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 .
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.
Claim1-10, 15-18 and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, lines 5, 6 and 8, it is not clear as to what an “engineered shaped cushioning layer” encompasses..
In claim 1, line 7, it is not clear as to what the metes and bounds of the “a portion of the band system” encompasses. The actual structure of the “band system” is not clear. It is not clear if the band system incudes shoulder straps or just a torso encircling portion of the bra torso band.
In claim 1, line 8, it is not clear as to how the “cushioning layer is shaped to fit within and partially fill a concave portion defined by the wearer’s soft tissue”. Itis not clear as to how the “Cushioning layer is between the outer fabric layer and inner layer of the band system when it is also claimed in claim 1, line 8 as being defined by the wearer’s soft tissue. It is not clear as to what “Soft tissue” is being referred to. There is no antecedent basis for ‘The wearer’s soft tissue”. It is not clear as to what “Soft tissue” on the wearer’s torso defines a concave portion that the cushioning layer is shaped to with within and partially fill. And in claim 1, lines 10-11 it is not clear as to where the “outer fabric layer and inner fabric layer are at least partially connected to form the band system as claimed.
In regard to claim 2, it is also not clear as to how the engineered shaped cushioning layer is formed to mimic a band that has rolled up on the wearer’s body”.
It is not clear if the engineered band is multiple layers and as to whether the layers are rolled up.
In claim 3 it is not clear as to how the one or more additional layers are included in the engineered shaped cushioning layers.
In regard to claim 4 it is not clear as to how the engineered shaped cushioning layer is proximal an edge of the garment and as to how one or more additional engineered shaped cushioning layers are disposed distal the edge.
In claim 5,line 2, there is no antecedent basis for “The wearer’s soft tissue” In claim 5, line 2, it appears that “intentions” should read - - indentations - - . IT is not clear as to how the cushioning layer is shaped to fit within and partially fill a concave portion defined by the wearer’s soft tissue.
In claim 6, lines 2-3, there is no antecedent basis for “The circumference of the band system”.
In claim 8, line 2, there is no antecedent basis for ‘the body” and as to what the “ appropriate location on the wearer’s body” encompasses.
In claim 20, lines 3,4 and 6, it is not clear as to what the term “Engineered” encompasses. IN claim 20, line 4, it is not clear as to what the “portion of the band system” encompasses.
In claim 20, line 7, there is no antecedent basis for “The wearer’s soft tissue” and as to how the engineered shaped cushioning layer has a cross-section to fit within and partially fill a concave portion of “the wearer’s soft tissue”.
However, the claims, as best understood, have been examined on their merits.
Claims 1 and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-10 and 15-18 are allowable since they depend from claim 1. Claims 11-14 and 19 have been withdrawn and need to be canceled in the next response.
None of the cited references, alone or in combination, disclose a torso encircling band on a body garment wherein the band system is configured to encircle a portion of a wearer’s body, comprising an outer fabric layer and an inner fabric layer and a molded and shaped cushioning layer situated between the outer and inner fabric layers throughout the portion of the band system wherein the molded and shaped cushioning layer is configured to fit within and partially fill a concave portion of a wearer’s torso by the wearer’s soft tissue there above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA M HALE whose telephone number is (571)272-4984. The examiner can normally be reached MON.-THURS..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 1-571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA M HALE/Primary Examiner, Art Unit 3732
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