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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 5, 2025 has been entered. Claims 1-11 and 13-20 are pending.
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 have been considered but are moot in view of the new ground(s) of rejection.
Claim Objections
Claims 1, 7, and 13-18 are objected to because of the following informalities
Claim 1: “at least one of a first cup having a first cup seam and a second cup having a second cup seam” should read “at least one of: a first cup having a first cup seam; and a second cup having a second cup seam” to enhance clarity
Claim 1: “wherein the at least one of the first cup seam is aligned with one end of the first seam and the second cup seam is aligned with one end of the second seam” should read “wherein /or the second cup seam is aligned with one end of the second seam” to enhance clarity and readability
Claim 1: the claim should consistently use either “breast management system” (see line 3) or “breast-management system” (see last line), but not both, to enhance consistency
Claim 7: “at least one of a first cup and a second cup attached to the first and second panels” should read “at least one: of a first cup; and a second cup, wherein the first cup and/or the second cup are respectively attached to the first and second panels” to enhance clarity
Claim 7: “at least one of: a pair of lateral elastic parts attached to opposing lateral parts of the second panel; a circumferential elastic part attached to the first and second panel lower peripheral edges” should read “at least one of: a pair of lateral elastic parts attached to opposing lateral parts of the second panel; and a circumferential elastic part attached to the first and second panel lower peripheral edges” to enhance clarity
Claim 7: “wherein the first cup and the second cup have a respective first cup seam and a second cup seam” should read “wherein the first cup and the second cup have a , respectively” to enhance clarity
Claim 7: “wherein the first cup seam and the second cup seam have a respective convex portion and an adjoining concave portion which, in combination, have a flattened S configuration” should read “wherein the first cup seam and the second cup seam each have a respective convex portion and an adjoining concave portion which, in combination, have a flattened S configuration” to enhance clarity (see page 3 of Final Rejection mailed on May 9, 2025)
Claim 13: “at least one of a first cup having a first cup lateral peripheral edge and a second cup having a second cup lateral peripheral edge” should read “at least one of: a first cup having a first cup lateral peripheral edge; and a second cup having a second cup lateral peripheral edge” to enhance clarity
Claim 13: “at least one of a first cup seam that extends from the first cup lateral peripheral edge to the second panel lower peripheral edge and a second cup seam that extends from the second cup lateral peripheral edge to the second panel lower peripheral edge” should read “at least one of: a first cup seam that extends from the first cup lateral peripheral edge to the second panel lower peripheral edge; and a second cup seam that extends from the second cup lateral peripheral edge to the second panel lower peripheral edge” to enhance clarity
Claim 13: “at least one of a lateral elastic part attached to a lateral part of the second panel and a circumferential elastic part attached to the second panel lower peripheral edge” should read “at least one of: a lateral elastic part attached to a lateral part of the second panel; and a circumferential elastic part attached to the second panel lower peripheral edge” to enhance clarity
Claim 14: “wherein the at least one of the first and second cups are attached to the first and second panels” should read “wherein /or second cups are respectively attached to the first and second panels” to enhance clarity and readability
Claim 15: “the at least one of the first and second cups respectively include a first cup lower peripheral edge and a second cup lower peripheral edge” should read “/or second cups respectively include a first cup lower peripheral edge and a second cup lower peripheral edge” to enhance clarity and readability
Claim 15: “the at least one of the first and second cup seams respectively extend from the first cup lateral peripheral edge to the first cup lower peripheral edge and from the second cup lateral peripheral edge to the second cup lower peripheral edge” should read “/or second cup seams respectively extend from the first cup lateral peripheral edge to the first cup lower peripheral edge and from the second cup lateral peripheral edge to the second cup lower peripheral edge” to enhance clarity and readability
Claim 16: “the first cup upper peripheral edge and the second cup upper peripheral edge separated by a distance” should read “the first cup upper peripheral edge and the second cup upper peripheral edge are separated by a distance”
Claim 17: “wherein: the at least one of the first cup lateral peripheral edge and the second cup lateral peripheral edge are respectively configured to be adjacent to axilla areas of a wearer” should read “wherein: /or the second cup lateral peripheral edge are respectively configured to be adjacent to axilla areas of a wearer” to enhance clarity and readability
Claim 18: “wherein: the at least one of the first cup and the second cup respectively have a first cup central area and a second cup central area” should read “wherein: /or the second cup respectively have a first cup central area and a second cup central area” to enhance clarity and readability
Claim 18: “the at least one of the first cup seam and the second cup seam extend laterally beyond the first and second cup central areas” should read “/or the second cup seam extend laterally beyond the respective first and second cup central areas” to enhance clarity and readability
Appropriate correction is required.
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 3, 4, 8-11, and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation “wherein: the first cup includes a first cup upper peripheral edge, a first cup lateral peripheral edge, a first cup lower peripheral edge, and a first cup central area; and the first cup seam extends from the first cup lateral peripheral edge to the first cup lower peripheral edge, and laterally beyond the first cup central area.” The limitation is indefinite, as claim 1 presents a choice between a first cup and a second cup, while claim 3 requires the choice to be the first cup, without positively reciting as such. For purposes of examination, the Examiner will interpret the limitation as follows: “wherein: the breast management system includes the first cup; the first cup includes a first cup upper peripheral edge, a first cup lateral peripheral edge, a first cup lower peripheral edge, and a first cup central area; and the first cup seam extends from the first cup lateral peripheral edge to the first cup lower peripheral edge, and laterally beyond the first cup central area.”
Similarly, claim 4 recites the limitation “wherein: the second cup includes a second cup upper peripheral edge, a second cup lateral peripheral edge, a second cup lower peripheral edge, and a second cup central area; and the second cup seam extends from the second cup lateral peripheral edge to the second cup lower peripheral edge, and laterally beyond the second cup central area.” The limitation is indefinite, as claim 1 presents a choice between a first cup and a second cup, while claim 4 requires the choice to be the second cup, without positively reciting as such. For purposes of examination, the Examiner will interpret the limitation as follows: “wherein: the breast management system includes the second cup; the second cup includes a second cup upper peripheral edge, a second cup lateral peripheral edge, a second cup lower peripheral edge, and a second cup central area; and the second cup seam extends from the second cup lateral peripheral edge to the second cup lower peripheral edge, and laterally beyond the second cup central area.”
Similarly, claim 8 recites the limitation “wherein: the second panel is attached, at a first seam and at a second seam, to the first panel; and wherein the first cup seam is aligned with one of the first seam and the second seam.” The limitation is indefinite, as claim 7 presents a choice between a first cup having a first cup seam, and a second cup having a second cup seam, while claim 8 requires the choice to be the first cup having the first cup seam, without positively reciting as such. For purposes of examination, the Examiner will interpret the limitation as follows: “wherein: the second panel is attached, at a first seam and at a second seam, to the first panel; wherein the breast management system includes the first cup having the first cup seam; and wherein the first cup seam is aligned with one of the first seam and the second seam.”
Similarly, claim 9 recites the limitation “wherein: the second panel is attached, at a first seam and at a second seam, to the first panel; and wherein the second cup seam is aligned with one of the first seam and the second seam.” The limitation is indefinite, as claim 7 presents a choice between a first cup having a first cup seam, and a second cup having a second cup seam, while claim 9 requires the choice to be the second cup having the second cup seam, without positively reciting as such. For purposes of examination, the Examiner will interpret the limitation as follows: “wherein: the second panel is attached, at a first seam and at a second seam, to the first panel; wherein the breast management system includes the second cup having the second cup seam; and wherein the second cup seam is aligned with one of the first seam and the second seam.”
Similarly, claim 10 recites the limitation “wherein: the second panel includes a second panel upper peripheral edge; and the pair of lateral elastic parts extend between the second panel upper peripheral edge and the second panel lower peripheral edge.” The limitation is indefinite, as claim 7 presents a choice between a pair of lateral elastic parts and a circumferential elastic part, while claim 10 requires the choice to be the pair of lateral elastic parts, without positively reciting as such. For purposes of examination, the Examiner will interpret the limitation as follows: “wherein: the second panel includes a second panel upper peripheral edge; the breast management system includes the pair of lateral elastic parts; and the pair of lateral elastic parts extend between the second panel upper peripheral edge and the second panel lower peripheral edge.”
Similarly, claim 11 recites the limitation “wherein the pair of lateral elastic parts are configured to be adjacent to midaxillary lines of a wearer.” The limitation is indefinite, as claim 7 presents a choice between a pair of lateral elastic parts and a circumferential elastic part, while claim 11 requires the choice to be the pair of lateral elastic parts, without positively reciting as such. For purposes of examination, the Examiner will interpret the limitation as follows: “wherein the breast management system includes the pair of lateral elastic parts; and the pair of lateral elastic parts are configured to be adjacent to midaxillary lines of a wearer.” Claim 19 recites the limitation “wherein the first panel is one integral component configured in the absence of attachable sub-panels.” The limitation is indefinite, as it is unclear what structure the phrase “configured in the absence of attachable sub-panels” includes or excludes. For example, are the sub-panels forming part of the first panel itself, or are the subpanels additional panels that are attachable to the first panel? As such, the metes and bounds of the claim limitation cannot be readily ascertained.
Similarly, claim 20 recites the limitation “wherein the second panel is one integral component configured in the absence of attachable sub-panels.” The limitation is indefinite, as it is unclear what structure the phrase “configured in the absence of attachable sub-panels” includes or excludes. For example, are the sub-panels forming part of the second panel itself, or are the subpanels additional panels that are attachable to the second panel? The Examiner notes that the limitation is further confusing, because the drawings/specification explicitly depict/disclose wherein the second panel includes both subpanels and additional panels attached to the second panel (e.g., 108 and 102b; see Figs. 2, 3, and 5 and paragraphs 0039 and 0057). As such, the metes and bounds of the claim limitation cannot be readily ascertained.
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.
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.
Claims 1-11 (regarding claims 3, 4, and 8-11, as best as can be understood) are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa et al. (herein Yuasa)(US PG Pub 2014/0087624) in view of Johnson (US Patent No. 4,398,538), further in view of Kasvikis (US PG Pub 2021/0315284), further in view of Dugan (US Patent No. 3,093,137).
Regarding claim 1, Yuasa discloses a garment (1) comprising:
a breast management system (bra of Fig. 1) having:
at least one of a first cup (left cup 10 as seen in Fig. 1) having a first cup seam (seam between middle cup portion 14 and lower cup portion 16, see Fig. 1 and paragraphs 0027-0040) and a second cup (right cup 10) having a second cup seam (see Fig. 1, note that although Fig. 1 is an approximate ¾ view that does not show the entirety of the second cup, Yuasa clearly discloses in paragraph 0027 that the brassiere is “substantially bilaterally symmetric,” such that the right cup would have the same corresponding cup features);
wherein the first cup seam and the second cup seam each have a respective apex, a convex portion on one side of the apex and a concave portion on an opposite side of the apex which, in combination, have a flattened S configuration (see annotated Fig. 1 and paragraphs 0027-0040).
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Yuasa further discloses wherein the features of the breast management system may be incorporated within other garments having brassiere cups, such as bra slips, bra camisoles, and swimsuits (see paragraph 0112) but fails to explicitly disclose an outer garment, wherein the breast management system is located inside the outer garment.
However, Johnson teaches a garment (see Figs. 1-8) having an outer garment (10) and a breast management system (22, 27) located inside the outer garment (see at least Figs. 1-5 and column 2, line 9 – column 3, line 33), so as to provide a combination garment with a comfortably fitting outer garment and inner breast management system that independently and softly adjusts to and supports the figure of the wearer (see column 1, lines 6-48; and column 3, lines 29-33).
Therefore, based on Johnson’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 incorporated Yuasa’s breast management system within an outer garment, such that the breast management system would be located inside the outer garment, as doing so would provide a combination garment with a comfortably fitting outer garment and inner breast management system that independently and softly adjusts to and supports the figure of the wearer.
Yuasa also fails to disclose wherein the breast-management system is free of closures. Instead, Yuasa discloses wherein the breast-management system may include a front or back closure (see paragraph 0109).
However, Kasvikis teaches a breast management system (100) comprising first and second cups (114), wherein the breast-management system can include a front closure or back closure or, alternatively, may be free of closures (see at least paragraphs 0048, 0139, and 0151), so as to reduce wearer discomfort (see at least paragraphs 0048, 0139, and 0151).
Therefore, based on Kasvikis’ 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 Yuasa’s breast-management system to be free of closures, as doing so would reduce wearer discomfort.
Furthermore, such a modification would be nothing more than a simple substitution of one known brassiere style for another (i.e., closure-free/pull-over style instead of front-close or rear-close), to accommodate a desired method of donning the brassiere (see at least paragraph 0139 of Kasvikis). In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Yuasa also fails to disclose wherein the breast management system further comprises a first panel; and a second panel attached, at a first seam and at a second seam, to the first panel; wherein the at least one of the first cup seam is aligned with one end of the first seam and the second cup seam is aligned with another one end of the second seam.
However, Kasvikis further teaches wherein the breast management system may include at least one further panel (118) located beneath the first and second cups (114), so as to form a conventional longline brassiere style, as doing so would reduce movement of the breast management system on the torso of the wearer (see paragraph 0104).
Furthermore, Dugan teaches a breast management system (10) having: a first panel (15, 16, which together form a first panel); a second panel (18, 19, 21, 22, 26, 27, 37, 38, which together form a second panel) attached, at a first seam and at a second seam (right and left seams 20), to the first panel (see Fig. 1 and column 2, lines 13-23); at least one of a first cup (11) having a first cup seam (32) and a second cup (12) having a second cup seam (32; see Fig. 1 and column 2, lines 38-52); wherein the at least one of the first cup seam is aligned with one end of the one panel seam and the second cup seam is aligned with another end of the another panel seam (see Fig. 1; each cup seam 32 is aligned with an upper end of a respective panel seam 20), so as to provide shaping and support to the wearer’s breasts and torso, while also allowing the brassiere to bend and move with the wearer for freedom of movement during use (see column 1, lines 8-58). The Examiner further notes that providing multiple seamed panels forming the longline shape would facilitate three-dimensional shaping of the garment under the cups.
Therefore, based on Kasvikis’ and Dugan’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 Yuasa’s breast management system (brassiere) to be a longline style brassiere having a first panel and a second panel attached, at a first seam and at a second seam, to the first panel; wherein the at least one of the first cup seam is aligned with one end of the first seam and the second cup seam is aligned with another one end of the second seam; as doing so would reduce movement of the breast management system on the torso of the wearer, facilitate three-dimensional shaping of the longline portion of the breast management system under the cups, and provide shaping and support to the wearer’s breasts and torso, while also allowing the breast management system to bend and move with the wearer for freedom of movement during use.
Regrading claim 2, the modified garment of Yuasa (i.e., Yuasa in view of Johnson, Kasvikis, and Dugan) is further disclosed to include: a pair of lateral elastic parts (24, 25 of Dugan) attached to opposing lateral parts of the second panel (see Fig. 1 and column 2, lines 24-30 of Dugan; elastic parts 24, 25 are attached to opposing lateral parts 18, 21, 26, 37 and 19, 22, 27, 38 of second panel 18, 19, 21, 22, 26, 27, 37, 38).
Regarding claim 3, the modified garment of Yuasa (i.e., Yuasa in view of Johnson, Kasvikis, and Dugan) is further disclosed wherein: the first cup (left cup 10 of Yuasa) includes a first cup upper peripheral edge (along top of cup 10), a first cup lateral peripheral edge (10s), a first cup lower peripheral edge (adjacent 30), and a first cup central area (area including and surrounding the cup apex, see Fig. 1) ; and the first cup seam (seam between 14 and 16) extends from the first cup lateral peripheral edge to the first cup lower peripheral edge, and laterally beyond the first cup central area (see at least Fig. 1 of Yuasa).
Regarding claim 4, the modified garment of Yuasa (i.e., Yuasa in view of Johnson, Kasvikis, and Dugan) is further disclosed wherein: the second cup (right cup 10 of Yuasa, see note above in rejection of claim 1 regarding the right and left cups) includes a second cup upper peripheral edge (along top of cup 10), a second cup lateral peripheral edge (10s), a second cup lower peripheral edge (adjacent 30), and a second cup central area (area including and surrounding the cup apex, see Fig. 1); and the second cup seam (seam between 14 and 16) extends from the second cup lateral peripheral edge to the second cup lower peripheral edge, and laterally beyond the second cup central area (see at least Fig. 1 of Yuasa).
Regarding claim 5, the modified garment of Yuasa (i.e., Yuasa in view of Johnson, Kasvikis, and Dugan) is further disclosed wherein the first panel (15, 16 of Dugan) includes a first panel lower peripheral edge (lower edges of 15, 16 adjacent panels 24, 25, see Fig. 1 of Dugan); and the first seam (20 of Dugan) extends from a first cup lower peripheral edge to the first panel lower peripheral edge (see annotated Fig. 1 of Dugan).
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Regarding claim 6, the modified garment of Yuasa (i.e., Yuasa in view of Johnson, Kasvikis, and Dugan) is further disclosed wherein the second panel (18, 19, 21, 22, 26, 27, 37, 38 of Dugan) includes a second panel lower peripheral edge (lowermost edges of 18, 19, 21, 22, 26, 27, see Fig. 1 of Dugan); and the second seam (20 of Dugan) extends from a second cup lower peripheral edge to the second panel lower peripheral edge (see annotated Fig. 1 of Dugan).
Regarding claim 7, Yuasa discloses a garment (1) comprising:
a breast management system (bra of Fig. 1) having:
at least one of a first cup (left cup 10 as seen in Fig. 1) and a second cup (right cup 10; see Fig. 1, note that although Fig. 1 is an approximate ¾ view that does not show the entirety of the second cup, Yuasa clearly discloses in paragraph 0027 that the brassiere is “substantially bilaterally symmetric,” such that the right cup would have the same corresponding cup features);
wherein the first cup and the second cup have a respective first cup seam (seam between middle cup portion 14 and lower cup portion 16 of left cup 10) and a second cup seam (seam between middle cup portion 14 and lower cup portion 16 of right cup 10);
wherein the first cup seam and the second cup seam have a respective apex, a convex portion, and an adjoining concave portion which, in combination, have a flattened S configuration (see annotated Fig. 1 and paragraphs 0027-0040).
Yuasa further discloses wherein the features of the breast management system may be incorporated within other garments having brassiere cups, such as bra slips, bra camisoles, and swimsuits (see paragraph 0112) but fails to explicitly disclose an outer garment, wherein the breast management system is located inside the outer garment.
However, Johnson teaches a garment (see Figs. 1-8) having an outer garment (10) and a breast management system (22, 27) located inside the outer garment (see at least Figs. 1-5 and column 2, line 9 – column 3, line 33), so as to provide a combination garment with a comfortably fitting outer garment and inner breast management system that independently and softly adjusts to and supports the figure of the wearer (see column 1, lines 6-48; and column 3, lines 29-33).
Therefore, based on Johnson’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 incorporated Yuasa’s breast management system within an outer garment, such that the breast management system would be located inside the outer garment, as doing so would provide a combination garment with a comfortably fitting outer garment and inner breast management system that independently and softly adjusts to and supports the figure of the wearer.
Yuasa also fails to disclose wherein the breast management system further comprises a first panel having a first panel lower peripheral edge; and a second panel, attached to the first panel, and having a second panel lower peripheral edge, wherein the breast management system further comprises at least one of: a pair of lateral elastic parts attached to opposing lateral parts of the second panel; and a circumferential elastic part attached to the first and second panel lower peripheral edges; wherein the circumferential elastic part is configured to extend around a torso of a wearer; wherein the circumferential elastic part is uninterrupted and free of closures.
However, Kasvikis teaches a breast management system (100) comprising first and second cups (114), wherein the breast management system may include at least one further panel (118) attached beneath the first and second cups (114), so as to form a conventional longline brassiere style, as doing so would reduce movement of the breast management system on the torso of the wearer (see paragraph 0104).
Furthermore, Dugan teaches a breast management system (10) having: a first cup (11), a second cup (12), a first panel (15, 16, which together form a first panel) having a first panel lower peripheral edge (lower edges of 15, 16 adjacent panels 24, 25, see Fig. 1); a second panel (18, 19, 21, 22, 26, 27, 37, 38, which together form a second panel) attached to the first panel, and having a second panel lower peripheral edge (lowermost edges of 18, 19, 21, 22, 26, 27, see Fig. 1); and a pair of lateral elastic parts (24, 25) attached to opposing lateral parts of the second panel (see Fig. 1 and column 2, lines 24-30; elastic parts 24, 25 are attached to opposing lateral parts 18, 21, 26, 37 and 19, 22, 27, 38 of second panel 18, 19, 21, 22, 26, 27, 37, 38); so as to provide shaping and support to the wearer’s breasts and torso, while also allowing the brassiere to bend and move with the wearer for freedom of movement during use (see column 1, lines 8-58).
Therefore, based on Kasvikis’ and Dugan’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 Yuasa’s breast management system (brassiere) to be a longline style brassiere having a first panel and a second panel attached beneath the first and second cups, the first panel having a first panel lower peripheral edge, and the second panel having a second panel lower peripheral edge, wherein the breast management system further comprises a pair of lateral elastic parts attached to opposing lateral parts of the second panel; as doing so would reduce movement of the breast management system on the torso of the wearer, and provide shaping and support to the wearer’s breasts and torso, while also allowing the breast management system to bend and move with the wearer for freedom of movement during use.
Regarding claim 8, the modified garment of Yuasa (i.e., Yuasa in view of Johnson, Kasvikis, and Dugan) is further disclosed wherein: the second panel (18, 19, 21, 22, 26, 27, 37, 38 of Dugan) is attached, at a first seam and at a second seam (right and left panel seams 20 of Dugan), to the first panel (see Fig. 1 and column 2, lines 13-23 of Dugan); and wherein the first cup seam is aligned with one of the first seam and the second seam (see Fig. 1 of Dugan; each cup seam 32 is aligned with an upper end of a respective panel seam 20).
Regarding claim 9, the modified garment of Yuasa (i.e., Yuasa in view of Johnson, Kasvikis, and Dugan) is further disclosed wherein: the second panel (18, 19, 21, 22, 26, 27, 37, 38 of Dugan) is attached, at a first seam and at a second seam (right and left panel seams 20 of Dugan), to the first panel (see Fig. 1 and column 2, lines 13-23 of Dugan); and wherein the second cup seam is aligned with one of the first seam and the second seam (see Fig. 1 of Dugan; each cup seam 32 is aligned with an upper end of a respective panel seam 20).
Regarding claim 10, the modified garment of Yuasa (i.e., Yuasa in view of Johnson, Kasvikis, and Dugan) is further disclosed wherein: the second panel (18, 19, 21, 22, 26, 27, 37, 38 of Dugan) includes a second panel upper peripheral edge (upper edges of 18, 19, 37, 38 of Dugan); and the pair of lateral elastic parts (24, 25 of Dugan) extend between the second panel upper peripheral edge and the second panel lower peripheral edge (see Fig. 1 of Dugan; the Examiner notes that lateral elastic parts 24, 25 extend at least partially between the upper and lower peripheral edges of the second panel, and claim 10 does not require the lateral elastic parts to extend continuously along an entire length of the second panel between the upper and lower peripheral edges of the second panel).
Regarding claim 11, the modified garment of Yuasa (i.e., Yuasa in view of Johnson, Kasvikis, and Dugan) is further disclosed wherein the pair of lateral elastic parts (24, 25 of Dugan) are adjacent to, i.e., close to, midaxillary lines of a wearer (see Fig. 1 of Dugan), depending on the size and proportions of the wearer.
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). See MPEP 2114 (II).
Claims 13-15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa in view of Kasvikis and Dugan.
Regarding claim 13, Yuasa discloses a breast management system (1) configured to be attachable inside an outer garment (see paragraph 0112, Yuasa discloses wherein the features of the breast management system may be incorporated within other garments having brassiere cups, such as bra slips, bra camisoles, and swimsuits, and is therefore capable of being attached inside an outer garment), the breast management system comprising:
at least one of a first cup (left cup 10 as seen in Fig. 1) having a first cup lateral peripheral edge (10s) and a second cup (right cup 10) having a second cup lateral peripheral edge (10s; see Fig. 1, note that although Fig. 1 is an approximate ¾ view that does not show the entirety of the second cup, Yuasa clearly discloses in paragraph 0027 that the brassiere is “substantially bilaterally symmetric,” such that the right cup would have the same corresponding cup features); and
at least one of a first cup seam (seam between middle cup portion 14 and lower cup portion 16 of left cup 10) and a second cup seam (seam between middle cup portion 14 and lower cup portion 16 of right cup 10);
wherein the first cup seam and the second cup seam each have a respective apex, a convex portion on one side of the apex, and a concave portion on an opposite side of the apex which, in combination, have a flattened S configuration (see annotated Fig. 1 and paragraphs 0027-0040).
Yuasa also fails to disclose wherein the breast management system further comprises a first panel having a first panel and a second panel attached to the first panel and having a second panel lower peripheral edge, such that the first cup seam extends from the first cup lateral peripheral edge to the second panel lower peripheral edge, and the second cup seam extends from the second cup lateral peripheral edge to the second panel lower peripheral edge; and wherein the breast management system further comprises at least one of: a lateral elastic part attached to a lateral part of the second panel; and a circumferential elastic part attached to the second panel lower peripheral edge; and wherein the circumferential elastic part is uninterrupted and free of fastening devices and closures.
However, Kasvikis teaches a breast management system (100) comprising first and second cups (114), wherein the breast management system may include at least one further panel (118) attached beneath the first and second cups (114), so as to form a conventional longline brassiere style, as doing so would reduce movement of the breast management system on the torso of the wearer (see paragraph 0104).
Furthermore, Dugan teaches a breast management system (10) having: a first cup (11) having a first cup seam (32), a second cup (12) having a second cup seam (32), a first panel (15, 16, which together form a first panel); a second panel (18, 19, 21, 22, 26, 27, 37, 38, which together form a second panel) attached to the first panel, and having a second panel lower peripheral edge (lowermost edges of 18, 19, 21, 22, 26, 27, see Fig. 1); wherein the first and second panels are joined by first and second seams (20) respectively aligned with the first and second cup seams (see Fig. 1); and a pair of lateral elastic parts (24, 25) attached to opposing lateral parts of the second panel (see Fig. 1 and column 2, lines 24-30; elastic parts 24, 25 are attached to opposing lateral parts 18, 21, 26, 37 and 19, 22, 27, 38 of second panel 18, 19, 21, 22, 26, 27, 37, 38); so as to provide shaping and support to the wearer’s breasts and torso, while also allowing the brassiere to bend and move with the wearer for freedom of movement during use (see column 1, lines 8-58). The Examiner further notes that providing multiple seamed panels forming the longline shape would facilitate three-dimensional shaping of the garment under the cups.
Therefore, based on Kasvikis’ and Dugan’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 Yuasa’s breast management system (brassiere) to be a longline style brassiere having a first panel and a second panel attached beneath the first and second cups, the second panel having a second panel lower peripheral edge, wherein the first and second panels are joined by first and second seams respectively aligned with the first and second cup seams, wherein the breast management system further comprises a pair of lateral elastic parts attached to opposing lateral parts of the second panel; as doing so would reduce movement of the breast management system on the torso of the wearer, facilitate three-dimensional shaping of the longline portion of the breast management system under the cups, and provide shaping and support to the wearer’s breasts and torso, while also allowing the breast management system to bend and move with the wearer for freedom of movement during use.
As modified, the first cup seam together taught by Yuasa and Dugan (seam between 14 and 16 of Yuasa, aligning with and continuing to 20 of Dugan) would extend from the first cup lateral peripheral edge (10s of Yuasa) to the second panel lower peripheral edge (lowermost edges of 18, 19, 21, 22, 26, 27 of Dugan, see Fig. 1 of Yuasa in combination with Fig. 1 of Dugan); and the second cup seam together taught by Yuasa and Dugan (seam between 14 and 16 of Yuasa, aligning with and continuing to 20 of Dugan) would extend from the second cup lateral peripheral edge (10s of Yuasa) to the second panel lower peripheral edge (lowermost edges of 18, 19, 21, 22, 26, 27 of Dugan, see Fig. 1 of Yuasa in combination with Fig. 1 of Dugan).
Regarding claim 14, the modified system of Yuasa (i.e., Yuasa in view of Kasvikis and Dugan) is further disclosed wherein the at least one of the first and second cups (11, 12 of Dugan) are attached to the first and second panels (15, 16 of Dugan, which together form the first panel, and 18, 19, 21, 22, 26, 27, 37, 38 of Dugan, which together form the second panel).
Regarding claim 15, the modified system of Yuasa (i.e., Yuasa in view of Kasvikis and Dugan) is further disclosed wherein: the at least one of the first and second cups (left and right 10 of Yuasa) respectively include a first cup lower peripheral edge (adjacent 30, see Fig. 1 of Yuasa) and a second cup lower peripheral edge (adjacent 30, see Fig. 1 of Yuasa and note above regarding the left and right cups), and the at least one of the first and second cup seams (seams between 14 and 16) respectively extend from the first cup lateral peripheral edge to the first cup lower peripheral edge and from the second cup lateral peripheral edge to the second cup lower peripheral edge (see Fig. 1 of Yuasa).
Regarding claim 17, the modified system of Yuasa (i.e., Yuasa in view of Kasvikis and Dugan) is further disclosed wherein the at least one of the first cup lateral peripheral edge (10s of left cup 10 of Yuasa) and the second cup lateral peripheral edge (10s of right cup 10 of Yuasa) are respectively configured to be adjacent to axilla areas of a wearer (see Fig. 1 of Yuasa; the lateral peripheral edges 10s are located so as to be reasonably adjacent/close to axilla areas of the wearer during use of bra 10, depending on the size/proportions of the wearer).
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). See MPEP 2114 (II).
Regarding claim 18, the modified system of Yuasa (i.e., Yuasa in view of Kasvikis and Dugan) is further disclosed wherein: the at least one of the first cup and the second cup respectively have a first cup central area and a second cup central area (central areas of cups 10 of Yuasa including and surrounding the apex, see Fig. 1 of Yuasa); and the at least one of the first cup seam and the second cup seam (seams between 14 and 16 of Yuasa) extend laterally beyond the first and second cup central areas (see Fig. 1 of Yuasa).
Claims 13-15 and 17-19 (regarding claim 19, as best as can be understood) are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa in view of Zarabi (US PG Pub 2011/0214216).
Regarding claim 13, Yuasa discloses a breast management system (1) configured to be attachable inside an outer garment (see paragraph 0112, Yuasa discloses wherein the features of the breast management system may be incorporated within other garments having brassiere cups, such as bra slips, bra camisoles, and swimsuits, and is therefore capable of being attached inside an outer garment), the breast management system comprising:
at least one of a first cup (left cup 10 as seen in Fig. 1) having a first cup lateral peripheral edge (10s) and a second cup (right cup 10) having a second cup lateral peripheral edge (10s; see Fig. 1, note that although Fig. 1 is an approximate ¾ view that does not show the entirety of the second cup, Yuasa clearly discloses in paragraph 0027 that the brassiere is “substantially bilaterally symmetric,” such that the right cup would have the same corresponding cup features); and
at least one of a first cup seam (seam between middle cup portion 14 and lower cup portion 16 of left cup 10) and a second cup seam (seam between middle cup portion 14 and lower cup portion 16 of right cup 10);
wherein the first cup seam and the second cup seam each have a respective apex, a convex portion on one side of the apex, and a concave portion on an opposite side of the apex which, in combination, have a flattened S configuration (see annotated Fig. 1 and paragraphs 0027-0040).
Yuasa further discloses wherein the features of the breast management system may be incorporated within other garments having brassiere cups, such as bra slips, bra camisoles, and swimsuits (see paragraph 0112), but fails to specifically disclose wherein the breast management system further comprises a first panel having a first panel and a second panel attached to the first panel and having a second panel lower peripheral edge, such that the first cup seam extends from the first cup lateral peripheral edge to the second panel lower peripheral edge, and the second cup seam extends from the second cup lateral peripheral edge to the second panel lower peripheral edge; and wherein the breast management system further comprises at least one of: a lateral elastic part attached to a lateral part of the second panel; and a circumferential elastic part attached to the second panel lower peripheral edge; and wherein the circumferential elastic part is uninterrupted and free of fastening devices and closures.
However, Zarabi teaches a breast management system (100) comprising: a first panel (see annotated Fig. 1A); a second panel attached to the first panel and having a second panel lower peripheral edge (see annotated Figs. 1A-1B); at least one of a first cup having a first cup lateral peripheral edge and a second cup having a second cup lateral peripheral edge (see annotated Fig. 1A); at least one of a first cup seam (first 102) that extends from the first cup lateral peripheral edge to the second panel lower peripheral edge and a second cup seam (second 102) that extends from the second cup lateral peripheral edge to the second panel lower peripheral edge (see Fig. 1A and paragraphs 0049 and 0055); and a lateral elastic part (lateral portion of 103, see annotated Fig. 1B) attached to a lateral part of the second panel (see Figs. 1A-1C and paragraphs 0045-0056, back panel 103 is formed of an elastic fabric and is attached at least indirectly to a lateral part of the second panel), as doing so would provide shaping and slimming to the wearer’s torso to accentuate the wearer’s figure, while also providing bust and posture support (see paragraphs 0003 and 0047-0055).
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Therefore, based on Zarabi’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 incorporated Yuasa’s breast management system within a bra tank top having first panel having a first panel and a second panel attached to the first panel and having a second panel lower peripheral edge, such that the first cup seam extends from the first cup lateral peripheral edge to the second panel lower peripheral edge, and the second cup seam extends from the second cup lateral peripheral edge to the second panel lower peripheral edge; and wherein the breast management system further comprises a lateral elastic part attached to a lateral part of the second panel; as Yuasa already discloses wherein the breast management system may be incorporated within other garments having brassiere cups, such as bra camisoles, and doing so would provide shaping and slimming to the wearer’s torso to accentuate the wearer’s figure, while also providing bust and posture support.
Regarding claim 14, the modified system of Yuasa (i.e., Yuasa in view of Zarabi) is further disclosed wherein the at least one of the first and second cups are attached to the first and second panels (see at least Fig. 1A and paragraphs 0049-0055 of Zarabi).
Regarding claim 15, the modified system of Yuasa (i.e., Yuasa in view of Zarabi) is further disclosed wherein the at least one of the first and second cups respectively include a first cup lower peripheral edge and a second cup lower peripheral edge (at underbust seam 106 of Zarabi, see Fig. 1A and paragraph 0049 of Zarabi), and the at least one of the first and second cup seams (first and second seams 102 of Zarabi) respectively extend from the first cup lateral peripheral edge to the first cup lower peripheral edge and from the second cup lateral peripheral edge to the second cup lower peripheral edge (see at least Fig. 1A and paragraphs 0049 and 0055 of Zarabi).
Regarding claim 17, the modified system of Yuasa (i.e., Yuasa in view of Zarabi) is further disclosed wherein the at least one of the first cup lateral peripheral edge and the second cup lateral peripheral edge are respectively configured to be adjacent to axilla areas of a wearer (see Figs. 1A-1B of Zarabi, note that the lateral edges of each cup define arm holes that are typically disposed adjacent to a wearer’s armpits, i.e., axilla areas, when worn, depending on the size and proportions of the wearer).
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). See MPEP 2114 (II).
Regarding claim 18, the modified system of Yuasa (i.e., Yuasa in view of Zarabi) is further disclosed wherein the at least one of the first cup and the second cup respectively have a first cup central area and a second cup central area (central areas of cups 10 of Yuasa including and surrounding the apex, see Fig. 1 of Yuasa); and the at least one of the first cup seam and the second cup seam (seams between 14 and 16 of Yuasa) extend laterally beyond the first and second cup central areas (see Fig. 1 of Yuasa).
Regarding claim 19, the modified system of Yuasa (i.e., Yuasa in view of Zarabi) is further disclosed wherein the first panel is one integral component configured in the absence of attachable sub-panels (see Fig. 1A and paragraph 0055 of Zarabi, the first panel is a single integral panel defined by seams 106 and 102).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yuasa, Kasvikis, and Dugan, as applied to claim 13 above, in view of Bell et al. (herein Bell)(US PG Pub 2009/0259159).
Regarding claim 16, the modified system of Yuasa (i.e., Yuasa in view of Kasvikis and Dugan) is further disclosed to comprise: both of the first and second cups (left and right 10 of Yuasa); the first and second cups respectively have first and second cup upper peripheral edges (along top edges of 10); the first cup upper peripheral edge and the second cup upper peripheral edge separated by a distance (distance corresponding to center gore of brassiere 1, see Fig. 1 of Yuasa).
Yuasa fails to further disclose wherein the first and second cup upper peripheral edges, in combination, have a generally U-shaped configuration when the breast management system is on a wearer.
However, Bell teaches a breast-supporting garment (1) comprising first and second cups (12, 14) having first and second cup upper peripheral edges (upper edges of cups 12, 14 which form respective halves of neckline 42, see Fig. 1), wherein the first and second cup upper peripheral edges, in combination, have a generally U-shaped configuration when the breast management system is on a wearer (see