a standing female user”. It is unclear if this refers to the same female user of claim 1 or a different female user and thus possibly a second protective garment.
The dependent claims inherit(s) the deficiency by nature of dependency.
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.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-11, 13-21 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 1 recites “a respective side part arranged on either lateral side of the genitals of a standing female user wearing the protective garment” which thus requires a standing female user in order for infringement to occur and thus claims a human organism. The examiner suggests “a respective side part configured to be arranged on either lateral side of the genitals of a standing female user wearing the protective garment”. Claim 4 recites “the standing female user wearing the protective garment” which thus positively claims a human organism. Claim 5 recites “a wearing female user” which thus positively claims a human organism. Claim 6 recites “the wearing female user” which positively recites a human organism. Claim 18 recites “along the intergluteal cleft of a standing female user”, “worn by the standing female user”, “upwards in relation to the female user” and “the intergluteal cleft of the female user upwards” each of which positively claims a human organism. Claim 19 recites “in relation to the female user wearing the protective garment” which claims a human organism. Claim 21 recites “the sagittal plane of a standing female user” and “the intergluteal cleft of the standing female user” each of which claims a human organism.
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 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.
Claims 1-4, 7, 10, 11, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwak (KR 101218270) in view of Shafer et al. (US 4382443).
Regarding claim 1, Kwak protective garment in the form of a pantie (abstract), a pair of trousers or other legwear with or without an upper/torso part, the protective garment being a washable garment (every garment is washable) arranged for repeated use by a female user, comprising:
a front part (front part 200);
a back part (rear part 300);
a waist (see annotated Fig. 1); and
a crotch part (pad 500, bottom 400) having a leak-proof body (prevents body fluid not absorbed from leaking out of panties, para. 10),
wherein:
the leak-proof body comprises a respective side part (auxiliary pad 600) arranged on either lateral side of the genitals of a standing female user wearing the protective garment, each side part being connected to the rest of the leak-proof body via a respective curved fold line that forms a pre-formed bending region of the leak-proof body (see annotated Fig. 3, at curved seam line), the curved fold line being defined by a center of curvature located laterally outside of the leak-proof body (see annotated Fig. 3), and
the respective end points of each of the fold lines are interconnected by a flexible element (same material as panties, para. 25) such that, when the garment is worn, the flexible element applies a tensile force drawing the end points together and thereby biases the respective side parts upward relative to the genitals of the standing female user (whether elastic or not elastic, if the garment body is spread apart, the flexible element will straighten out and pull the lower portion upward).
Kwak does not explicitly describe that the side part is arranged with an elastic property.
Kwak does describe that the part 600 may be the same material as the panty 100 (para. 25).
In related art for protective garments, Shafer describes where the body of the panty is elastic (stretchable nylon spandex, col. 1, ll. 59-65).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the panty of Kwak to be elastic, and thus correspondingly change the side part 600 to be elastic, in order for the panty to assume a snug fit while remaining in proper position on the wearer’s body (col. 1, ll. 59-65)
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Regarding claim 2, Kwak as modified describes the protective garment of claim 1, wherein the pulling force causes the flexible element to be straight when the protective garment is worn by the female user and the flexible element as a result thereof is stretched or at least subjected to a pulling/tensile force (depending on the size of the particular user the garment will be stretched out and pull the flexible element, furthermore, see Fig. 5).
Regarding claim 3, Kwak as modified describes the protective garment of claim 1, wherein each of the side parts is only connected to the leak-proof body, or even to the rest of the protective garment, along the respective curved fold line (see Fig. 3).
Regarding claim 4, Kwak as modified protective garment of claim 1, wherein: the pulling force forces the flexible elements upwards in relation to the standing female user wearing the protective garment, forming a cup-shape covering the genitalia of the standing female user (see Fig. 5, includes a cup-shape).
Regarding claim 7, Kwak as modified describes the protective garment of claim 1, wherein:
the leak-proof body is fastened along the curved fold line, so that the side part forms a parallel layer to another part of the protective garment not being a part of the leak-proof body, the side part and the other part being free to move in relation to one another, apart from along the curved fold line (see annotated Fig. 3).
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Regarding claim 10, Kwak as modified describes the protective garment of claim 1, wherein:
the fold line is arranged to compress a material of the leak-proof body along the fold line (600 is sewn to 400 which thus would cause compression, para. 23).
Regarding claim 11, Kwak as modified describes the protective garment of claim 1, wherein:
the fold line is formed by one or several material layers (from 600) having lateral end edges running along the fold line (600 sewn at this location, para. 23).
Regarding claim 15, Kwak as modified describes the protective garment of claim 1, wherein:
each of the side parts is arranged to spring upwards (as modified, is elastic) as the crotch part is forced into a shape that curves upwards both ventrally and dorsally when the protective garment is worn by the standing female user (see Fig. 5).
Regarding claim 16, Kwak as modified describes the protective garment of claim 1, wherein:
the fold line is elastic along its longitudinal direction (includes material from the side part 600 which is elastic and thus the fold line is also elastic).
Claim 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwak (KR 101218270) in view of Shafer et al. (US 4382443) and Riha-Scott et al. (US 20150290049).
Regarding claim 17, Kwak describes the protective garment of claim 1, but does not explicitly describe wherein:
the fold line is arranged with a friction-enhancing surface comprising a silicone-based printed or coated region configured to increase surface friction relative to adjacent untreated textile surfaces.
In related art for protective garments, Riha-Scott describes wherein:
the fold line is arranged with a friction-enhancing surface comprising a silicone-based printed (silicone ink may be applied along desired zones over seams, para. 0081) or coated region configured to (what follows is a recitation of intended use) increase surface friction relative to adjacent untreated textile surfaces (including silicone in one region would increase friction compared to areas that do not include silicone).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify Kwak to include the silicone printing along the seam between side part 600 and pad 500/ bottom 400 in order to ensure that leaked fluids remain contained in the area (see Riha-Scott, para. 0081 describing that silicone ink is utilized over seams to prevent leaking through the seams).
Claims 1-7, 10, 11, 14-16, 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCombs et al. (US 20200237020) in view of Liou (US 20200390161) and Redwine et al. (US 6393621).
Regarding claim 1, McCombs describes a protective garment (see Fig. 1) in the form of a pantie, a pair of trousers or other legwear with or without an upper/torso part, the protective garment being a washable garment arranged for repeated use by a female user (is formed of fabric, thus washable and arranged for repeated use inasmuch as claimed, fully capable of being used by a female user) comprising:
a front part (front section 15);
a back part (rear section 16);
a waist (waistband 10); and
a crotch part (see annotated Fig. 6) having a body (see annotated Fig. 6);
wherein:
the body comprises a respective side part (fabric portion 20, 201) arranged on either lateral side of the genitals of a standing female user (extends on left and right side of the groin area and thus on left and right side of genitals of a female user) wearing the protective garment, each side part being connected to the rest of the body via a respective curved fold line (first and second seam 18 and 19) that forms a pre-formed bending region of the leak-proof body (forms a bending region), the curved fold line being defined by a center of curvature of that lies laterally outside of the leak-proof body (the center of curvature is outside the bounds of the leak-proof body, see annotated Fig. 3), and
the respective end points of each of the fold lines are interconnected by a flexible element (fabric of the fabric portions 20, 201) arranged with an elastic property such that, when the garment is worn, the flexible element applies a tensile force drawing the end points together (the points are connected via the fabric, if the garment is spread out the movement will case the fabric portion 20 to tighten, which will move the leak proof body and side parts upward as compared to when the garment is not spread out and the side parts and leak proof body will be permitted to sag) thereby biases the respective side parts upward relative to the genitals of the standing female user (see Fig. 1, based on stitching the side part is oriented upwards, when tensioned this will call the side part to move upwards, see annotated Fig. 1 showing tensioned and untensioned state).
McCombs does not explicitly describe that the body is leak proof.
In related art for protective garments, Liou describes forming a garment including a leak-proof layer 23 (para. 0017).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the garment of McCombs to be formed of the material of Liou, which includes a leak-proof layer, in order to control odor, to provide moisture absorption, and to provide an antimicrobial function (abstract, Liou).
McCombs as modified does not explicitly describe that the flexible element is elastic and thus does not describe that the element causes a pulling force of the garment.
In related art fore protective garments, Redwine describes forming the panels out of elasticized material (col. 7, ll. 60-65, col. 9, ll. 5-10).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the panel to be elasticized in order to provide a fit to a variety of bodily shapes and sizes and to provide good conformity to the wearer’s body (Redwine, col. 9, ll. 5-10). In this sense, the flexible element of panel 20, 201 is elasticized, as the rest of the garment. Because the component is elasticized if it is not under tension, when worn (depending on the size of the wearer) the wearer would cause the garment to be stretched thus pulling the panel into tension and causing the panel to have a pulling force. If already under tension, the elasticized element would cause a pulling force by the nature of being under tension.
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Regarding claim 2, McCombs as modified describes the protective garment of claim 1, wherein the pulling force causes the flexible element to be straight when the protective garment is worn by the female user and the flexible element as a result thereof is stretched or at least subjected to a pulling/tensile force (see Fig. 1, edge 23 is straight, if the garment were folded inward there would be no tension, but the orientation of Fig. 1 at least provides some tension to the side part).
Regarding claim 3, McCombs as modified describes the protective garment of claim 1 wherein each of the side parts (20, 201) is only connected to the leak-proof body, or even to the rest of the protective garment, along the respective curved fold line (only attached at seam 18 and 19).
Regarding claim 4, McCombs as modified describes the protective garment of claim 1 wherein:
the pulling force forces the flexible elements upwards in relation to the standing female user wearing the protective garment, forming a cup-shape covering the genitalia of the standing female user (forms a cup-shape, see Fig. 1).
Regarding claim 5, McCombs as modified describes the protective garment of claim 1 the protective garment is an undergarment of boxer type (see Fig. 1), having legs extending somewhat down each leg of a wearing female user.
Regarding claim 6, McCombs as modified describes the protective garment of claim 5, wherein legs of the protective garment are arranged to fit loosely rather than stretch around the legs of the wearing female user (this depends on the size of the user, if someone with smaller legs wears the garment, the garment will be loose around the legs).
Regarding claim 7, McCombs as modified describes protective garment of claim 1, wherein:
the leak-proof body is fastened along the curved fold line (is fastened along seams 18 and 19), so that the side part forms a parallel layer to another part of the protective garment not being a part of the leak-proof body (parallel to either left or right side leg portions), the side part and the other part being free to move one in relation to one another, apart from along the curved fold line (can move with respect to the fold line).
Regarding claim 10, McCombs as modified describes the protective garment of claim 1 wherein:
the fold line (seam 18, 19) is arranged to compress a material of the leak-proof body along the fold line (is a seam, which includes stitches which compresses the material that is stitched, including a material of the leak-proof body).
Regarding claim 11, McCombs as modified describes the protective garment of claim 1 wherein the fold line is formed by one or several material layers having lateral end edges running along the fold line (as modified, includes the layers 13, 23, 212, and 211 of Liou and thus the fold line is formed of these layers).
Regarding claim 14, McCombs as modified describes the protective garment of claim 1 wherein each of the side parts (20, 201) is made of a material (includes layers 13, 23, 212, and 211 from Liou and is folded, para. 0060 McCombs, so it is double the thickness) that is stiffer as compared to a liquid barrier layer (single leak-proof layer 23 from Liou) of the protective garment.
Regarding claim 15, McCombs as modified describes wherein each of the side parts (20, 201) is arranged to spring upwards as the crotch part is forced into a shape that curves upwards both ventrally and dorsally when the protective garment is worn by the standing female user (see Fig. 1, is oriented upwards).
Regarding claim 16, McCombs as modified describes the protective garment of claim 1, but does not explicitly describe wherein the fold line is elastic along its longitudinal direction.
In related art, McCombs describes utilizing fabric that includes elasticity (para. 0038).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the material of the garment to include elastic material in order to achieve tension and fit without the requirement of utilizing elastic strips (see McCombs, para. 0038-0041 describing that tension is achieved via elastic fabric).
Regarding claim 18, McCombs as modified describes the protective garment of claim 1 wherein:
the protective garment comprises a dorsal shaping element (stitching 16), arranged along the intergluteal cleft of a standing female user wearing the protective garment, fastened to or constituting an integrated part of the leak-proof body (fastened to the body) and fastened to or constituting an integrated part of the back part (extends to the ack part),
the back part comprises a panel part (see annotated Fig. 4) separating the dorsal shaping element from the waist (see Fig. 4) so that the dorsal shaping element does not extend all the way up the waist of the protective garment worn by the standing female user, and
the dorsal shaping element (130) is arranged so that, when a dorsal/upward force is applied to the dorsal shaping element via the panel part as a result of the waist (103) being pulled upwards in relation to the user wearing the protective garment (100), the dorsal shaping element in turn forces a part of the crotch part (see annotated Fig. 6 above) extending along the intergluteal cleft of the female user upwards (when pulling up on the garment, it will pull up on the entire garment, including the shaping element element).
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Regarding claim 19, McCombs as modified describes the protective garment of claim 18 wherein:
the protective garment further comprises a pair of elongated ventral shaping elements (see annotated Fig. 3), arranged to extend on either lateral side of the labia of the standing female user wearing the protective garment, ventrally from the dorsal shaping element (forward from the rear of the garment), and arranged so that, when a ventral/upward force is applied to the ventral shaping elements via the front part as a result of the waist being pulled upwards in relation to the female user wearing the protective garment (100), the ventral shaping elements are in turn forced upwards (when the waist is pulled upward, the rest of the garment, including the ventral shaping elements are also pulled upward).
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Regarding claim 20, McCombs as modified describes the protective garment of claim 19 wherein, the dorsal shaping element (130) is directly connected to the ventral shaping elements (140), wherein;
the dorsal shaping element (see annotated Fig. 3 above), together with the ventral shaping elements, form a "Y"-shape (see annotated Fig. 3 above, forms a Y-shape).
Regarding claim 21, McCombs as modified describes the protective garment of claim 1 wherein the crotch part extends along a path along the sagittal plane of a standing female user wearing the protective garment, at least part of the path extending along the intergluteal cleft of the standing female user, and wherein the crotch part comprises, in order from an inner part of the crotch part to an outer part of the crotch part (110):
a flexible first layer (antimicrobial layer 21, Liou);
a flexible second liquid-absorbing material layer (coffee ground fabric layer 212, Liou), extending along the path; and
a flexible third liquid barrier layer (leak proof layer 23, Liou).
Claim 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCombs et al. (US 20200237020) in view of Liou (US 20200390161), Redwine et al. (US 6393621), and Wexler (US 20130042394).
Regarding claim 8, McCombs as modified describes the protective garment of claim 1, but does not explicitly describe wherein:
a minimum lateral distance between the respective fold lines is at the most 5 cm.
In related art for undergarments, Wexler describes wherein the width of the narrowest point of the crotch region of the body is in the range of 1/2 to 2 inches (1.27 to 5.08 inches). This overlaps or lies inside the range of the claimed invention and thus is prima facie obvious (MPEP 2144.05).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the garment to have a width at the crotch of 1.27 cm depending on the style of undergarment intended to be utilized (i.e. “thong”, para. 0066, Wexler).
Regarding claim 9, McCombs as modified describes the protective garment of claim 1, but does not explicitly describe wherein: a minimum lateral distance between the respective fold lines is at least 2 cm.
In related art for undergarments, Wexler describes wherein the width of the narrowest point of the crotch region of the body is in the range of 1/2 to 2 inches (1.27 to 5.08 inches). This overlaps or lies inside the range of the claimed invention and thus is prima facie obvious (MPEP 2144.05).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the garment to have a width at the crotch of 5.08 cm depending on the style of undergarment intended to be utilized (i.e. “thong”, para. 0066, Wexler).
Claim 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCombs et al. (US 20200237020) in view of Liou (US 20200390161), Redwine et al. (US 6393621) and Chong et al. (US 20240207107).
Regarding claim 13, McCombs as modified describes the protective garment of claim 1 but does not explicitly describe wherein the fold line comprises a flocked area.
In related art, Chong describes a protective garment (moisture management, abstract) wherein the fold line comprises a flocked area (material is formed of brushed or otherwise texture fabrics, paras. 0020, 0050).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the garment to be formed to include flocking along the material and thus also in the fold line in order to prevent slippage and leaking of the garment (Chong, para. 0050).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clint Ostrup can be reached on 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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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
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