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 .
Status of Claims
This Office Action is in response to the amendment filed 1/23/26. As directed by the amendment, claims 1, 2, 4, 6, 10, 14 and 16 have been amended. Claims 1-19 are pending in this application.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
In the instant case there does not appear to be any means for language in the claims and/or language to be considered under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 103 AIA
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Crompton US 20160198775 A1 (herein after Crompton) in view of Fildan DE 102008007068 A1 (herein after Fildan).
Regarding claim 1, Crompton discloses a brassiere comprising: a pair of short, flexible underwires (60), each underwire of the pair of underwires encased in a narrow “U” shaped channel (as seen in annotated Figures 1 and 7); and a pair of deep-profile cups (as seen in annotated Figures 1 and 7).
[AltContent: arrow][AltContent: textbox (Shoulder strap)][AltContent: arrow][AltContent: textbox (Deep profile cups.)][AltContent: arrow][AltContent: arrow][AltContent: textbox (The pair of underwires encased in a narrow “U” shaped channel.)][AltContent: textbox (Underwires)]
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However, Crompton does not specifically disclose each cup of the pair of cups being positioned above a respective underwire of the pair of underwires.
Fildan teaches each cup of the pair of cups (30) being positioned above a respective underwire of the pair of underwires (60, as seen in annotated Figure 1), a pair of vertical support frames (12), each support frame of the pair of support frames extending in a substantial J shape (as seen in annotated Figure 1) from an inner edge of either cup of the pair of cups (Abstract) to respective shoulder strap of a pair of shoulder straps (as seen in annotated Figure 1).
[AltContent: textbox (A pair of vertical support frames.)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Each support frame of the pair of support frames extending in a substantial J shape from an inner edge of either cup of the pair of cups to respective shoulder strap of a pair of shoulder straps.)][AltContent: connector][AltContent: ][AltContent: textbox (Shoulder strap)][AltContent: connector][AltContent: arrow][AltContent: arrow][AltContent: textbox (Each cup of the pair of cups being positioned above a respective underwire of the pair of underwires.)]
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Crompton is analogous art to the claimed invention in that it relates to support bras. Fildan is analogous art to the claimed invention in that it relates to support bras.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the bra of Crompton by constructing each cup of the pair of cups being positioned above a respective underwire of the pair of underwires as taught by Fildan, in order to provide better support and lift. The modification of the configuration of the support elements within the bra cups would be a simple modification to obtain predictable results, creating a bra having better lift and more support to a larger portion of the breast that is more comfortable to wear.
Regarding claim 2, the modified brassiere of the combined references discloses the pair of support frames (26 of Fildan) positioned on an inner side of either cup of the pair of cups (as seen in annotated Figures 1 and 2 of Fildan), each support frame (as seen in annotated Figures 1 and 2 of Fildan) of the pair of support frames (as seen in annotated Figures 1 and 2 of Fildan) being configured to have a rounded bottom (as seen in annotated Figures 1 and 2 of Fildan) that contours the bottom edge of the respective cup under a respective breast of a user (as seen in annotated Figures 1 and 2 of Fildan) and a vertical side edge that contours the upper outer side of the brassiere (as seen in annotated Figures 1 and 2 of Fildan).
[AltContent: arrow][AltContent: textbox (A vertical side edge that contours the upper outer side of the brassiere.)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Support frames)]
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Regarding claim 3, the modified brassiere of the combined references discloses a center gore (104 of Crompton) disposed between the pair of cups (as seen in annotated Figure 2 of Crompton).
[AltContent: arrow][AltContent: textbox ( A gore.)]
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Regarding claim 4, the modified brassiere of the combined references discloses a band (as seen in annotated Figures 7 and 16 of Crompton) configured to wrap around a back of the user (as seen in annotated Figures 7 and 16 of Crompton), the band having a pair of embedded cushioning strips (paragraph 0005, 0011 and 0012 of Crompton).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A band.)]
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Regarding claim 5, the modified brassiere of the combined references discloses wherein each cup of the pair of cups has at least two layers (30 and 80, as seen in annotated Figure 1 of Crampton), both molded (paragraph 0042, as seen in annotated Figure 1 of Crampton) and either lined or unlined (10, as seen in annotated Figure 1 of Crampton).
[AltContent: arrow][AltContent: arrow][AltContent: textbox ( Cup layers.)][AltContent: arrow][AltContent: textbox (Inner lining)]
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Regarding claim 6, the modified brassiere of the combined references discloses wherein each support frame of the pair of support frames (26 of Fildan) includes a widened portion (as seen in annotated Figure 1 of Fildan) that extends towards a center of the brassiere (as seen in annotated Figure 1 of Fildan), the widened portion (as seen in annotated Figure 1 of Fildan) of a respective cup of the pair of cups when the brassiere is worn by the user (as seen in annotated Figure 1 of Fildan).
[AltContent: textbox (Each support frame of the pair of support frames includes a widened portion that extends towards the center of the brassiere.)][AltContent: arrow][AltContent: arrow]
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Regarding claim 7, the modified brassiere of the combined references discloses wherein the center gore (104 of Crompton) is positioned to align with a lowest end of each cup (as seen in annotated Figure 2 of Crompton) of the pair of cups (as seen in annotated Figure 2 of Crompton).
Regarding claim 8, the modified brassiere of the combined references discloses wherein the center gore includes a front closure (42 of Crompton) configured to open and close the brassiere from a front side of the brassiere (paragraph 0040 of Crompton).
Regarding claim 9, the modified brassiere of the combined references discloses wherein the band includes a rear closure (paragraph 0040 of Crompton) positioned opposite to the front closure (42, paragraph 0040 of Crompton) with respect to the front side (paragraph 0040 of Crompton) and a rear side of the brassiere (paragraph 0040 of Crompton) and configured to open and close the brassiere from the rear side of the brassiere (paragraph 0040 of Crompton).
Regarding claim 10, the modified brassiere of the combined references discloses wherein the rear closure (paragraph 0040 of Crompton) is a hook and eye closure (paragraph 0040 of Crompton).
Regarding claim 11, the modified brassiere of the combined references discloses wherein the molded layer (paragraph 0042 of Crompton) is formed of molded memory foam material (paragraph 0042 of Crompton) or unlined fabric (100 of Crompton).
Regarding claim 12, the modified brassiere of the combined references discloses wherein each support frame (26 of Fildan) is composed of a no-stretch (paragraph 0046 and 0056 of Crompton) or low-stretch microfiber.
Regarding claim 13, the modified brassiere of the combined references discloses wherein each support frame is composed of a material selected from a group consisting of a power mesh (paragraph 0046, 0055 and 0056 of Crompton), a 3D knit fabric, and a fabric.
Regarding claim 15, the modified brassiere of the combined references discloses wherein the support frames (26 of Fildan) are affixed to the respective cups on the inner side of the cups (as seen in annotated Figure 1 and 2 of Fildan) such that the support frame (26 of Fildan) is configured to be closest to the breast of the user (as seen in annotated Figure 1 and 2 of Fildan), the lined layer (10 of Crompton) is disposed on an outer side (100 of Crompton) of the support frame (26 of Fildan), and the unlined layer (30 of Crompton) is disposed on an outer side (as seen in annotated Figure 1 of Crompton) of the lined layer (10 of Crompton).
Regarding claim 16, the modified brassiere of the combined references discloses wherein the support frame is configured to be closest to breast of a user (26 as seen in annotated Figure 1 and 2 of Fildan) and the unlined layer (80 of Crompton) is disposed on a top side of the unlined layer (30 of Crompton).
Regarding claim 17, the modified brassiere of the combined references discloses wherein the support frames (26 as seen in annotated Figure 1 and 2 of Fildan) are affixed to the respective cups on the inner side of the cups (as seen in annotated Figure 2 of Fildan) such that the support frame is configured to be closest to the breast of the user (as seen in annotated Figure 2 of Fildan).
Regarding claim 18, the modified brassiere of the combined references discloses wherein each support frame of the pair of support frames (26, as seen in annotated Figure 2 of Fildan) includes an upper support component (as seen in annotated Figures 1 and 2 of Fildan) and a separate lower support component (as seen in annotated Figures 1 and 2 of Fildan).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Crompton US 20160198775 A1 (herein after Crompton) in view of Fildan DE 102008007068 A1 (herein after Fildan) as applied to claims 1, 2, 3 and 4 and further in view of Falla US 20040134602 A1(herein after Falla).
Regarding claim 14, the brassiere of the combined references discloses all the limitations of claim 14 and further discloses a pair of shoulder straps (paragraph 0005 of Crompton), wherein each shoulder strap of the pair of shoulder straps (paragraph 0005, as seen in annotated Figures 1 and 2 of Crompton) extend from a top side of a respective cup of the pair of cups to a top side of the band (as seen in annotated Figures 1 and 2 of Crompton), however, the combined references do not disclose the pair of shoulder straps including a padding at a shoulder region of each shoulder strap.
Falla teaches the pair of shoulder straps (as seen in annotated Figures 2, 3 and 4) including a padding at a shoulder region (as seen in annotated Figures 2, 3 and 4) of each shoulder strap (as seen in annotated Figures 2, 3 and 4).
[AltContent: textbox (The pair of shoulder straps including a padding at a shoulder region of each shoulder strap. )]
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Falla is analogous art to the claimed invention in that it relates to bras with fit and comfort features.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the bra of Crompton and Fildan by constructing the pair of shoulder straps to include a padding at a shoulder region of each shoulder strap as taught by Falla, in order to prevent the straps from digging in to the top of the shoulder of the wearer. The modification of the bra would be a simple modification to obtain predictable results, a more comfortable bra that places less stress and weight directly on the top of the shoulder.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Crompton US 20160198775 A1 (herein after Crompton) in view of Fildan DE 102008007068 A1 (herein after Fildan) as applied to claims 1, 2, 3, 4 and 18 and further in view of Liu CN 202077593 U (herein after Liu).
Regarding claim 19, the brassiere of the combined references discloses all the limitations of claim 19 except they do not disclose wherein the upper support component of each support frame overlaps with the lower support component of the respective support frame.
Liu teaches wherein the upper support component of each support frame overlaps (210) with the lower support component (220) of the respective support frame (200).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Lower support component.)][AltContent: textbox (Support element support frame.)]
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Liu is analogous art to the claimed invention in that it relates to bras having support elements.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified the configuration of the support elements within the bra of Crompton and Fildan by constructing the bras support elements to overlap as taught by Liu, in order to provide a support element that won’t shift or separate during wear. The modification of the configuration of the support elements in the brassiere would be a simple modification to obtain predictable results, creating a support element that better follows the shape of the breast and doesn’t pinch or separate during activity.
ARGUMENTS
Applicant’s arguments have been fully considered but are not convincing. Applicant’s arguments are directed towards structural elements included in the amended claims and thus do not apply to the manner in which prior art has been applied in the current rejection. In view of Applicant's amendments, the search has been updated, and a rejection on the amended claims is applied above.
In response to the applicant’s arguments that Crompton’s support frames do not reach to the straps of the brassiere and therefore do not utilize shoulder strap reinforcement for breast support, the examiner respectfully disagrees. As pointed out in the above rejection, the limitation introduced in the arguments regarding the support frames not reaching the straps of the brassiere and therefore do not utilize shoulder strap reinforcement for breast support, is not included in the Specification nor is it explained as being a function and purpose of the invention. Filden’s J shaped support frames as shown in annotated Figure 1, reach the base of where the upper portion of the cup narrow as to become the shoulder strap.
In response to the applicant’s arguments regarding element 104. The art shows a feature 104 and the reference lead line points to a portion between the cups that extends across the sternum. Element 42 is the clip. Element 106, not 104 is defined as the band at the back of the brassiere. Further, Filden also teaches a central gore (13).
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE M FERREIRA whose telephone number is (571)270-5916, fax number (571) 270-6916. The examiner can normally be reached on Monday - Thursday 9:00 am- 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, ALISSA J. TOMPKINS, at (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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/Catherine M. Ferreira/
Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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