DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, 4,5 and 7-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, line 1, after “garment” applicant should insert - - configured - - to avoid the claiming of “non-statutory subject matter” of a human body part of “ a wearer’s thighs. In claim 1, line 4, it is suggested that applicant insert “Thigh” before “spacer” for clarity. Also in line 10, there is no antecedent basis for “ said wearer’s inner groin” and it appears that the antecedent basis can be inserted in line 4 or thereabout. In claim 1, line 7, it appears that the first term “ larger” should be inserted between “dimension” and “than”. In line 10 applicant should consider inserting “thereby” before “maintains”.
In claim 4, line 6, there is no antecedent ais for “The top”.
In claim 7, line 1, there is no antecedent basis for “The shape”. In claim 13, line 6, change the wording to “ between said woman’s inner thighs” and delete “of said women’s body”.
In claim 16, line 2, instead of “Will retain its shape” consider - - having shape retention - - .
In claim 18, it is not clear as to what structure is performing the force against the wearer’s body parts.
Conclusion
Claims 1,2,4,5 and 7-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The Examiner can work with applicant by telephone to change any items to make the claims clear and concise for allowability as previously indicated and also to clarify the combination garment structure to avoid the Double patenting.
None of the cited references ,alone or in combination, disclose the compression garment and thigh separation structure as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA M HALE whose telephone number is (571)272-4984. The examiner can normally be reached MON.-THURS..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 1-571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA M HALE/Primary Examiner, Art Unit 3732