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 10/27/25. As directed by the amendment, claims 1, 10 and 19 have been amended. Claims 1-26 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 § 102 AIA
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuasa US 20160044972 A1 (herein after Yuasa).
Regarding claim 1, Yuasa discloses an upper-torso support garment comprising: a lateral wing (as seen in annotated Figure 5); a breast cup (as seen in annotated Figure 5) positioned between the lateral win
(as seen in annotated Figure 5) and comprising a lower transitional edge (as seen in annotated Figure 5) that comprises a lower boundary of the breast cup (as seen in annotated Figure 5), and an underwire (as
seen in annotated Figure 5) secured along a portion of the lower transitional edge (as seen in annotated Figure 5), the lateral terminal end (as seen in annotated Figure 5) positioned at a midpoint of the lower transitional edge (as seen in annotated Figure 5), a center bridge (as seen in annotated Figure 5); the underwire comprising a medial terminal end (as seen in annotated Figure 5) positioned at or near an upper portion of the center bridge (as seen in annotated Figure 5).
[AltContent: textbox (A lateral wing. )][AltContent: arrow][AltContent: textbox (A breast cup positioned between the lateral wings.)][AltContent: arrow][AltContent: textbox (An underwire secured along a portion of the lower transitional edge.)][AltContent: textbox (The lateral terminal end positioned at a midpoint of the lower transitional edge.)][AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (A lower transitional edge that comprises a lower boundary of the breast cup.)][AltContent: arrow][AltContent: arrow]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (A central bridge.)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Underwire)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Medial terminal end)][AltContent: textbox (Upper portion of the central bridge.)]
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Regarding claim 2, Yuasa discloses wherein the lateral terminal end of the underwire (20//30 of Yuasa) is aligned with the lower transitional edge (as seen in annotated Figure 5 of Yuasa) along a middle one-third segment (as seen in annotated Figure 5 of Yuasa) of the lower transitional edge (as seen in annotated Figure 5 of Yuasa).
[AltContent: arrow][AltContent: textbox (Underwire)][AltContent: connector][AltContent: textbox (Lateral terminal end)][AltContent: connector][AltContent: textbox (Middle one-third segment of the transitional edge.)][AltContent: ][AltContent: arrow][AltContent: textbox (Lower transitional edge)]
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Regarding claim 3, Yuasa discloses the lower transitional edge (as seen in annotated Figure 5 of Yuasa) comprises a medial endpoint (as seen in annotated Figure 5 of Yuasa), a lateral endpoint (as seen in annotated Figure 5 of Yuasa), and a midpoint (as seen in annotated Figure 5 of Yuasa) between the medial endpoint (as seen in annotated Figure 5 of Yuasa) and the lateral endpoint (as seen in annotated Figure 5 of Yuasa); and the lateral terminal end of the underwire (as seen in annotated Figure 5 of Yuasa) is substantially aligned with the midpoint (as seen in annotated Figure 5 of Yuasa).
[AltContent: arrow][AltContent: textbox (The lateral terminal end of the underwire is substantially aligned with the midpoint.)][AltContent: arrow][AltContent: textbox (A lateral endpoint. )][AltContent: arrow]
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[AltContent: textbox (A midpoint between the medial endpoint and the lateral endpoint. )]
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 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa US 20160044972 A1 (herein after Yuasa) in view of Falla US 20020106970 A1 (herein after Falla).
Regarding claim 4, Yuasa discloses all the limitations of claim 4, however, Yuasa is silent to the lower transitional edge comprises a first length and the underwire comprises a second length.
Falla discloses the lower transitional edge (as seen in annotated Figure 1 of Falla) comprises a first length (as seen in annotated Figure 1 of Falla) and the underwire (as seen in annotated Figure 1 of Falla) comprises a second length (as seen in annotated Figure 1 of Falla).
[AltContent: textbox (The lower transitional edge first length.)]
[AltContent: connector][AltContent: connector][AltContent: textbox (The underwire second length.)][AltContent: ][AltContent: ][AltContent: ][AltContent: ][AltContent: arc][AltContent: arc]
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Falla US 20020106970 A1
Yuasa and Falla are analogous art to the claimed invention in that they relate to support garments for the upper torso.
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 support elements of Yuasa by constructing the lower transitional edge having a first length and the underwire having a second length as taught by Falla, in order to secure the underwire in position and provide more comfortable support beneath the bra cup. The modification would be a simple modification to create an upper torso support garment with an underwire that holds the breast in place but prevents poking into the skin, as such making the garment more comfortable to wear.
However, they are silent to the second length being in a range of about 40% to 60% of the first length.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have constructed the lower transitional edge comprising a first length, and the underwire comprising a second length being in a range of about 40% to 60% of the first length, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges that would be discovered through routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, would be deemed through routine experimentation and as such is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions. See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007).
Regarding claim 5, while the modified upper-torso support garment of the combined references does not specifically disclose wherein the second length (as seen in annotated Figure 1 of Falla) is about half of the first length (as seen in annotated Figure 1 of Falla), it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have constructed the second length of the underwire being about half of the first length the lower transitional edge of the breast cup, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges that would be discovered through routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, would be deemed through routine experimentation and as such is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions. See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007). Determining the appropriate length and positioning of the underwire around the breast cup ensures the desired support and stability is incorporated in to the bra at the locations where it is needed is most.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa US 20160044972 A1 (herein after Yuasa) in view of Falla US 20020106970 A1 (herein after Falla) and Hsu US 20060046614 A1 (herein after Hsu).
Regarding claim 6, Yuasa discloses all the limitations of claim 6 however, Yuasa does not disclose the underwire is affixed to one or more textile layers.
Falla discloses the underwire is affixed to one or more textile layers (as seen in annotated Figure 1 of Falla).
Falla is analogous art to the claimed invention in that they relate to support garments for the upper torso.
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 underwire of Yuasa by constructing the underwire being affixed to one or more textile layers as taught by Falla in order to better position the underwire and hold it in place. The modification would be a simple modification to make the support bra more comfortable while holding the underwire securely in position.
However, Yuasa and Falla are silent to at least one layer of the one or more textile layers (paragraph 0002 of Hsu) comprises a foam layer.
Hsu discloses at least one layer of the one or more textile layers (paragraph 0002 of Hsu) comprises a foam layer (paragraph 0002 of Hsu).
Hsu is analogous art to the claimed invention in that they relate to support garments for the upper torso.
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 underwire of Yuasa and Falla by constructing the materials on either side of the underwire at least one layer of the one or more textile layers comprising a foam layer as taught by Hsu in order to better position the underwire and hold it in place. The modification would be a simple modification to make the support bra more comfortable while holding the underwire securely in position.
Regarding claim 7, Yuasa discloses all the limitations of claim 7 and further discloses the lateral wing (as seen in annotated Figure 5) and the breast cup (as seen in annotated Figure 5); across the lower transitional edge (as seen in annotated Figure 5).
However, Yuasa is silent to the panels including a first textile panel, wherein the first textile panel extends through a lateral portion of the breast cup.
Falla discloses the panels including a first textile panel (41, paragraph 0098 of Falla), wherein the first textile panel (41, paragraph 0098 of Falla) extends through a lateral portion of the breast cup (as seen in annotated Figure 6 of Falla).
Yuasa and Falla are analogous art to the claimed invention in that it relates to support garments for the upper torso.
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 portion of the breast cups of Yuasa by constructing the panels including a first textile panel, wherein the first textile panel extends through a lateral portion of the breast cup as taught by Falla in order to stabilize the inner and outer layer and provide additional reinforcement and support around the breast and more support to the lower portion of the breast cup. The modification would be a simple modification to obtain predictable results, providing extra support to the side portions of the bra cup and the lower portion of the breast.
However, Yuasa and Falla are silent to a cradle positioned below the breast cup, the cradle comprising an outer textile layer, an inner textile layer, the panels retained between the outer textile layer and the inner textile layer, wherein the first textile panel extends through a portion of the cradle.
Hsu discloses a cradle (33 of Hsu) positioned below the breast cup (31 of Hsu), the cradle (33 of Hsu) comprising an outer textile layer (311, paragraph 0010 of Hsu), an inner textile layer (312, paragraph 0010 of Hsu), the panels retained between the outer textile layer (30, as seen in annotated Figure 1 of Hsu) and the inner textile layer (312, paragraph 0010 of Hsu), wherein the first textile panel extends through a portion of the cradle (33 of Hsu).
[AltContent: arrow][AltContent: textbox (Lateral portion of the breast cup.)][AltContent: arrow][AltContent: textbox (Inner textile layer.)][AltContent: textbox (Outer textile layer.)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Cradle)]
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Hsu is analogous art to the claimed invention in that it relates to upper torso support garments.
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 torso garment of Yuasa and Falla by including a cradle positioned below the breast cup, the cradle comprising an outer textile layer, an inner textile layer, the panels retained between the outer textile layer and the inner textile layer, wherein the first textile panel extends through a portion of the cradle as taught by Hsu in order to allow the cradle support beneath the breast to be made from different materials without having bulky seams. The modification would be a simple modification to make a support garment that is comfortable to wear, is free of seams, and can provide different properties to the garment such as stretch, stiffness or breathability where desired.
Regarding claim 8, the modified upper-torso support garment of the combined references discloses wherein in the lateral portion of the breast cup (31 of Hsu), the outer textile layer (311, paragraph 0010 of Hsu), the inner textile layer (312, paragraph 0010 of Hsu) and a medial portion of the breast cup (31 of Hsu).
However, the combined references are silent to the outer textile layer is affixed indirectly to the inner textile layer, the first textile panel interleaving therebetween; the inner textile layer and outer textile layer, the outer textile layer is affixed directly to the inner textile layer, without the first textile panel interleaving therebetween.
Falla discloses the outer textile layer is affixed indirectly (paragraph 0048 and 0061 of Falla) to the inner textile layer, the first textile panel (paragraph 0048 and 0061, as seen in annotated Figure 16F of Falla) interleaving therebetween (paragraph 0145, as seen in annotated Figure 16F of Falla); the inner textile layer and outer textile layer, the outer textile layer is affixed directly (paragraph 0032 of Falla) to the inner textile layer, without the first textile panel interleaving therebetween (paragraph 0145, as seen in annotated Figure 16F of Falla).
[AltContent: textbox (Second textile panel)][AltContent: arrow]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (The outer textile layer is affixed directly to the inner textile layer, without the first textile panel interleaving therebetween.)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First textile panel)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Interleaved layers)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Textile layers)][AltContent: textbox (Adhesive)]
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It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have constructed the outer textile layer is affixed indirectly to the inner textile layer, the first textile panel interleaving therebetween; the inner textile layer and outer textile layer, the outer textile layer is affixed directly to the inner textile layer, without the first textile panel interleaving therebetween as taught by Falla in order to provide more reinforcement around the breast cup and more give and flexibility in the center portion of the breast cup. The interleaving of the layers eliminates unnecessary stiffness and bull where the layers align. The modification would be a simple modification to obtain predictable results, providing support where needed, and stretch and give where needed, making the bra more comfortable to wear.
Regarding claim 9, the modified upper-torso support garment of the combined references discloses the inner textile layer (312, paragraph 0010 of Hsu), the outer textile layer (311, paragraph 0010 of Hsu).
However, the combined references are silent to the center bridge, and a second textile panel retained between the outer textile layer and the inner textile layer; and the second textile panel, as compared to the first textile panel comprises one or more of a higher modulus of elasticity and a lower elongation.
Falla discloses the center bridge (40 of Falla), and a second textile panel (paragraph 0048 and 0061 as seen in annotated Figure 16F of Falla) retained between (paragraph 0048 and 0061 of Falla) the outer textile layer and the inner textile layer; and the second textile panel (paragraph 0048 and 0061, as seen in annotated Figure 16F of Falla), as compared to the first textile panel (paragraph 0048 and 0061, as seen in annotated Figure 16F of Falla), comprises one or more of a higher modulus of elasticity (paragraphs 0137, 138, 0139, 0140 of Falla) and a lower elongation (paragraphs 0137, 138, 0139, 0140 of Falla).
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have included a second textile panel being retained between the outer textile layer and the inner textile layer; and the second textile panel, having a higher modulus of elasticity as taught by Falla in order to stabilize the portions of the garment in such a manner that they are still flexible and comfortable to wear, but will not stretch out of shape during wear. The modification would be a simple modification to obtain predictable results, a garment that provides support and stability but also is more comfortable to wear.
Claims 10-18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Falla US 20020106970 A1 (herein after Falla) in view of Hsu US 20060046614 A1 (herein after Hsu), Liu US 20070298681 A1 (herein after Liu) and Martins Crawbuck US 8206196 B1 (herein after Martins Crawbuck).
Regarding claim 10, Falla upper-torso support garment comprising: a breast cup (as seen in annotated Figure 1 and 2A) comprising a medial portion (as seen in annotated Figure 1 and 2A) and a lateral portion (as seen in annotated Figure 1 and 2A).
[AltContent: textbox (A medial portion.)][AltContent: textbox (A breast cup.)]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (A lateral portion.)]
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Falla is silent to an outer textile layer, an inner textile layer, and a first textile panel retained between the outer textile layer and the inner textile layer.
Hsu discloses an outer textile layer (Abstract, paragraph 0002 of Hsu), an inner textile layer (Abstract, paragraph 0002 of Hsu), and a first textile panel (33 of Hsu) retained between the outer textile layer (20 of Hsu) and the inner textile layer (10 of Hsu).
[AltContent: arrow][AltContent: textbox (Medial portion of the breast cup.)][AltContent: arrow][AltContent: textbox (Lateral portion of the breast cup.)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Inner textile)][AltContent: textbox (Outer textile)]
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Falla and Hsu are analogous art to the claimed invention in that they relate to upper torso support garments.
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 upper torso garments sling segments of Falla having an outer textile layer, an inner textile layer, and a first textile panel retained between the outer textile layer and the inner textile layer as taught by Hsu in order to provide improved lateral support. The modification would be a simple modification to obtain predictable results, better fit, lateral support and comfort to the wearer.
However, Falla and Hsu does not specifically disclose that in the lateral portion of the breast cup, the outer textile panel interleaves between the outer textile layer and the inner textile layer; and in the medial portion of the breast cup, the outer textile layer is layered directly adjacent the inner textile layer.
Liu teaches in the lateral portion (as seen in annotated Figure 21) of the breast cup (108, 109), the outer textile panel (111) interleaves (as seen in annotated Figure 20a) between the outer textile layer (111) and the inner textile layer (112); and in the medial portion of the breast cup (as seen in annotated Figure 21), the outer textile layer is layered directly adjacent the inner textile layer (as seen in annotated Figure 10b, paragraph 0140, 0144).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Medial portion of the breast cup.)][AltContent: textbox (Lateral portion of the breast cup.)]
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Liu US 20070298681 A1
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[AltContent: textbox (In the lateral portion of the breast cup, the outer textile panel interleaves between the outer textile layer and the inner textile layer.)][AltContent: textbox (In the medial portion of the breast cup, the outer textile layer is layered directly adjacent the inner textile layer.)]
Liu is analogous art to the claimed invention in that it relates to garments with improved support function.
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 layers of Falla and Hsu by constructing the lateral portion of the breast cup, and the outer textile panel to interleave between the outer textile layer and the inner textile layer; and in the medial portion of the breast cup, have the outer textile layer layered directly adjacent to the inner textile layer as taught by Liu, in order to lessen the need for seams and lessen the bulk around the bra cup area. The modification of the layer configuration would be a simple modification to obtain predictable results, creating a bra that is more lightweight, has less bulk in areas around the breast and is more comfortable to wear.
Falla, Hsu and Liu are silent to a pair of lateral sling segments, each lateral sling segment terminates at a midpoint of a lower transitional edge of the breast cup.
Martins Crawbuck comprises a pair of lateral sling segments (as seen in annotated Figure 1 and 2), each lateral sling segment terminates at a midpoint of a lower transitional edge of the breast cup (as seen in annotated Figure 1 and 2).
[AltContent: textbox (Each lateral sling segment terminates at a midpoint of a lower transitional edge of the breast cup.)][AltContent: arrow][AltContent: arrow][AltContent: textbox ( A pair of lateral sling segments.)]
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Martins Crawbuck is analogous art to the claimed invention in that it relates to garments with improved support function.
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 layers of Falla Hsu and Lui by constructing a pair of lateral sling segments, each lateral sling segment terminates at a midpoint of a lower transitional edge of the breast cup as taught by Martins Crawbuck, in order to lessen the need for seams and lessen the bulk around the bra cup area. The modification of the layer configuration would be a simple modification to obtain predictable results, creating a bra that is more lightweight, has less bulk in areas around the breast and is more comfortable to wear.
Regarding claim 11, the modified upper-torso support garment of the combined references discloses wherein the breast cup (31 of Hsu) further comprises a lower transitional edge (313 of Hsu) comprising a lower boundary of the breast cup (as seen in annotated Figure 1 of Hsu); the upper-torso support garment (as seen in annotated Figure 1 of Hsu) comprises a cradle (33 of Hsu) positioned below the breast cup (as seen in annotated Figure 1 of Hsu), and the cradle (33 of Hsu) comprising the outer textile layer (Abstract, paragraph 0002 of Hsu), the inner textile layer (Abstract, paragraph 0002 of Hsu), and the first textile panel (Abstract, paragraph 0002 of Hsu), which extends through a portion of the cradle (33 of Hsu), across the lower transitional edge (as seen in annotated Figure 1 of Hsu), and into the lateral portion of the breast cup (as seen in annotated Figure 1 of Hsu).
However, the combined references do not disclose wherein the lower transitional edge extends between the cradle and the breast cup.
Falla teaches wherein the lower transitional edge (as seen in annotated Figures 11 and 15B) extends between the cradle (as seen in annotated Figures 11 and 15B) and the breast cup (as seen in annotated Figures 11 and 15B).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Breast cup)][AltContent: arrow][AltContent: arrow]
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Falla is analogous art to the claimed invention in that it relates to upper torso support garments.
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 breast cup of Hsu and Liu by placing the lower transitional edge extending in between the cradle that is under the breast and the breast cup that covers the breast as specifically taught by Falla, in order to hold the breast in place and provide more support to the lateral side of the bra cup and lower portion of the breast. The modification would be a simple modification to obtain predictable results, hold the entire breast in the best position for support and comfort.
Regarding claim 12, the modified upper-torso support garment of the combined references discloses a center bridge (40 of Falla) positioned adjacent the medial portion of the breast cup (as seen in annotated Figure 1 of Falla); the center bridge (40 of Falla) comprising the inner textile layer (Abstract, paragraph 0002 of Hsu), the outer textile layer (Abstract, paragraph 0002 of Hsu), and a second textile panel retained between the outer textile layer (paragraph 0048 and 0061 of Falla) and the inner textile layer (paragraph 0048 and 0061 of Falla); and the second textile panel (paragraph 0048 and 0061 of Falla), as compared to the first textile panel (33 of Hsu), comprising one or more of a higher modulus of elasticity and a lower elongation (paragraph 0004 and 0016 of Falla).
Regarding claim 13, the modified upper-torso support garment of the combined references discloses a lower transitional edge (as seen in annotated Figure 1 of Falla) comprising a lower boundary of the breast cup (as seen in annotated Figure 1 of Falla), wherein the lower transitional edge comprises a first length (as seen in annotated Figure 1 of Falla); and an underwire (as seen in annotated Figure 1 of Falla) secured along the lower transitional edge (as seen in annotated Figure 1 of Falla), the underwire comprising second length (as seen in annotated Figure 1 of Falla), which is shorter than the first length (as seen in annotated Figure 1 of Falla).
Regarding claim 14, the modified upper-torso support garment of the combined references discloses wherein the lower transitional edge (as seen in annotated Figure 1 of Falla) is divisible into one-third length segments (as seen in annotated Figure 1 of Falla); and a lateral terminal end (as seen in annotated Figure 1 of Falla) of the underwire (as seen in annotated Figure 1 of Falla) is aligned with the lower transitional edge (as seen in annotated Figure 1 of Falla) along a middle one-third segment of the lower transitional edge (as seen in annotated Figure 1 of Falla).
Regarding claim 15, the modified upper-torso support garment of the combined references discloses the lower transitional edge (as seen in annotated Figure 1 of Falla) comprises a midpoint (as seen in annotated Figure 1 of Falla); and a lateral terminal end of the underwire is substantially aligned with the midpoint (as seen in annotated Figure 1 of Falla).
Regarding claim 16, while the modified upper-torso support garment of the combined references discloses the second length (as seen in annotated Figure 1 of Falla), the combined references does not disclose the second length is in a range of about 40% to 60% of the first length.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have constructed the underwire having a second length being in a range of about 40% to 60% of the first length, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges that would be discovered through routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, would be deemed through routine experimentation and as such is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions. See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007).
Regarding claim 17, while the modified upper-torso support garment of the combined references discloses the second length is about half of the first length (as seen in annotated Figure 1 of Falla), it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have constructed the second length of the underwire being about half of the first length the lower transitional edge of the breast cup, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges that would be discovered through routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, would be deemed through routine experimentation and as such is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions. See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007). Determining the appropriate length and positioning of the underwire around the breast cup ensures the desired support and stability is incorporated in to the bra at the locations where it is needed is most.
Regarding claim 18, the modified upper-torso support garment of the combined references discloses wherein a lateral end of the underwire (as seen in annotated Figure 1 of Falla) terminates at a position aligned with a medial edge of the first textile panel (as seen in annotated Figure 1 of Falla).
Claims 19, 20, 22, 23, 25 and 26 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hsu US 20060046614 A1 (herein after Hsu) in view of Liu US 20070298681 A1 (herein after Liu), Falla US 20020106970 A1 (herein after Falla) and Yuasa US 20160044972 A1 (herein after Yuasa).
Regarding claim 19, Hsu discloses an upper-torso support garment comprising: a first breast cup (31 of Hsu) and a second breast cup (31 of Hsu); a frame (as seen in annotated Figure 1 of Hsu) extending around a periphery of at least a portion of the first breast cup (as seen in annotated Figure 1 of Hsu) and the second breast cup (31 of Hsu), and a pair of underwires (321 of Hsu) secured along portions of a lower transitional edge (as seen in annotated Figure 1 of Hsu) of each the first breast cup (as seen in annotated Figure 1 of Hsu) and the second breast cup (as seen in annotated Figure 1 of Hsu),
However, Hsu does not specifically disclose a first cradle positioned below the first breast cup; and a second cradle positioned below the second breast cup; a central zone comprising at least the center bridge; a first lateral zone comprising at least a portion of the first cradle and at least a portion of the first breast cup; a second lateral zone comprising at least a portion of the second cradle and at least a portion of the second breast cup, wherein the central zone, as compared with a first medial zone and a second medial zone, comprises lower stretch properties.
Liu teaches a first cradle (236) positioned below the first breast cup (108); and a second cradle (238) positioned below the second breast cup (109); a central zone (as seen in annotated Figure 21) comprising at least the center bridge (237); a first lateral zone (as seen in annotated Figure 21) comprising at least a portion of the first cradle (236) and at least a portion of the first breast cup (108); a second lateral zone (as seen in annotated Figure 21) comprising at least a portion of the second cradle (238) and at least a portion of the second breast cup (109), wherein the central zone (as seen in annotated Figure 21), as compared with a first medial zone (as seen in annotated Figure 21) and a second medial zone (as seen in annotated Figure 21), comprises lower stretch properties (paragraph 0146).
[AltContent: textbox (Lateral zone)][AltContent: textbox (Medial zone)][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (Central zone)][AltContent: ][AltContent: ][AltContent: ][AltContent: arrow][AltContent: arrow][AltContent: textbox (First lateral zone.)][AltContent: textbox (Second lateral zone.)]
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Hsu and Liu are analogous art to the claimed invention in that they relate to upper torso garments with support 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 configuration of the support portion of the garment of Hsu by constructing the garment having the support portion being divided into three portions with a first cradle positioned below the first breast cup; and a second cradle positioned below the second breast cup; a central zone comprising at least the center bridge; a first lateral zone comprising at least a portion of the first cradle and at least a portion of the first breast cup; a second lateral zone comprising at least a portion of the second cradle and at least a portion of the second breast cup, wherein the central zone, as compared with a first medial zone and a second medial zone, comprises lower stretch properties as taught by Liu, in order to provide flexibility and stretch to areas around the bra cup towards the underarm and stretch resistance to the area between the breasts. The modification would be a simple modification to obtain predictable results, creating a garment that provided the best support and comfort by allowing the garment being capable of flexing during wear but also being stretch resistant in certain areas to maintain support between the breasts.
However, Hsu and Liu are silent to the frame comprising: a center bridge between the first breast cup and the second breast cup, each underwire comprising a medial terminal end positioned at or near an upper portion of the center bridge.
Falla discloses the frame comprising: a center bridge (40) positioned between the first breast cup (as seen in annotated Figure 1) and the second breast cup (as seen in annotated Figure 1), each underwire comprising a medial terminal end positioned at or near an upper portion of the center bridge (as seen in annotated Figure 1).
Falla is analogous art to the claimed invention in that it relates to support garments.
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 frame/cradle portion of Hsu and Liu by constructing the frame/cradle having a center bridge between the first breast cup and the second breast cup as taught by Falla, in order to provide better support between the breast cups and better positioning of the breasts when worn. The modification of the configuration of the frame would be a simple modification to obtain predictable results, a better fitting and better supporting garment. The center bridge of Falla is also segmented and allows the support region (the center bridge), to be constructed of a material that resists stretching, and as such, provides better support, stability and positioning of the garment during activity.
However, Hsu, Liu and Falla are silent to and a lateral terminal end positioned at a midpoint or along a middle one-third segment of the lower transitional edge.
Yuasa teaches a lateral terminal end (as seen in annotated Figure 5) positioned at a midpoint or along a middle one-third segment of the lower transitional edge (as seen in annotated Figure 5).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A lateral terminal end positioned at a midpoint or along a middle one-third segment of the lower transitional edge. )]
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Yuasa is analogous art to the claimed invention in that it relates to support garments.
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 frame/cradle portion of Hsu, Liu and Falla by constructing the frame/cradle having a center bridge between the first breast cup and the second breast cup as taught by Yuasa in order to provide better support between the breast cups and better positioning of the breasts when worn. The modification of the configuration of the frame would be a simple modification to obtain predictable results, a better fitting and better supporting garment. The positioning of the underwires lifts and supports the breasts where needed but prevents discomfort or poking of the underwires under the arms.
Regarding claim 20, the modified upper-torso support garment of the combined references discloses the first breast cup (31 of Hsu) comprises a lower transitional edge (as seen in annotated Figure 1 of Hsu) bridging the first breast cup to the frame (as seen in annotated Figure 1 of Hsu); the lower transitional edge curves as it extends from a medial endpoint (as seen in annotated Figure 1 of Hsu) near the center bridge (as seen in annotated Figure 1 of Hsu) to a lateral endpoint (as seen in annotated Figure 1 of Hsu); and the lower transitional edge (as seen in annotated Figure 1 of Hsu) comprises a midpoint (as seen in annotated Figure 1 of Hsu) between the medial endpoint (as seen in annotated Figure 1 of Hsu) and the lateral endpoint (as seen in annotated Figure 1 of Hsu).
Regarding claim 22, the modified upper-torso support garment of the combined references discloses an underwire (40 of Falla) curvedly extending along at least a portion of the lower transitional edge (as seen in annotated Figure 6 of Falla), wherein the underwire (40 of Falla) comprises a medial terminal end (as seen in annotated Figure 1 of Falla), which is positioned near the medial endpoint of the lower transitional edge (as seen in annotated Figure 1 of Falla), and a lateral terminal end (as seen in annotated Figure 1 of Falla).
Regarding claim 23, the modified upper-torso support garment of the combined references discloses the lateral terminal end (as seen in annotated Figure 1 of Falla) is aligned with a middle one-third segment of the lower transitional edge (as seen in annotated Figure 1 of Falla).
Regarding claim 25, the modified upper-torso support garment of the combined references discloses the first breast cup (31 of Hsu), the second breast cup (31 of Hsu), and the frame (33 of Hsu) comprise an outermost textile layer (10, as seen in annotated Figure 1 of Hsu), an innermost textile layer (20 of Hsu), and a first panel (311 of Hsu) and a second panel (312 of Hsu) retained between the outermost textile layer and the innermost textile layer (as seen in annotated Figure 1 of Hsu); the central zone (as seen in annotated Figure 21 of Liu) comprising the first panel (311 of Hsu); and the first lateral zone (as seen in annotated Figure 21 of Liu) comprising the second panel (312 of Hsu), which as compared with the first panel (311 of Hsu), comprises at least one of a lower modulus of elasticity (paragraph 0010 of Hsu) and a higher elongation (paragraph 0010 of Hsu).
Regarding claim 26, the modified upper-torso support garment of the combined references discloses wherein the second panel (312 of Hsu) extends from the first cradle (33 of Hsu) and into a lateral portion of the first breast cup (as seen in annotated Figure 1 of Hsu).
Claims 21 and 24 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hsu US 20060046614 A1 (herein after Hsu) in view of Liu US 20070298681 A1 (herein after Liu), Falla US 20020106970 A1 (herein after Falla) and Yuasa US 20160044972 A1 (herein after Yuasa) as applied to claims 19, 20 and 22 above, and further in view of Martins Crawbuck US 8206196 B1 (herein after Martins Crawbuck).
Regarding claim 21, the upper-torso support garment of the combined references discloses all the limitations of claim 21 except they do not disclose an interface that transitions from the central zone to the first lateral zone, wherein the interface is aligned with the midpoint.
Martins-Crawbuck teaches an interface that transitions from the central zone to the first lateral zone (as seen in annotated Figure 3), wherein the interface is aligned with the midpoint (as seen in annotated Figure 3).
[AltContent: textbox (An interface that transitions from the central zone to the first lateral zone, wherein the interface is aligned with the midpoint. )][AltContent: arrow][AltContent: arrow]
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Martins-Crawbuck is analogous art to the claimed invention in that it relates to breast support garments.
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 frame of Hsu, Liu, Falla and Yuasa by constructing an interface that transitions from the central zone to the first lateral zone, wherein the interface is aligned with the midpoint as taught by Martins-Crawbuck, in order to position the central portion with stretch resistance across the sternum and under the medial portion of the breast, and the portion having needed stretch capabilities being positioned under the lateral portion of the bra cup and towards the lateral ends of the bra strap. The modification would be a simple modification to obtain predictable results, creating a support/cradle/frame that has a strong stable support between the breasts preventing the pulling of breast cups and lateral extension and stretch capabilities under the arm.
Regarding claim 24, the modified upper-torso support garment of the combined references discloses the lateral terminal end (as seen in annotated Figure 3 of Martins-Crawbuck) is aligned with the midpoint of the lower transitional edge (as seen in annotated Figure 3 of Martins-Crawbuck).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (The lateral terminal end is aligned with the midpoint of the lower transitional edge. )]
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Argument
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 combinations of references used to teach the limitations of the amended claims in the current rejection and/or 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.
While the applicant has presented a detailed explanation of the inventive concept in his arguments, the arguments the language used to define the invention in the claims can be interpreted in many ways. The applicant has not positively claimed or provided any defining language/ structural limitations in the claims that would prevent the device of the combined references from reading on the claims as written. Applicant is reminded, it is the claims that define the claimed invention, and it is the claims, not the Specification that are anticipated or unpatentable. Constant v. Advanced Micro-Devices Inc., 7 USPQ2d 1064. The prior art is applied with the broadest reasonable interpretation, and as pointed out in the rejection above of the amended claims, the prior art references meet all the structural elements of the claims as written.
In response to the applicant’s arguments that the combination of Hsu and Liu fail to teach or suggest the presently claimed arrangement. Hsu's uniform laminated configuration would not accommodate a pair of isolated sling segments terminating at the midpoint. The limitation is taught by (as seen in annotated Figure 3 of Martins-Crawbuck) as outlined in the rejection above.
In response to the applicant’s arguments that the combined references do not the claimed pair of lateral sling segments that terminate near the midpoint of the lower transitional edge. The limitation is taught by (as seen in annotated Figure 3 of Martins-Crawbuck) as outlined in the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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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