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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 15, 2026 has been entered.
Response to Amendment
The amendments filed with the written response received on July 15, 2026 have been considered and an action on the merits follows. As directed by the amendment, claims 1-2, 5, 8, 11, 13-15 have been amended. Accordingly, claims 1-18 are pending in this application, with an action on the merits to follow.
Examiner maintains the previous drawing objections from Office Action mailed June 5, 2025.
Examiner maintains the previous 35 USC 112b rejection for claim 6.
Response to Arguments
Applicant's arguments filed July 15, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments, recite a "swimsuit body ... including: an outer swimsuit panel" and "an inner swimsuit panel made from the same fabric as the outer swimsuit panel and coupled to opposing edges of the outer swimsuit panel," where "the outer swimsuit panel and the inner swimsuit panel define opposing exterior-facing surfaces of the swimsuit body" and where "an inner surface of the inner swimsuit panels engaged with an inner surface of the outer swimsuit panel across the inner surface of the outer swimsuit panel," as recited in amended claims. These arguments are not commensurate with the rejected claims and a new rejection is set forth below to address the newly added claim limitations.
Drawings
The drawings are objected to for Figures 1A, 1B, 1C, 1D, 1E, 2, 3A, 3B, 4A, 4B, 5A, 5B and 5C due to the photographs used for the figures and under 37 CFR 1.84(b). Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications due to shading inconsistencies that may interfere with visually ascertaining details of the invention and with reproducing the drawing in the event the application is issued. The Office will accept photographs in utility and design applications, however, if photographs are the only practicable medium for illustrating the claimed invention. In this instance, the subject matter of this application admits of illustration by a black and white drawing with solid black lines as outlined in 37 CFR 1.84(a)(1) and (c)-(y). Therefore, replacement drawings in place of the photographs are required. No new matter should be entered. See 37 CFR 1.121d(1) and (2) for guidance on amending the drawings.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “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 a body opening” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification -New Matter
The amendment filed March 01, 2022 is objected to under 35 U.S.C. 132(a) because it introduces new matter “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 a body opening” into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The new matter “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 a body opening”, (Page 4) of claims filed July 15, 2026 is not supported in the Specification dated July 11, 2024 as originally filed. Specifically, the Detailed Description does not include the use of the term “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 a body opening”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 11 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The new matter which recites “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 a body opening” in claim 11, page 4 filed July 15, 2026 is not supported in the specification July 11, 2024 as originally filed. It is unclear where Applicant provides support for the terms ““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 a body opening” and Applicant should specifically point out the support for any amendments made to the specification and provide explanation of Applicant’s position. See MPEP 2163.06.
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 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 is indefinite as it recites, “wherein the binding material is sewn to the swimsuit body separately from the elastic member using a cross-stitch sewing pattern." which appears to be a method-of-making limitation within a product claim, which is improper as it pertains to the metes and bounds of the claim. Correction is required.
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- 2 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2019/0246717 A1 to Bonnie Fischer, (herein after " Fischer") in view of World Patent No. WO 2020/252531 A1 to ASHLEY MARDESIC (herein after "Mardesic").
As to claim 1, Fischer discloses a swimsuit (Figures 1A-1F & 2A-2D & 10A – 10B - 12A & 12B and Paragraphs 0018, 0020,0042; Fischer teaching swimsuits) comprising: a swimsuit body (tank 100, swimsuit 1200; Fischer)(Paragraph 0025; Fischer) including a plurality of panels, the plurality of panels including: an outer swimsuit panel (outer fabric 102; Fischer ~ regarding outer swimsuit panel); and an inner swimsuit panel (inner panels 104; Fischer ~ regarding inner swimsuit panel) made from the same fabric as the outer swimsuit
panel and coupled to opposing edges (Figures 2A & 2D and Paragraphs 0020 0025; Fischer teaching side seams 200, 202 ~ regarding opposing edges which are also side seams.) of the outer swimsuit panel (Paragraphs 0020-0021, 0023-0032; Fischer teaching the outer swimsuit panel and the inner swimsuit panel defining opposing exterior facing surfaces of the swimsuit body, Paragraph 0032 "Example materials for the inner panels 104 and/or the outer fabric 102 ... Based on an implementation, the same materials,... can be used for the outer fabric 102 as the inner panels 104". and Paragraph 0021 "In some examples, the outer fabric 102 and the inner panels 104 include the same type of fabric."), the outer swimsuit panel and the inner swimsuit panel defining opposing exterior-facing surfaces of the swimsuit body Paragraphs 0021, 0023-0032; Fischer teaching the outer swimsuit panel and the inner swimsuit panel defining opposing exterior facing surfaces of the swimsuit body) (Paragraphs 0020-0021, 0023-0032; Fischer teaching the outer swimsuit panel and the inner swimsuit panel defining opposing exterior facing surfaces of the swimsuit body, Paragraph 0032 "Example materials for the inner panels 104 and/or the outer fabric 102 ... Based on an implementation, the same materials,... can be used for the outer fabric 102 as the inner panels 104". and Paragraph 0021 "In some examples, the outer fabric 102 and the inner panels 104 include the same type of fabric."), the inner swimsuit panel extending across the outer swimsuit panel to define a double layer of swimsuit material (Paragraphs 0021, 0020-0032; Fischer, Specifically paragraph 0023; Fischer teaching "In another example, as further discussed in reference to FIG. 4, a pair of inner panels 104 can be arranged from a single continuous material that is attached to the outer fabric 102 in a manner that functionally results in two inner panels 104 that can move independent of each other."), an inner surface of the inner swimsuit panel engaged with an inner surface of the outer swimsuit panel across the inner surface of the outer swimsuit panel (Figure 2A and Paragraphs 0020-0021, 0023-0032; Fischer, specifically paragraph 0031 ")(inner panel 104; Fisher ~ regarding inner swimsuit panel)(outer fabric 102; Fisher ~ regarding inner swimsuit panel).
Fischer 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 Fischer’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.
As to Claim 2, Fischer/Mardesic disclose the swimsuit of claim 1, the inner swimsuit panel has the same thickness as the outer swimsuit panel (Figure 2A and Paragraph 0032; Fischer teaching "Example materials for the inner panels 104 and/or the outer fabric 102 include, but are not limited to, cotton, nylon, rayon, spandex, spandex covered yarn, elastane, mesh, jersey knit, etc. Based on an implementation, the same materials, or different materials, can be used for the outer fabric 102 as the inner panels 104." Thereby teaching that both the inner swimsuit panel and the outer panel are the same material and thereby have the same thickness.)(Figure 2A and Paragraphs 0020-0021, 0023-0032; Fischer).
Claim 3 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2019/0246717 A1 to Bonnie Fischer, (herein after " Fischer") 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, Fischer/Mardesic disclose the swimsuit of claim 1, but fail to disclose further comprising a plurality of side stays, 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 further comprising a plurality of side stays (stay/rib 504, 508; DeGregorio), 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 further comprising a plurality of side stays, 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 Application Publication No. US 2019/0246717 A1 to Bonnie Fischer, (herein after " Fischer") 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 "Calhan").
As to Claim 4, Fischer/Mardesic disclose the swimsuit of claim 1, wherein the plurality of panels (outer fabric 102; Fischer ~ regarding outer swimsuit panel) (inner panels 104; Fischer ~ regarding inner swimsuit panel). Although Fischer 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) 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 Fischer /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, inner ply 38 and outer ply 40)) that are sewn together at opposing edges thereof (Figure 3; Cahan teaching the plurality of panels that are sewn together at opposing edges thereof, which has panel 38 and 40) along a plurality of seams (Figures 1 & 4, and Col. 2 and Lines 54-60; Cahan) (seams 36, 39, 39; Cahan)(Col. 2 and Lines 16-26 and 38-60; Cahan), the plurality of panels (Figures 1-3; Cahan ~ regarding, specifically side panels 28) (Figures 1-3; Cahan ~ regarding panel 46, side panels 28, and rear panel 26, (panel 24) inner ply 38 and outer ply 40)) made from a first fabric material (Col. 2 and Lines 27-45; Cahan, teaching specifically side panels 28 are made from a first fabric material being Nylon tricot or formed of nylon two-way stretch mesh fabric material), the plurality of panels (Figures 1-3; Cahan ~ regarding panel 46, side panels 28, and rear panel 26, , inner ply 38 and outer ply 40) including an inner swimsuit panel (inner ply 38; Cahan) and an outer swimsuit panel (outer ply 40; Cahan), the outer swimsuit panel and the inner swimsuit panel defining opposing exterior-facing surfaces of the swimsuit body (Figures 1-7 and specifically Figure 7; Cahan teaching the outer swimsuit panel and the inner swimsuit panel defining opposing exterior-facing surfaces of the swimsuit body), 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) across the inner surface of the outer swimsuit panel, (outer ply 40; Cahan)(Figure 3 & 7; 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 the body opening (opening 132; Greco) 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 an inner surface of at least one inner swimsuit panel made from the first fabric material with an inner surface of at least one outer swimsuit panel made from the first fabric material across an inner surface of the at least one outer swimsuit panel such that the at least one outer swimsuit panel and the at least one inner swimsuit panel define opposing exterior-facing surfaces of the swimsuit body: 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 a body opening.
Calhan teaches swimsuit for competition and disclose forming a swimsuit body (swimsuit 10; Cahan)(Col. 1 and Lines 39-52; Cahan) by engaging an inner surface (Figures 1- 7 and 3; Cahan teaching the inner surface) of at least one inner swimsuit panel (inner ply 38; Cahan and crotch portion 19 formed of two ply’s) made from the first fabric material (Col. 2 and Lines 27-34 and 61-70; Cahan, teaching specifically side panels 28 are made from a first fabric material being Nylon tricot or when referring to the crotch portion the two plies are made of the same material), with an inner surface of at least one outer swimsuit panel (outer ply 40; Cahan, crotch portion 19 having two plies; Cahan ~ Figure 7), made from the first fabric material (Col. 2 and Lines 27-34 & 60-70; Cahan, teaching specifically side panels 28 are made from a first fabric material being Nylon tricot or when referring to the crotch portion the two plies are made of the same material) across an inner surface of the at least one outer swimsuit panel such that the at least one outer swimsuit panel and the at least one inner swimsuit panel define opposing exterior-facing surfaces of the swimsuit body (Figures 1-7 and Col. 2, Lines 39-70; Cahan teaching material across an inner surface of the at least one outer swimsuit panel such that the at least one outer swimsuit panel and the at least one inner swimsuit panel define opposing exterior-facing surfaces of the swimsuit body. Cahan teaching crotch portion 19 formed of two ply’s): sewing the at least one inner swimsuit panel (inner ply 38; Cahan) to the at least one outer swimsuit panel (outer ply 40; Cahan) 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 a body opening (Figures 1-7 and Col. 2, Lines 39-70; Cahan).
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 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 across an inner surface of the at least one outer swimsuit panel such that the at least one outer swimsuit panel and the at least one inner swimsuit panel define opposing exterior-facing surfaces of the swimsuit body: 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 a body opening, 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 14 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 United States Patent Application Publication No. US 2006/0080753 A1 to JUDY LEE (herein after "Lee").
As to Claim 14, Greco/Calhan/Mardesic/Lee disclose the method of claim 11, but fail to disclose further comprising sewing a plurality of elongated bands in between the at least one outer swimsuit panel and the at least one inner swimsuit panel to define a plurality of loops.
Lee teaches swimsuits including bikini swimsuits and one-piece swimsuits and discloses 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.)
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 a plurality of elongated bands in between the at least one outer swimsuit panel and the at least one inner swimsuit panel to define a plurality of loops, as doing so, would support and shaping to the body of the user for enhancing the aesthetically pleasing appearance.
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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
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/AKWOKWO OLABISI REDHEAD/ Examiner, Art Unit 3732
/ALISSA L HOEY/ Primary Examiner, Art Unit 3732
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