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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 2, 2026 has been entered.
Status of the Claims
As directed by the amendment received on February 2, 2026, claims 1, 7-9, and 22 have been amended. Claims 2-5 and 16-21 were previously canceled. Claims 24-30 are new. Accordingly, claims 1, 6-15, and 22-30 are currently pending in this application with claims 13-15 having been previously withdrawn from further consideration.
Response to Amendment
The amendments filed with the written response received on February 2, 2026, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated October 31, 2026, are hereby withdrawn unless specifically noted below.
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 (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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6-12, and 22-30 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 4,488,317 to Polsky (hereinafter, “Polsky”) in view of USPN 6,243,879 to Lyden (hereinafter, “Lyden”).
Regarding claim 1, Polsky teaches a lower-body garment (See Polsky, Figs. 1-4; garment (10); abstract) comprising: a pelvic portion comprising a waist opening (See annotated Fig. 1 of Polsky below; pelvic portion comprising waist opening; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), a front side, and a back side (See Polsky, Figs. 1-2; front (12) and back (14) sides); a first leg portion and a second leg portion extending from the pelvic portion (See Polsky, Figs. 1-5; first and second leg portions extending from pelvic portion; Col. 3, lines 31-33); a crotch between the first leg portion and the second leg portion (See Polsky, Figs. 1-4; crotch formed at and between crotch points (16, 18) and leg portions); and a crotch gusset (See Polsky, Figs. 1-4; crotch piece (32)) comprising: an elongated trunk that extends from the front side to the back side of the pelvic portion (See Polsky, Figs. 1-3 and annotated Fig. 4 of Polsky below; crotch piece (32) includes elongated trunk that extends from front side at front point (34) to back side at back point (36)); a first wing that extends from the elongated trunk and along an inner thigh portion of the first leg portion; and a second wing that extends from the elongated trunk and along an inner thigh portion of the second leg portion (See Polsky, Figs. 1-3 and annotated Fig. 4 of Polsky below; crotch piece (32) includes first and second wings which extend from elongated trunk and along an inner thigh portion of respective leg portions), wherein the elongated trunk comprises an elongated front portion and an elongated back portion (See Polsky, Figs. 1-3 and annotated Fig. 4 of Polsky below; elongated trunk of crotch piece (32) includes elongated front portion terminating at front point (34) on front side of pelvic portion, and elongated back portion terminating at back point (36) on back side of pelvic portion), wherein the crotch gusset comprises a peripheral edge that continuously extends, sequentially, around the elongated front portion, the first wing, the elongated back portion, and the second wing (See annotated Fig. 4 of Polsky below; crotch piece (32) includes peripheral edge extending continuously and sequentially around the elongated front portion and front point (34), around the first wing and point (38), around elongated back portion and back point (36), and around second wing and point (40) returning to connect with the edge of the elongated front portion), wherein the peripheral edge comprises: a first transition from the elongated front portion to the first wing; a second transition from the elongated front portion to the second wing; a third transition from the elongated back portion to the first wing; and a fourth transition from the elongated back portion to the second wing (See annotated Fig. 4 of Polsky below; first, second, third, and fourth transitions as claimed), wherein the first transition, the second transition, the third transition, and the fourth transition are each curvilinear (See annotated Fig. 4 of Polsky below; first, second, third, and fourth transitions are each curvilinear).
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Annotated Fig. 1 of Polsky
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Annotated Fig. 4 of Polsky
That said, although the front point of gusset of Polsky terminates at a front point, Polsky is silent to wherein the elongated front portion terminates at the waist opening on the front side of the pelvic portion.
However, Lyden, in a related lower body garment art, is directed to athletic pants having a crotch gusset structure (See Lyden, Figs. 11-12; abstract). More specifically, Lyden teaches a crotch gusset wherein the elongated front portion terminates at the waist opening on the front side of the pelvic portion (See Lyden, Figs. 11-12; crotch material (80) includes an elongated front portion that terminates at a waist opening formed by retention means (77) on the front side of a pelvic portion).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to extend the elongated front portion of the crotch gusset of Polsky up to terminate at the waist opening as disclosed by Lyden for a variety of reasons including for example, but not limited to, extending the seamless crotch construction of Polsky up over a wearer’s front pelvic portion for increased comfort and/or aesthetic appeal (See Polsky, Col. 2, lines 3-7). Examiner notes that the fly (15) of on the front section (12) of Polsky is not necessarily required (Polsky states that the fly (15) may be provided or is often provided, but not necessarily; See Polsky, Col. 3, lines 30 and 67-68).
Regarding claim 6, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 1 above) further teaches wherein the first transition, the second transition, the third transition, and the fourth transition comprise a concave curvature (See annotated Fig. 4 of Polsky above; first, second, third, and fourth transitions each have concave curvature along the exterior of the peripheral edge of modified crotch gusset as discussed above).
Regarding claim 7, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 1 above) further teaches wherein the first transition and the second transition are symmetrical based on one or more of a radius of curvature of the first transition and the second transition and an offset distance of the first transition and the second transition from a midline of the crotch gusset (See annotated Fig. 4 of Polsky above; first and second transitions of crotch piece (32), even as modified as discussed above, would be symmetrical in both radius of curvature and offset distance from midline, i.e., the crotch axis, of crotch piece (32); Col. 3, lines 36-40).
Regarding claim 8, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 1 above) further teaches wherein the third transition and the fourth transition are symmetrical based on a radius of curvature of the third transition and the fourth transition and an offset distance of the third transition and the fourth transition from a midline of the crotch gusset (See annotated Fig. 4 of Polsky above; third and fourth transitions of crotch piece (32), even as modified as discussed above, would be symmetrical in both radius of curvature and offset distance from midline, i.e., the crotch axis, of crotch piece (32); Col. 3, lines 36-40).
Regarding claim 9, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 1 above) further teaches wherein the first transition and the third transition are asymmetrical based on one or more of a radius of curvature of the first transition and the third transition and an offset distance of the first transition and the third transition from a midline of the crotch gusset (See annotated Fig. 4 of Polsky above; first and third transitions of crotch piece (32), even as modified as discussed above, would be asymmetrical in at least one of radius of curvature and offset distance from midline, i.e., the crotch axis, of crotch piece (32); Col. 3, lines 36-40; Col. 4, lines 20-25).
Regarding claim 10, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 1 above) further teaches wherein a distal portion of each wing aligns with an inseam of a respective leg sleeve (See Polsky, Fig. 3; distal point (38) of first wing and distal point (40) of second wing each align with respective inside edges (20, 22), i.e., inseams of respective leg portions; Examiner notes that the verb term "align" is very broad and has a definition of "[t]o arrange in a line or so as to be parallel" (Verb Defn. No. 1. of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
Regarding claim 11, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claims 1 and 10 above) further teaches wherein the inseam is located anterior to a coronal reference plane of the lower-body garment (See Polsky, Fig. 3 and annotated Fig. 4 of Polsky above; distal points (38, 40) of wings of crotch piece (32), even as modified as discussed above, meet and align with at least a portion of respective inseams and are located anterior to a coronal reference plane; therefore, at least a portion of the inseams are also located anterior to the coronal reference plane of the garment; Col. 4, lines 20-25).
Regarding claim 12, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 1 above) further teaches wherein the crotch gusset comprises a one-piece seamless panel (See Polsky, Figs. 1-4; crotch piece (32), even as modified as discussed above, is a seamless construction; Col. 3, lines 14-20).
Regarding claim 22, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 1 above) further teaches a waistband coupled along top portions of both the front side and the back side, wherein a perimeter of a top edge of the waistband defines the waist opening (See annotated Fig. 1 of Polsky above; garment (10) includes waistband along top portions of front and back sides; perimeter of waistband defines waist opening).
Regarding claim 23, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claims 1 and 22 above) further teaches wherein the elongated front portion is coupled to the waistband (See Polsky, Figs. 1-4 and annotated Fig. 1 of Polsky above; elongated front portion terminating at front point (34) on front side of pelvic portion is coupled to the waistband at least indirectly via front section (12)).
Regarding clam 24, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 1 above) further teaches a waistband coupled along top portions of both the front side and the back side, wherein a perimeter of a top edge of the waistband defines the waist opening (See Polsky, Figs. 1-2 and annotated Fig. 1 of Polsky above; waistband coupled along top portions of both front and back sides and having a top edge perimeter defining the waist opening).
Regarding claim 25, Polsky teaches a lower-body garment (See Polsky, Figs. 1-4; garment (10); abstract) comprising: a pelvic portion comprising a waist opening (See annotated Fig. 1 of Polsky above; pelvic portion comprising waist opening; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), a front side, and a back side (See Polsky, Figs. 1-2; front (12) and back (14) sides); a first leg portion and a second leg portion extending from the pelvic portion (See Polsky, Figs. 1-5; first and second leg portions extending from pelvic portion; Col. 3, lines 31-33); a crotch between the first leg portion and the second leg portion (See Polsky, Figs. 1-4; crotch formed at and between crotch points (16, 18) and leg portions); and a crotch gusset (See Polsky, Figs. 1-4; crotch piece (32)) comprising: an elongated trunk that extends from the front side to the back side of the pelvic portion (See Polsky, Figs. 1-3 and annotated Fig. 4 of Polsky above; crotch piece (32) includes elongated trunk that extends from front side at front point (34) to back side at back point (36)); a first wing that extends from the elongated trunk and along an inner thigh portion of the first leg portion; and a second wing that extends from the elongated trunk and along an inner thigh portion of the second leg portion (See Polsky, Figs. 1-3 and annotated Fig. 4 of Polsky above; crotch piece (32) includes first and second wings which extend from elongated trunk and along an inner thigh portion of respective leg portions), wherein the elongated trunk comprises an elongated front portion and an elongated back portion (See Polsky, Figs. 1-3 and annotated Fig. 4 of Polsky below; elongated trunk of crotch piece (32) includes elongated front portion terminating at front point (34) on front side of pelvic portion, and elongated back portion terminating at back point (36) on back side of pelvic portion).
That said, although the front point of gusset of Polsky terminates at a front point, Polsky is silent to wherein a terminal edge of the elongated front portion is aligned with a lower edge of a waistband.
However, Lyden, in a related lower body garment art, is directed to athletic pants having a crotch gusset structure (See Lyden, Figs. 11-12; abstract). More specifically, Lyden teaches a crotch gusset wherein a terminal edge of the elongated front portion is aligned with a lower edge of a waistband (See Lyden, Figs. 11-12; crotch material (80) includes an elongated front portion that terminates at a waist opening formed by retention means (77), i.e., a waist band, on the front side of a pelvic portion; Examiner notes that the verb term "align" is very broad and has a definition of "[t]o arrange in a line or so as to be parallel" (Verb Defn. No. 1. of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to extend the elongated front portion of the crotch gusset of Polsky up to terminate at the waistband as disclosed by Lyden for a variety of reasons including for example, but not limited to, extending the seamless crotch construction of Polsky up over a wearer’s front pelvic portion for increased comfort and/or aesthetic appeal (See Polsky, Col. 2, lines 3-7). Examiner notes that the fly (15) of on the front section (12) of Polsky is not necessarily required (Polsky states that the fly (15) may be provided or is often provided, but not necessarily; See Polsky, Col. 3, lines 30 and 67-68).
Regarding claim 26, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 25 above) further teaches wherein the crotch gusset comprises a peripheral edge that continuously extends, sequentially, around the elongated front portion, the first wing, the elongated back portion, and the second wing (See annotated Fig. 4 of Polsky above; crotch piece (32), even as modified as discussed above, would include a peripheral edge extending continuously and sequentially around the elongated front portion and front point (34), around the first wing and point (38), around elongated back portion and back point (36), and around second wing and point (40) returning to connect with the edge of the elongated front portion).
Regarding claim 27, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 25 above) further teaches wherein the peripheral edge comprises: a first transition from the elongated front portion to the first wing; a second transition from the elongated front portion to the second wing; a third transition from the elongated back portion to the first wing; and a fourth transition from the elongated back portion to the second wing (See annotated Fig. 4 of Polsky above; crotch piece (32), even as modified as discussed above, would include first, second, third, and fourth transitions as claimed).
Regarding claim 28, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claims 25 and 27 above) further teaches wherein the first transition, the second transition, the third transition, and the fourth transition are curvilinear (See annotated Fig. 4 of Polsky above; crotch piece (32), even as modified as discussed above, would include first, second, third, and fourth transitions that are each curvilinear).
Regarding claim 29, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 25 above) further teaches wherein a terminal edge of the elongated front portion terminates at the lower edge of the waistband (See Lyden, Figs. 11-12; terminal edge of front portion of crotch piece (32) of Polsky, as modified as discussed above, would terminate at the lower edge of retention means (77)).
Regarding claim 30, the modified lower-body garment of Polsky (i.e., Polsky in view of Lyden, as discussed with respect to claim 25 above) further teaches wherein a terminal edge of the elongated back portion is aligned with a lower edge of the pelvic portion (See Polsky Figs. 1-2; rear point (36) of elongated back portion of crotch piece (32), even as modified as discussed above, would be aligned with lower edge of pelvic portion inasmuch as Applicant’s terminal edge is considered aligned).
Response to Arguments
In view of Applicant’s amendment, the search has been updated, and new prior art has been identified and applied. Applicant’s arguments, filed February 2, 2026, with respect to the rejection of the claims under 35 USC 102 have been fully considered but are moot in view of the new grounds of rejection, as Applicant’s arguments appear to be drawn only to the newly amended limitations and previously presented rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MARCHEWKA whose telephone number is (571) 272-4038. The examiner can normally be reached M-F: 9:00AM-5:00PM EST.
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/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732