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 .
Response to Amendment
The amendments filed with the written response received on December 04, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1, 2, 5, 8, 10, 11, 13-15, and 17 are amended. Accordingly, claims 1-18 are pending in this application, with an action on the merits to follow.
Because of the applicant’s amendment, the following in the office action mailed June 05, 2025, are hereby maintained:
Examiner objection to the drawing is being maintained and Examiners 35 USC 112b rejection is maintained.
Response to Arguments
Applicant's arguments filed December 04, 2025 have been fully considered but
they are not persuasive.
Applicants argument in remarks filed December 04, 2025 recite “Claim 6 recites a "binding material is sewn to the swimsuit body separately from the elastic member using a cross-stitch sewing pattern." Such structure of the swimsuit as recited in claim 6 is readily observable in the finished product. Claim 6 is not directed to both an apparatus and the method steps of using the apparatus. The rejection of claim 6 is therefore improper.”
Examiner respectfully disagrees as the process part of the claims recites binding material being sewn and the method of using a cross stich sewing pattern, therefore the examiner maintains the rejection.
Applicant argues in claim 1 “However, the "outer covering" and "outer bra liner" in Feigenbaum are not" made from the same fabric," as recited in amended claim 1. Rather, Feigenbaum teaches the use of different materials for these two components (see Feigenbaum at Col. 2, lines 32-35 and Col. 4 lines 25-27). Additionally, Feigenbaum actually teaches away from using the same materials for its "outer covering" and "outer bra liner." Feigenbaum states that the "bra liner 24 is preferred to have a greater degree of stretchability, and less restrictiveness, than the fabric of the outer covering to provide maximum comfort to the wearer." Feigenbaum at Col. 4, lines 19-21.
Examiner respectfully disagrees as Feigenbaum clear states (Col. 4 and Lines 13-16; Feigenbaum teaching “While the fabric used in both the full· and partial bra liners may be of the same types as those disclosed for use in the outer covering…”)
The remainder of Applicant’s arguments, are drawn to the amended claim language that recites the plurality of panels including: an outer swimsuit panel made from a recycled plastic fiber; and an inner swimsuit panel made from the same fabric as the outer swimsuit panel and coupled to the outer swimsuit panel, the inner swimsuit panel extending across the outer swimsuit panel to define a double layer of swimsuit material, at least a portion of an inner surface of the inner swimsuit panel engaged with at least a portion of an inner surface of the outer swimsuit panel. These arguments are not commensurate with the rejected claims and a new rejection is set forth below to address the newly added claim limitations.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 5,033,986 to Feigenbaum et al. (herein after " Feigenbaum ") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic").
As to Claim 1, Feigenbaum discloses a swimsuit (Figures 1 & 2 and Col. 1, Lines 8-12; Feigenbaum ~ regarding women’s bodysuit for swimming), comprising: a swimsuit body (Body suit 10; Feigenbaum) including a plurality of panels (Figures 1 & 2; Col. 3 and Lines 4-9; Feigenbaum ~ regarding a plurality of panels #16 & #24, teaching “Turning again to FIG. 1, the partially cut away view of the front of outer covering 16 reveals the integral bra 5 support beneath bust region 13. The integral bra is normally completely covered by outer covering 16 and includes a first full, outer bra liner 24 which covers the breasts of the wearer.”), the plurality of panels (Figures 1 & 2; Col. 3 and Lines 4-9; Feigenbaum ~ regarding a plurality of panels #16 & #24) including: an outer swimsuit panel (outer covering 16; Feigenbaum); and an inner swimsuit panel (outer bra liner 24; Feigenbaum) made from the same fabric as the outer swimsuit panel (Col. 4 and Lines 13-16; Feigenbaum teaching “While the fabric used in both the full· and partial bra liners may be of the same types as those disclosed for use in the outer covering,…”) and coupled to the outer swimsuit panel (outer covering 16; Feigenbaum),the inner swimsuit panel (outer bra liner 24; Feigenbaum) extending across the outer swimsuit panel (outer covering 16; Feigenbaum) to define a double layer of swimsuit material (Figures 1 & 2; Feigenbaum), at least a portion of an inner surface of the inner swimsuit panel (outer bra liner 24; Feigenbaum) engaged with at least a portion of an inner surface of the outer swimsuit panel (outer covering 16; Feigenbaum) (Col. 3 and Lines 25-34; Feigenbaum).
Feigenbaum fails to disclose being made from a recycled plastic fiber.
Mardesic teaches articles of clothing including swimsuit tips (paragraph 0023; Mardesic) and discloses being made from a recycled plastic fiber (Paragraph; 0039; Mardesic, teaching, “As an example, up to 95% of the fabric used for the constructing the cover is recycled polyester, preferably up to about 90%, with the balance of the fabric used for the cover being synthetic fibres. In another embodiment, the cover may be constructed from nylon and synthetic fibres (such as lycra). As an example, up to 95% of the fabric used for the constructing the cover is nylon, preferably up to about 90%, with the balance of the fabric used for the cover being synthetic fibres.”).
Therefore, based on Mardesic’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Feigenbaum’s plurality of panels material to include being made from a recycled plastic fiber, as this would provide an aesthetic or decorative quality for the wearer. In addition this would be the simple substitution of one material for another material with the reasonable expectation that one material would perform equally as well as another.
Claim 2 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 5,033,986 to Feigenbaum et al. (herein after " Feigenbaum ") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic") as to claim 1, and further in view of United States Patent No. 3,094,724 to L.E. LERNER (herein after "Lerner").
As to Claim 2, Feigenbaum/Mardesic disclose the swimsuit of claim 1, wherein the inner swimsuit panel (outer bra liner 24; Feigenbaum) is coupled to opposing edges of the outer swimsuit panel (outer covering 16; Feigenbaum), the inner swimsuit panel (outer bra liner 24; Feigenbaum), outer swimsuit panel (outer covering 16; Feigenbaum), but fail to disclose having the same thickness as the panel.
Lerner teaches buoyant garments and discloses the inner swimsuit panel (38; Lerner) having the same thickness as the panel (36; Lerner)(Col. 1 and Lines 65-70; Lerner).
Therefore, based on Lerner’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Feigenbaum/Mardesic’s inner swimsuit panel and outer swimsuit panel to include having the same thickness, as doing so would provide aesthetics and provide an improved shape and contour for the wearer.
Claim 3 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 5,033,986 to Feigenbaum et al. (herein after " Feigenbaum ") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic") as to claim 1 above, and further in view of United States Patent Application Publication No. US 2023/0109425 A1 to HEATHER DeGROGORIO (herein after "DeGregorio").
As to Claim 3, Feigenbaum/Mardesic disclose the swimsuit of claim 1, further comprising a plurality of side stays (Examiner notes that Oxford Languages Online dictionary defines stay as a device used as a brace or support. Feigenbaum teaches that although this invention has been described towards a specific embodiment that it is provided to cover all changes and modification (Col. 4, and Lines 33-41; Feigenbaum), but fails to disclose each side stay extending along a side seam of the swimsuit body).
DeGregorio teaches cleavage enhancing garments including functional; swimming suit tops for women (Paragraph 0031; DeGregorio) and discloses each side stay (stay/rib 504, 508; DeGregorio) extending along a side seam of the swimsuit body (Figures 3-5 and Paragraph 0035 ~ regarding a sewn seam along a side of the swimsuit body (garment 100; DeGregorio).
Therefore, based on DeGregorio’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Feigenbaum/Mardesic’s swimsuit to include each side stay extending along a side seam of the swimsuit body, as doing so would provide a way to hold the natural breast tissue in a lifted, elevated, and defined cleavage position for the wearer.
Claim 4 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 5,033,986 to Feigenbaum et al. (herein after "Feigenbaum") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic") as to claim 1 above, and further in view of United States Patent No. US 3,436,762 to L.C. CAHAN (herein after "Cahan").
As to Claim 4, Feigenbaum/Mardesic disclose the swimsuit of claim 1, wherein the plurality of panels (Figures 1 & 2; Col. 3 and Lines 4-9; Feigenbaum ~ regarding a plurality of panels #16 & #24). Although Feigenbaum teaches that although this invention has been described towards a specific embodiment that it is provided to cover all changes and modification (Col. 4, and Lines 33-41; Feigenbaum), but fails to disclose including at least three outer swimsuit panels that are sewn together along offset sew lines that are spaced laterally outwardly from a center of a breast support region of the swimsuit body.
Cahan teaches swimsuits and discloses including at least three outer swimsuit panels that are sewn together along offset sew lines that are spaced laterally outwardly from a center of a breast support region of the swimsuit body (Figure 1; Cahan, teaching including at least three outer swimsuit panels that are sewn together along offset sew lines that are spaced laterally outwardly from a center of a breast support region of the swimsuit body.)
Therefore, based on Cahan’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Feigenbaum/Mardesic’s swimsuit including at least three outer swimsuit panels that are sewn together along offset sew lines that are spaced laterally outwardly from a center of a breast support region of the swimsuit body, as doing so would provide the swimmer with unrestricted motion, with there being a lack of binding on the body for the wearer and thereby delivering an increased level of comfort.
Claims 5 and 7 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 3,436,762 to L.C. CAHAN (herein after "Cahan") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic") in view of United States Patent Application Publication No. US 2023/0129586 A1 to GRECO et al. (herein after "Greco").
As to Claim 5, Cahan discloses a swimsuit (swimsuit 10; Cahan), comprising: a swimsuit body (swimsuit 10; Cahan) including a plurality of panels (Figures 1-3; Cahan ~ regarding panel 46, side panels 28, and rear panel 26) that are sewn together along a plurality of seams (Figures 1 & 4, and Col. 2 and Lines 54-60; Cahan) (seams 36, 39; Cahan)(Col. 2 and Lines 16-26; Cahan), the plurality of panels (Figures 1-3; Cahan ~ regarding, specifically side panels 28) made from a first fabric material (Col. 2 and Lines 27-34; Cahan, teaching specifically side panels 28 are made from a first fabric material being Nylon tricot), the plurality of panels (Figures 1-3; Cahan ~ regarding panel 46, side panels 28, and rear panel 26) including an inner swimsuit panel (inner ply 38; Cahan) and an outer swimsuit panel (outer ply 40; Cahan), at least a portion of an inner surface of the inner swimsuit panel (inner ply 38; Cahan) engaged with at least a portion of an inner surface of the outer swimsuit panel (outer ply 40; Cahan)(Figure 3; Cahan ~ regarding at least a portion of an inner surface of the inner swimsuit panel engaged with at least a portion of an inner surface of the outer swimsuit panel ), the plurality of panels (Figures 1-3; Cahan ~ regarding panel 46, side panels 28, and rear panel 26) together defining a body opening (Figures 1-3 and 7) .
Cahan fails to disclose and including a recycled plastic fiber, a binding assembly, including: .a binding material sewn to the swimsuit body along an entire perimeter of the body opening, the binding material made from the first fabric material; and an elastic member secured with the binding material along a length of the binding material.
Mardesic teaches articles of clothing including swimsuit tips (paragraph 0023; Mardesic) and discloses including a recycled plastic fiber (Paragraph; 0039; Mardesic, teaching, “As an example, up to 95% of the fabric used for the constructing the cover is recycled polyester, preferably up to about 90%, with the balance of the fabric used for the cover being synthetic fibres. In another embodiment, the cover may be constructed from nylon and synthetic fibres (such as lycra). As an example, up to 95% of the fabric used for the constructing the cover is nylon, preferably up to about 90%, with the balance of the fabric used for the cover being synthetic fibres.”).
Therefore, based on Mardesic’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Cahan’s first fabric material including a recycled plastic fiber, as this would provide an aesthetic or decorative quality for the wearer. In addition this would be the simple substitution of one material for another material with the reasonable expectation that one material would perform equally as well as another.
Greco teaches garments with moisture capture assemblies including swimwear and discloses a binding assembly (Figure 11 and Paragraph 0042; Greco), including: a binding material (edge binding strip 134; Cahn) sewn to the swimsuit body (garment 100, 2000; Cahan), the binding material (edge binding strip 134; Cahn) made from the first fabric material (Paragraph0042; Cahan teaching that the binding material can be made of the same material as a portion of the garment base material.); and an elastic member (elastic strips 136; Cahan) secured with the binding material along a length of the binding material(Paragraph 0042;Cahan teaching “…garment 100 includes a pair of elastic strips 136 such that each edge binding strip 134 at least substantially encloses, retains, and/or supports a respective elastic strip 136. In particular, each elastic strip 136 may include and/or be a material, such as an elastic rubber, that is configured to bias each edge binding strip 134...”).
Therefore, based on Greco’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Cahan/ Mardesic’s swimsuit to include a binding assembly, including: a binding material sewn to the swimsuit body, the binding material made from the first fabric material; and an elastic member secured with the binding material along a length of the binding material, as doing so would provide additional support to the wearer by providing enhanced retaining support to the edges of the garment.
As to Claim 7, Cahan/ Mardesic/Greco disclose the swimsuit of claim 5, wherein the plurality of panels (Figures 1-3; Cahan ~ regarding, specifically side panels 28 and side panel 46; Cahan) includes at least three outer swimsuit panels (Figures 1-3; Cahan ~ regarding panel 46, side panels 28, and rear panel 26) made from the first fabric material (Figure 4, and Col. 2 and Lines 54-60; Cahan ~ regarding panel 46 being a standard nylon tricot, and Col. 2. Lines 30-34; Cahan), the at least three swimsuit panels (Figures 1-3; Cahan ~ regarding panel 46, side panels 28, and rear panel 26) sewn together (seams 36, 39; Cahan) along offset sew lines that are spaced laterally outwardly from a center of a breast support region (Figure 6,suggesting a breast support region) of the swimsuit body (modified swimsuit 10; Cahan with modified garment 100, 2000; Greco having a binding material)(Figures 1-9; Cahan).
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Claim 6 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 3,436,762 to L.C. CAHAN (herein after "Cahan") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic") in view of United States Patent Application Publication No. US 2023/0129586 A1 to GRECO et al. (herein after "Greco") as to claim 5 above, and further in view of Australian Patent No. AU 6,244,890 A to JAMES EARL JENKS, JR. (herein after "Jenks").
As to Claim 6, Cahan/ Mardesic/Greco disclose the swimsuit of claim 5, wherein the binding material (edge binding strip 134; Cahn) is sewn to the swimsuit body (modified swimsuit 10; Cahan with modified garment 100, 2000; Greco having a binding material)(Paragraph 0042; Greco) separately from the elastic member (elastic strips 136; Cahan) using a cross-stitch sewing pattern Examiner notes that this limitation 0being treated as a product-by-process limitation. The determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ964, 966 (Fed. Cir. 1985). A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art (see MPEP § 2113).
Cahan/Mardesic/Greco fail to disclose using a cross-stitch.
Jenks teaches swimsuits and discloses using a cross-stitch sewing pattern (Cross stitches #96, #118; Pages 8 – 9; Jenks) as doing so would provide improved overall appearance of the suit including the joined overlapping edges for the wearer.
Therefore, based on Jenks’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have further modified Cahan/ Mardesic/Greco’s swimsuit to include using a cross-stitch sewing pattern, as doing so would provide improved overall appearance of the suit including the joined overlapping edges for the wearer.
Claim 8 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 3,436,762 to L.C. CAHAN (herein after "Cahan") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic") in view of United States Patent Application Publication No. US 2023/0129586 A1 to GRECO et al. (herein after "Greco") as to claim 5, and further in view of United States Patent No. 3,094,724 to L.E. LERNER (herein after "Lerner").
As to Claim 8, Cahan/Greco disclose the swimsuit of claim 5, wherein the inner swimsuit panel (inner ply 38; Cahan) is coupled to opposing edges (seam 39; Cahan) of the outer swimsuit panel (outer ply 40; Cahan), the inner swimsuit panel (inner ply 38; Cahan) as the outer swimsuit panel (outer ply 40; Cahan), (Col. 2 and Line 27-38; Cahan teaching the inner swimsuit panel made from a same fabric material as the outer swimsuit panel (Nylon Tricot). Figures 1 & 3 ~ regarding the inner swimsuit panel is coupled to opposing edges of the outer swimsuit panel) but fail to disclose having the same thickness as the outer panel.
Lerner teaches buoyant garments and discloses the inner swimsuit panel (38; Lerner) having the same thickness as the outer panel (36; Lerner)(Col. 1 and Lines 65-70; Lerner).
Therefore, based on Lerner’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Feigenbaum/Mardesic’s inner swimsuit panel and outer swimsuit panel to include having the same thickness as the outer swimsuit panel, as doing so would provide aesthetics and provide an improved shape and contour for the wearer.
Claims 9-10 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 3,436,762 to L.C. CAHAN (herein after "Cahan") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic") in view of United States Patent Application Publication No. US 2023/0129586 A1 to GRECO et al. (herein after "Greco") as to claim 8 above, and further in view of United States Patent Application Publication No. US 2006/0080753 A1 to JUDY LEE (herein after "Lee").
As to Claim 9, Cahan/Mardesic/Greco disclose the swimsuit of claim 8, but fail to disclose further comprising a plurality of elongated bands sewn in between the inner swimsuit panel and the outer swimsuit panel at opposing ends of each of the plurality of elongated bands to form a plurality of loops for supporting a swimsuit tie therein.
Lee teaches swimsuits including bikini swimsuits and one-piece swimsuits and discloses further comprising a plurality of elongated bands (neck strap 221, chest strap 222; Lee) sewn in between the inner swimsuit panel and the outer swimsuit panel (outer stretchable layer 31; Lee) at opposing ends of each of the plurality of elongated bands (neck strap 221, chest strap 222; Lee) to form a plurality of loops for supporting a swimsuit tie therein (Figure 4; Lee and Paragraph 0031 & 0027 ~ regarding sewing; teaching a neck loop encircling the wearer’s neck and a waist loop encircling the wearer’s waist.)
Therefore, based on Lee’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Cahan/Mardesic/Greco’s swimsuit body to include further comprising a plurality of elongated bands sewn in between the inner swimsuit panel and the outer swimsuit panel at opposing ends of each of the plurality of elongated bands to form a plurality of loops for supporting a swimsuit tie therein, as doing so would support and shaping to the body of the user for enhancing the aesthetically pleasing appearance.
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As to Claim 10, Cahan/Mardesic/Greco/Lee disclose the swimsuit of claim 9, wherein the first fabric material (Modified side panels 28 as taught by Cahan with recycled plastic fiber as taught by Mardesic (Paragraph; 0039;) is derived from the recycled plastic fiber (Paragraph 0039; Mardesic ~ regarding a recycled plastic fiber).
Claims 11 and 15-17 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2023/0129586 A1 to GRECO et al. (herein after "Greco") in view of United States Patent No. US 3,436,762 to L.C. CAHAN (herein after "Cahan") and further in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic").
As to Claim 11 , Greco discloses a method of manufacturing (300; Greco) (paragraphs 0004, 0019; Greco)a swimsuit (article of swimwear 100; Greco and Paragraph 0025), the method (300; Greco) comprising: securing an elastic member (Paragraph 0041-0042; Greco, teaching an elastic material or elastic strip 136; Greco) with a binding material (See paragraph 0041-004; Greco teaching “In some examples, each edge binding strip 134 is formed of an elastic material and/or of the same material as at least a portion of garment base 160.”) made from a first fabric material (garment base 160; Greco) along a length of the binding material to form a binding assembly (binding strip 134 and elastic strip 136; Greco, see paragraph 0041-004; Greco teaching “In some examples, each edge binding strip 134 is formed of an elastic material and/or of the same material as at least a portion of garment base 160.” ~ regarding binding material. Paragraph 0061; Greco ~ regarding binding assembly with the binding material); forming a swimsuit body (Figure 1 and paragraph 0004; Greco teaching swimwear 100); and sewing the binding assembly (binding strip 134; Greco) (Paragraph 0061; Greco ~ regarding binding assembly with the binding material) to a swimsuit body (article of swimwear 100; Greco and Paragraph 0025) made from the first fabric material (garment base 160; Greco) along a perimeter (142; Greco) of a body opening (opening 132; Greco) defined by the swimsuit body (Figures 8-11; Greco and Binding strip 134 and elastic strip 136; Greco, see paragraph 0041-004; Greco teaching “In some examples, each edge binding strip 134 is formed of an elastic material and/or of the same material as at least a portion of garment base 160.”).
Greco fails to explicitly disclose including a recycled plastic fiber; forming a swimsuit body by engaging at least a portion of an inner surface of at least one inner swimsuit panel made from the first fabric material with at least a portion of an inner surface of at least one outer swimsuit panel made from the first fabric material;
Calhan teaches swimsuit for competition and disclose forming a swimsuit body (swimsuit 10; Cahan)(Col. 1 and Lines 39-52; Cahan) by engaging at least a portion of an inner surface (Figure 3; Cahan teaching the inner surface) of at least one inner swimsuit panel (inner ply 38; Cahan) made from the first fabric material (Col. 2 and Lines 27-34; Cahan, teaching specifically side panels 28 are made from a first fabric material being Nylon tricot), with at least a portion of an inner surface of at least one outer swimsuit panel (outer ply 40; Cahan), made from the first fabric material (Col. 2 and Lines 27-34; Cahan, teaching specifically side panels 28 are made from a first fabric material being Nylon tricot).
Therefore, based on Calhan’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Greco’s method for forming a swimsuit body to include forming a swimsuit body by engaging at least a portion of an inner surface of at least one inner swimsuit panel made from the first fabric material with at least a portion of an inner surface of at least one outer swimsuit panel made from the first fabric material, as doing so would provide improved fit and performance for the wearer.
Mardesic teaches articles of clothing including swimsuit tips (paragraph 0023; Mardesic) and discloses including a recycled plastic fiber (Paragraph; 0039; Mardesic, teaching, “As an example, up to 95% of the fabric used for the constructing the cover is recycled polyester, preferably up to about 90%, with the balance of the fabric used for the cover being synthetic fibres. In another embodiment, the cover may be constructed from nylon and synthetic fibres (such as lycra). As an example, up to 95% of the fabric used for the constructing the cover is nylon, preferably up to about 90%, with the balance of the fabric used for the cover being synthetic fibres.”).
Therefore, based on Mardesic’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Greco/Calhan’s first fabric material to include a recycled plastic fiber, as this would provide an aesthetic or decorative quality for the wearer. In addition this would be the simple substitution of one material for another material with the reasonable expectation that one material would perform equally as well as another.
As to Claim 15, Greco/Calhan/Mardesic disclose the method of claim 11, wherein the elastic member(Paragraph 0041-0042; Greco, teaching an elastic material or elastic strip 136; Greco) extends along an entire length of the binding material (See paragraph 0041-004; Greco teaching “In some examples, each edge binding strip 134 is formed of an elastic material and/or of the same material as at least a portion of garment base 160.”)(See Paragraph 0042; Greco teaching wherein the elastic member (136) extends along an entire length of the binding (134), “In particular, each elastic strip 136 may include and/or be a material, such as an elastic rubber, that is configured to bias each edge binding strip 134 toward the wearer's leg to conform each leg opening 132 to the wearer's leg.”).
As to claim 16, Greco/Calhan/Mardesic disclose the method of claim 11, further comprising sewing an inner panel (24; Cahan) to the swimsuit body (modified article of swimwear 100; Greco and Paragraph 0025 with (swimsuit 10; Cahan)(Col. 1 and Lines 39-52; as taught by Cahan)), formed of the first fabric material (Modified garment base 160; Greco with recycled plastic fiber as taught by Mardesic, Paragraph; 0039) the inner panel (24; Cahan) being formed of the first fabric material (Paragraph; 0039; Mardesic).
As to claim 17, Greco/Calhan/Mardesic disclose the method of claim 11, wherein the first fabric material is derived from the recycled plastic fiber material (Modified garment base 160; Greco with recycled plastic fiber as taught by Mardesic, Paragraph; 0039).
Claim 12 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2023/0129586 A1 to GRECO et al. (herein after "Greco") in view of United States Patent No. US 3,436,762 to L.C. CAHAN (herein after "Cahan") and further in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic"), as to claim 11 above, and further in view of Australian Patent No. AU 6,244,890 A to JAMES EARL JENKS, JR. (herein after "Jenks").
As to Claim 12, Greco/Calhoun/Mardesic disclose the method of claim 11, wherein sewing the binding material (See paragraph 0041-004; Greco teaching “In some examples, each edge binding strip 134 is formed of an elastic material and/or of the same material as at least a portion of garment base 160.”) to the swimsuit body includes sewing (Paragraph 0022; Greco, regarding sewing garment 100) the binding assembly (Paragraphs 0041-0042, teaching binding strip 134 and elastic strip 136; Greco) using a stitch pattern to the body (garment base 160; Greco) opening (Paragraph 0022; Greco teaching “Any stitching seam according to the present disclosure may utilize and/or embody any suitable sewing technique and/or pattern, examples of which include a lapped seam, a superimposed seam, a bound seam, a flat seam, a lockstitch, a chainstitch, a covering stitch, etc.”).
Greco/Calhoun/Mardesic fails to further disclose a cross-stitch pattern.
Jenks teaches swimsuits and discloses using a cross-stitch sewing pattern (Cross stitches #96, #118; Pages 8 – 9; Jenks), as doing so would provide improved overall appearance of the suit including the joined overlapping edges for the wearer.
Therefore, based on Jenks’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Greco/Calhoun/Mardesic’s swimsuit to include using a cross-stitch sewing pattern, as doing so would provide improved overall appearance of the suit including the joined overlapping edges for the wearer.
Claims 13-14 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2023/0129586 A1 to GRECO et al. (herein after "Greco") in view of United States Patent No. US 3,436,762 to L.C. CAHAN (herein after "Cahan") and further in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic"), as to claim 11 above, and further in view of United States Patent Application Publication No. US 2006/0080753 A1 to JUDY LEE (herein after "Lee").
As to Claim 13, Greco/Calhan/Mardesic disclose the method of claim 11, but fail to disclose further comprising sewing the at least one inner swimsuit panel to the at least one outer swimsuit panel along opposing edges of the at least one outer swimsuit panel so that a seam between the at least one inner swimsuit panel and the at least one outer swimsuit panel defines the body opening.
Lee teaches swimsuits including bikini swimsuits and one-piece swimsuits and discloses further comprising sewing the at least one inner swimsuit panel (lining layer 31; Lee) to the at least one outer swimsuit panel (outer stretchable layer 31; Lee) along opposing edges of the at least one outer swimsuit panel (outer stretchable layer 31; Lee) so that a seam between the at least one inner swimsuit panel (lining layer 31; Lee) and the at least one outer swimsuit panel (outer stretchable layer 31; Lee) defines the body opening (Figure 4; Lee and Paragraph 0031 & 0027.)
Therefore, based on Lee’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Greco/Calhan/Mardesic’s swimsuit body to include further comprising sewing the at least one inner swimsuit panel to the at least one outer swimsuit panel along opposing edges of the at least one outer swimsuit panel so that a seam between the at least one inner swimsuit panel and the at least one outer swimsuit panel defines the body opening, as doing so, would support and shaping to the body of the user for enhancing the aesthetically pleasing appearance.
As to Claim 14, Greco/Calhan/Mardesic/Lee disclose the method of claim 13, further comprising sewing a plurality of elongated bands (neck strap 221, chest strap 222; Lee) in between the at least one outer swimsuit panel (outer stretchable layer 31; Lee) and the at least one inner swimsuit panel (lining layer 31; Lee) to define a plurality of loops (Figure 4; Lee and Paragraph 0031 & 0027 ~ regarding sewing; teaching a neck loop encircling the wearer’s neck and a waist loop encircling the wearer’s waist.)
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Claim 18 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2023/0129586 A1 to GRECO et al. (herein after "Greco") in view of United States Patent No. US 3,436,762 to L.C. CAHAN (herein after "Cahan") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic") as to claim 11 above, and further in view of United States Patent Application Publication No. US 2020/0237039 A1 to ELLEN L. WARREN (herein after "Warren").
As to claim 18, Greco/Calhan/Mardesic disclose the method according to claim 11, binding assembly (Paragraphs 0041-0042, teaching binding strip 134 and elastic strip 136; Greco). further comprising determining dimensions of each of a plurality of sizes of the binding assembly and swimsuit body by performing a sizing with a person of respective sizes.)
Greco/Calhan/Mardesic fail to disclose further comprising determining dimensions of each of a plurality of sizes and swimsuit body by performing a sizing with a person of respective sizes.
Warren teaches sizing and construction method for custom fit one piece swimwear and discloses determining dimensions of each of a plurality of sizes of the assembly and swimsuit body by performing a sizing with a person of respective sizes (Figure 1 & Paragraphs 0019 & 0021; Warren, teaching “A sizing and construction method in accordance with an aspect of the present disclosure allows for a garment size to comprise a plurality of components, which may be three or four components (or some other number of components) allows garments to be constructed by using a sizing chart based on personal measurements. to create a custom fit leotard or one-piece swimwear garment.”)
Therefore, based on Warren’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Greco/Calhan/Mardesic’s swimsuit including the binding assembly and swimsuit body to include further comprising determining dimensions of each of a plurality of sizes and swimsuit body by performing a sizing with a person of respective sizes, as doing so would provide a more customized fit for the wearer (para. 0019).
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732