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 .
Response to Amendment
Applicant’s amendment of 02/09/2026 is acknowledged.
Claims 1-20 are presented.
Claims 18-20 remain withdrawn.
Claims 1 and 13 are presented in independent form and are amended.
The present Office action treats claims 1-17 on the merits.
The present Office action is a final rejection.
Specification Amendments
Applicant’s AMENDMENTS TO THE SPECIFICATION of 02/09/2026 (see p. 2-6 of the reply) is acknowledged.
These specification amendments are not acceptable and not entered.
Attention is drawn to MPEP 714 which states in part and in referencing 37 CFR 1.121, emphases provided by Examiner:
Amendments to the specification...must be made by adding, deleting, or replacing a paragraph; by replacing a section; or by providing a substitute specification, in the manner specified in this section.
(1) Amendment to delete, replace, or add a paragraph. Amendments to the specification, including amendment to a section heading or the title of the invention which are considered for amendment purposes to be an amendment of a paragraph, must be made by submitting:
(i) An instruction, which unambiguously identifies the location, to delete one or more paragraphs of the specification, replace a paragraph with one or more replacement paragraphs, or add one or more paragraphs;
(ii) The full text of any replacement paragraph with markings to show all the changes relative to the previous version of the paragraph. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived;
In the specification amendments of 02/09/2026, the amendment is not entered because the instruction does not unambiguously identify the location(s) of the paragraph(s) to replace and which amended paragraph(s) to replace it/them with. It is noted there are two recitations of “Please replace paragraph [0039]” (see p. 2 lines 2-12 and p. 2 line 13 – p. 3 line 5) such that the. Moreover, the markings provided in p. 2 lines 3-12 of the reply are not consistent with para [0039] as filed in that the markings do not show all the changes to para [0039] relative to the previous version of paragraph [0039].
Drawings – Replacement Sheets
Replacement sheets of drawings were received on 02/09/2026. These drawings are acceptable for entry and are entered. It is noted the drawings are objected to.
Response to Arguments
Applicant’s REMARKS of 02/09/2026 (see p. 14-19 of the reply) are fully considered.
Regarding Drawings (p. 14-16): Applicant’s arguments are fully considered and are persuasive in part. Applicant argues that “Replacement drawings...together with amendments to the specification...address the...objections” to not including reference signs 71, 100, 211, 650, 800, 900 and including reference characters not mentioned in the description 124, 298, 1010, 1020, 1200 is fully considered. However, the amendments to the specification are not entered (see Specification Amendments above) such that only some of the argued objections are overcome by the entered drawings. It is noted entry of the replacement sheets overcomes the objections for not including reference signs 100, 211, 650 but do not overcome the objections for not including reference signs 71 and 800. It is noted entry of the replacement sheets overcomes the objections for including characters 124, 298 not mentioned in the description but does not overcome the objections for including characters 1010, 1020, 1200 not mentioned in the description. The objections which are not overcome are presented again in the present Office action; see Drawings below.
Applicant’s further arguments directed to “failing to show the following” claimed “features” (p. 15-16 of the reply) are fully considered and are persuasive in part.
Applicant’s specific argument that “the replacement drawings, together with amendments to the specification...address the above objections” is fully considered. However, the amendments to the specification are not entered (see Specification Amendments above) such that the drawings continue to fail showing the features of claims 1, 13-14 and 17 listed in the Office action of 10/07/2025 (see p. 4 lines 3-11 and p. 5 lines 3-8 thereof). Applicant’s specific argument directed to the “short rows” is fully considered and is persuasive. Specifically, Applicant’s argument that “paragraph [0054] of the specification as-filed equates the term "short row" with "partial-length knit courses," and it is respectfully submitted that the drawings, including but not limited to FIGS. 4 and 11, sufficiently show these claimed features” is persuasive, and the objection to the drawings for failing to show the features of claims 4-7 listed in the Office action of 10/07/2025 (see p. 4 lines 12-18 thereof) are withdrawn.
The drawings remain objected to, and the objections that are persistent are presented again in the present Office action; see Drawings below.
Regarding Objections to the Specification (p. 17 of the reply): Applicant’s arguments are fully considered and are not persuasive. Applicant’s argument is that “Paragraph [0059]...has been amended to address the...objection”. However, as noted above, the amendments to the specification are not entered (see Specification Amendments above). Accordingly, the objection is again presented in the present Office action.
Regarding Rejections based on 35 U.S.C. § 102 and § 103 (p. 17-19): Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 71, 800. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 1010, 1020, 1200. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
first leg seam edge of claim 1
second leg seam edge of claim 1
upper part of the first back seam edge of claim 1
upper part of the second back seam edge of claim 1
middle part of the first back seam edge of claim 1
middle part of the second back seam edge of claim 1
lower part of the first back seam edge of claim 1
lower part of the second back seam edge of claim 1
first seam that affixes together: an upper part of the first back seam edge and an upper part of the second back seam edge, a middle part of the first back seam edge and the first gusset back edge, a middle part of the second back seam edge and the second gusset back edge, a lower part of the first back seam edge and the first leg seam edge, and a lower part of the second back seam edge and the second leg seam edge of claim 1
set of front linking courses extending from the central gore of claim 13
set of front linking courses comprises at least one course that is integrally knit with the central gore of claim 14
a seam that joins the left back torso portion to the right back torso portion, the left back torso portion to the first gusset back edge, and the right back torso portion to the second gusset back edge of claim 17
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Reference character “702” has been used to designate both arrows graphically representing the inactive needles holding the last course of loops from the boundary 125 of the front torso portion 118 (together with the already active needles) knit the front boundary 311 of the crotch gusset linking courses 310 (para [0059]) and an end of yarn (para [0070]).
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Willms, EP-0811362-A1, newly cited].
Regarding claim 13:
Willms discloses (Figs. 4-6):
A lower-body garment 10 (i.e. “garment 10”; p. 5 line 50; wherein the garment is configured to receive a “leg” (p. 5 line 55) such that it is a lower-body garment) comprising:
a knit textile (the “knit...flat blank” “for the garment” (p. 5 lines 50-11); no specific numeral is provided for the knit textile itself; elements thereof identified hereinbelow) comprising a left front torso portion (see annotated Figs. 4-5 – a below), a right front torso portion (see annotated Figs. 4-5 – a below), and a crotch gusset (see annotated Figs. 4-5 – a below), the crotch gusset further comprising a central gore (see annotated Figs. 4-5 – a below), a first gusset back edge (see annotated Figs. 4-5 – a below), a second gusset back edge (see annotated Figs. 4-5 – a below), and a set of front linking courses (see annotated Figs. 4-5 – a below wherein it is noted that the “blank is slit walewise and opened to form” the “flat blank” and subsequently “folded about the transverse centreline and opposing portions of the side edges...are joined to form the side seams 20” (p. 5 lines 50-57) such that courses of the lower-body garment run in a left-right direction as presented in Figs. 4-6 and are provided where indicated in annotated Figs. 4-5 – a below) extending from the central gore (as in annotated Fig. 4-5 – a below wherein each of the set extends from a left side (as presented to the viewer in Figs. 4-5) of the central gore and a right side (as presented to the viewer in Figs. 4-5) of the central gore); wherein the set of front linking courses is integrally knit with (“integrally knit into” (p. 3 lines 13-14); “The periphery 22...at which a transition occurs in the integral knitting pattern of the garment 10”; p. 4 lines 33-34)) a first boundary (see annotated Figs. 4-5 – a below) of the left front torso portion and a second boundary (see annotated Figs. 4-5 – a below) of the right front torso portion.
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Regarding claim 14:
Wills discloses The lower-body garment of claim 13, as set forth above.
Wills further discloses wherein the set of front linking courses comprises at least one course that is integrally knit with the central gore (all three of the front linking courses identified in above annotated Figs. 4-5 – a are integrally knit with the central gore (p. 3 lines 13-14; p. 4 lines 33-34; Figs. 4 and 6).
Regarding claim 15:
Wills discloses The lower-body garment of claim 14, as set forth above.
Wills further discloses wherein the crotch gusset further comprises a first gore (see annotated Figs. 4-5 – b below) adjacent a first side (see annotated Figs. 4-5 – b below) of the central gore, and a second gore (see annotated Figs. 4-5 – b below) adjacent a second side (see annotated Figs. 4-5 – b below) of the central gore opposite the first side.
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Regarding claim 16:
Wills discloses The lower-body garment of claim 15, as set forth above.
Wills further discloses wherein the wherein the first gusset back edge runs along a bottom edge of the first gore (see annotated Figs. 4-5 – c below) and a first portion of a bottom edge of the central gore (see annotated Figs. 4-5 – c below).
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Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Saramiento, US 3,739,398, newly cited] in view of [Lehenbauer, US 5,081,716, newly cited] and [Silman, US 2,406,969, cited by Applicant on the IDS of 04/08/2025].
Regarding claim 1:
Saramiento discloses (Figs. 1-5):
A lower-body garment (the “panty-type garment” of Fig. 4 (col. 2 line 23); no specific numeral provided therefor; elements thereof identified hereinbelow) comprising:
a one-piece knit (“continuously knitted”; col. 2 lines 52-53; “one-piece...single section of...knit fabric”; claim 3 lines 1-2) textile (although no specific numeral is provided therefor in Fig. 4, the textile, prior to excision of section 24 therefrom, is given numeral 10; portions and edges of the textile of the finished garment are identified hereinbelow) comprising a front torso portion (see annotated Figs. 1-5 – a below), a first back torso portion (see annotated Figs. 1-5 – a below) with a first back seam edge (see annotated Figs. 1-5 – a below), a second back torso portion (see annotated Figs. 1-5 – a below) with a second back seam edge (see annotated Figs. 1-5 – a below), a first leg seam edge (see annotated Figs. 1-5 – a below), a second leg seam edge (see annotated Figs. 1-5 – a below),
and a first seam 20, 21 (i.e. the combined “edge seam 20” and “crotch seam 21”; col. 4 lines 24-26) that affixes together: an upper part of the first back seam edge (as in annotated Figs. 1-5 – a below) and an upper part of the second back seam edge (as in annotated Figs. 1-5 – a below), a lower part of the first back seam edge (as in annotated Figs. 1-5 – a below) and the first leg seam edge, and a lower part of the second back seam edge (as in annotated Figs. 1-5 – a below) and the second leg seam edge.
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Saramiento does not expressly disclose and a crotch gusset, wherein the crotch gusset includes a first gusset back edge and a second gusset back edge.
the first seam that affixes together: an upper part of the first back seam edge and an upper part of the second back seam edge, a middle part of the first back seam edge and the first gusset back edge, a middle part of the second back seam edge and the second gusset back edge, a lower part of the first back seam edge and the first leg seam edge, and a lower part of the second back seam edge and the second leg seam edge.
However, Lehenbauer teaches a lower-body garment 10 (i.e. “garment 10”; col. 3 line 6, which is configured to cover the “leg” and “buttock” (col. 3 lines 10-12) such that it is a lower-body garment wherein a crotch gusset 24 includes a first gusset back edge (see annotated Figs. 5-6 – a below) and a second gusset back edge (see annotated Figs. 5-6 – a below) further wherein a first seam 21, 23, 26 (i.e. the combined “vertical seam 21” by which “Rear panels 17 are joined together”, “leg inseams 23”, and “gusset seam[] 26”; col. 3 lines 13-21) affixes together: an upper part of a first back seam edge (as in annotated Figs. 5-6 – a below) and an upper part of a second back seam edge (as in annotated Figs. 5-6 – a below), a middle part of the first back seam edge (as in annotated Figs. 5-6 – a below) and the first gusset back edge, a middle part of the second back seam edge (as in annotated Figs. 5-6 – a below) and the second gusset back edge, a lower part of the first back seam edge (as in annotated Figs. 5-6 – a below) and a first leg seam edge (see annotated Figs. 5-6 – a below), and a lower part of a second back seam edge (as in annotated Figs. 5-6 – a below) and a second leg seam edge (see annotated Figs. 5-6 – a below).
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Lehenbauer further teaches “crotch panel is known as a "gusset", and typically serves to provide room to accommodate the buttocks” (col. 2 lines 13-14); the “gusset 24” is “providing crotch looseness and improving fit in this area” (col. 3 lines 64-65).
It 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 to have modified the lower-body garment of Saramiento such that it is provided with a crotch gusset, wherein the crotch gusset includes a first gusset back edge and a second gusset back edge further wherein the first seam affixes together: the upper part of the first back seam edge and the upper part of the second back seam edge, a middle part of the first back seam edge and the first gusset back edge, a middle part of the second back seam edge and the second gusset back edge, the lower part of the first back seam edge and the first leg seam edge, and the lower part of the second back seam edge and the second leg seam edge in order to provide room to accommodate the buttocks; to provide crotch looseness; and/or to improve fit in the crotch area, as suggested by Lehenbauer (col. 3 lines 64-65).
The modified Saramiento, in comprising the crotch gusset and the first seam as described above, does not meet that limitation:
the “one-piece knit textile comprising...” the “crotch gusset”.
In other words, the modified Saramiento is provided with the crotch gusset wherein the first seam affixes edges thereof to middle parts as described hereinabove; however, the gusset of the modified Saramiento is not expressly knitted and is not expressly part of the one-piece knit textile where, it is noted, Applicant describes what is meant by “one-piece knit textile” in paragraph [0028] as filed. It is noted paragraph [0028] of the present disclosure as filed states:
[0028] The term “one-piece knit textile” as used herein means a knit component formed of a unitary knit construction through a knitting process. That is, the knitting process substantially forms the various features and structures of the one-piece knit textile without the need for significant additional manufacturing steps or processes. The one-piece knit textile may include structures or elements that include one or more courses of yarn or other knit material that are joined such that the structures or elements include at least one course in common and/or share a common yarn, and/or include courses that are substantially continuous between each of the structures or elements. The term “integrally knit with” when describing different portions of the one-piece knit textile means the portions include at least one course in common and/or share a common yarn.
Accordingly, although the modified Saramiento comprises the crotch gusset wherein the first seam affixes edges thereof to middle parts as described hereinabove; the modified Saramiento does not meet the limitation the “one-piece knit textile comprising...” the “crotch gusset”.
However, Silman teaches (Figs. 1-4) a lower body garment 16 (i.e. “girdle 16”; col. 5 line 41 and configured to be provided “at the buttocks” (col. 9 line 30; Fig. 4) such that it is a lower body garment) comprising a one-piece knit textile 14 (i.e. “girdle forming blank 14”; col. 5 lines 24-25; and the “unit[] 40” that “constitutes” the “blank 14”) (col. 5 lines 73-75),is a one-piece knit textile as described in col. 6 line 33 – col. 8 line 25) wherein the one-piece knit textile 14 comprises a gusset 22 (i.e. “gusset 22”; col. 5 line 49).
It 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 to have modified the modified Saramiento such that its one-piece knit textile comprises its crotch gusset, in the same manner that the one-piece knit textile of Silman comprises the gusset of Silman, in order to yield the predictable result of a gusseted lower-body garment that continues to be capable of being formed “in two simple seaming steps, which may be performed rapidly and by workers of minimal skills”, a motivation found within Sarmiento (col. 1 lines 54-55 of Saramiento) and described in contrast to the “conventional...process” of “panels...cut and seamed together” requiring “cutting and handling of” plural “pieces of fabric” and “three seaming operations” (col. 5 lines 6-11).
Regarding claim 2:
Saramiento in view of Lehenbauer and Silman teach The lower-body garment of claim 1, as set forth above.
Saramiento further discloses limitation wherein the first seam is continuous (col. 4 lines 23-26; Fig. 4) and forms a Y-shape (Fig. 4).
Regarding claim 3:
Saramiento in view of Lehenbauer and Silman teach The lower-body garment of claim 1, as set forth above.
Saramiento further discloses wherein, other than the first seam, the front torso portion, the first back torso portion and the second back torso portion are seamless (front torso portion, first back torso portion, and second back torso portion are “continuously knitted” together (col. 2 lines 52-53), and the first seam is the only seam that joins these portions together (col. 4 lines 7-9; col. 4 lines 23-26; Fig. 4) such that other than the first seam, the front torso portion, the first back torso portion and the second back torso portion are seamless).
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Saramiento, US 3,739,398], [Lehenbauer, US 5,081,716], and [Silman, US 2,406,969] as applied to claim 3 above, and further in view of [Montgomery, US 2022/0151313, cited by Applicant on the IDS of 04/08/2025].
Regarding claim 4:
Saramiento in view of Lehenbauer and Silman teach The lower-body garment of claim 3, as set forth above.
Saramiento does not expressly disclose wherein the knit textile comprises a plurality of short rows interspersed between a plurality of full-length knit courses.
However, Montgomery teaches a lower-body garment (Abstract) comprising a knit textile (Abstract) wherein “the knit lower-body garment includes knit structures...that provide three-dimensional (3-D) shaping of the lower-body garment so that it closely conforms to a wearer's body thereby improving the aerodynamic profile of the garment, minimizing wearer distractions, and creating a consistent level of compression on the wearer's body. The 3-D shaping is achieved through the use of partial-length knit courses (commonly known as short rowing) in combination with full-length knit courses. The partial-length knit courses, where used, create extra volume of material. Thus, in example aspects, a first number of knit stitches may be used to create partial-length knit courses on the front torso portion of the lower-body garment, and a second number of knit stitches may be used to create partial-length knit courses on the back torso portion of the lower-body garment where the second number of knit stitches is greater than the first number of knit stitches. This results in an increased volume of material in the back torso portion to accommodate a wearer's curved gluteal region. By contrast, there is a smaller volume of material in the front torso portion because this area of the lower-body garment is configured to cover the lower front abdomen and the front of the upper thighs of a wearer which are typically flatter more planar areas of the human body”; para 24. Montgomery further teaches “The term “partial-length knit course” or “short row” as used herein is a term in the art that generally refers to a knit course that is turned before reaching the end of the knitting cycle (i.e., the course is not fully knitted). A “full-length knit course” refers to a knit course that is knit to the end of a knitting cycle. Partial-length knit courses introduce additional knit stitches into the knit textile beyond the knit stitches used to knit full-length knit courses. Strategically locating partial-length knit courses within areas of a knit textile adds extra volume of material to the textile and creates 3-D shaping of the knit textile. In other words, use of partial-length knit courses may introduce changes in dimension in the positive or negative z-direction to an otherwise planar knit textile”; para 31.
It 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 to have modified the modified Saramiento such that the knit textile comprises a plurality of short rows interspersed between a plurality of full-length knit courses in order to create extra volume of material at the location of the partial-length knit courses interspersed between the full-length knit courses in order to provide the knit textile such that it is configured to closely conform to a wearer's body thereby improving the aerodynamic profile of the garment; to minimize wearer distractions; and/or to creating a consistent level of compression on the wearer's body, as taught by Montgomery (para 24).
Regarding claim 5:
Saramiento in view of Lehenbauer, Silman, and Montgomery teach The lower-body garment of claim 4, as set forth above.
As applied to claim 4, the modified Saramiento does not meet the limitation wherein the plurality of short rows comprises a first short row having a first length and a second short row having a second length, and wherein the first length is longer than the second length.
However and in further view of Montgomery:
Montgomery teaches and in reference to Fig. 8: “The second front torso portion 126 further includes the partial-length knit courses 162 that partially extend between the upper edge 142 and the lower edge 144 of the second front torso portion 126...The second back torso portion 140 includes the partial-length knit courses 164 that partially extend between the upper edge 142 and the lower edge 144 of the second back torso portion 140...the partial-length knit courses 164 extend a greater distance from the lower edge 144 in a direction toward the upper edge 142 as compared to the partial-length knit courses 162. As such, a number of knit stitches forming a partial-length knit course 164 differs from a number of knit stitches forming a partial-length knit course 162” (para 63) such that Montgomery teaches a first short row 164 having a first length (between lower edge 144 toward upper edge 142; Fig. 8) and a second short row 162 having a second length (between lower edge 144 toward upper edge 142; Fig. 8), and wherein the first length is longer than the second length (as evidenced in Fig. 8).
Montgomery further teaches the knit textile is configured “to accommodate the increased volume of a wearer's gluteal region” (para 63).
It 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 to have modified the modified Saramiento such that the plurality of short rows comprises a first short row having a first length and a second short row having a second length, and wherein the first length is longer than the second length in order to permit the garment to accommodate increased volume of a wearer’s body at the location of the first short row, as suggested by Montgomery (para 63).
Regarding claim 6:
Saramiento in view of Lehenbauer, Silman, and Montgomery teach The lower-body garment of claim 5, as set forth above.
The modified Saramiento further meets the limitation wherein the first short row and the second short row are knit next to each other.
(insofar as the knit textile comprises the first short row and the second short row, the first short row and the second short row are knit next to each other in that they are each part of the knit textile, and a given row of the knit textile is next to any other given row of the knit textile insofar as they are part of the same knit textile and therefore next and adjacent to each other; it is noted the term “next to” is used in the specification at only paras [0092-0093] which recite in their entirety “[0092]Clause 6. The lower-body garment according to clause 5, wherein the first short row and the second short row are knit next to each other. [0093]Clause 7. The lower-body garment according to clause 6, further comprising a third short row knit next to the second short row and having a third length that is shorter than the second length”; it is noted the term “next to” means “adjacent to; at or on one side of” and “adjacent to” (next. (n.d.) Collins English Dictionary – Complete and Unabridged, 12th Edition 2014. (1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014). Retrieved October 2 2025 from https://www.thefreedictionary.com/next and next. (n.d.) Random House Kernerman Webster’s College Dictionary. (2010). Retrieved October 2 2025 from https://www.thefreedictionary.com/next)).
Regarding claim 7:
Saramiento in view of Lehenbauer, Silman, and Montgomery teach The lower-body garment of claim 6, as set forth above.
As applied to claim 6, the modified Saramiento does not meet the limitation further comprising a third short row knit next to the second short row and having a third length that is shorter than the second length.
However and in further view of Montgomery:
Montgomery teaches and in reference to Fig. 8: “The second front torso portion 126 further includes the partial-length knit courses 162 that partially extend between the upper edge 142 and the lower edge 144 of the second front torso portion 126...The second back torso portion 140 includes the partial-length knit courses 164 that partially extend between the upper edge 142 and the lower edge 144 of the second back torso portion 140...the partial-length knit courses 164 extend a greater distance from the lower edge 144 in a direction toward the upper edge 142 as compared to the partial-length knit courses 162. As such, a number of knit stitches forming a partial-length knit course 164 differs from a number of knit stitches forming a partial-length knit course 162” (para 63) such that Montgomery teaches a first short row (one of 164) having a first length (between lower edge 144 toward upper edge 142; Fig. 8) and a second short row (one of 162) having a second length (between lower edge 144 toward upper edge 142; Fig. 8), and wherein the first length is longer than the second length (as evidenced in Fig. 8). While not expressly to scale, Montgomery appears to show a third short row (of 162; see annotated Fig. 8 – a below) knit next to the second short row and having a third length that appears to be shorter than the second length (as in annotated Fig. 8 – a below wherein second short row appears to extend a further distance from 144 toward 142). In addition, Fig. 1 appears to show some of short rows 164 being longer than other of short rows 164; and appears to show some of short rows 156 as being longer than other of short rows 156; and appears to show some of short rows 162 as being longer than other of short rows 162; appears to show some of short rows 158 as being longer than other of short rows 158.
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Montgomery further teaches the knit textile is configured “to accommodate the increased volume of a wearer's gluteal region” (para 63).
It 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 to have modified the modified Saramiento such that it is further comprising a third short row knit next to the second short row and having a third length that is shorter than the second length in order to permit the garment to accommodate increased volume of a wearer’s body at the location of the first short row relative to the location of the second and third rows and further to accommodate increased volume of a wearer’s body at the location of the second row relative to the third row, as suggested by Montgomery (para 63).
Claim(s) 8-9 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Saramiento, US 3,739,398], [Lehenbauer, US 5,081,716], and [Silman, US 2,406,969] as applied to claim 1 above, and further in view of [Burrow, US 2009/0133446, previously cited].
Regarding claim 8:
Saramiento in view of Lehenbauer and Silman teach The lower-body garment of claim 1, as set forth above.
Sarameinto does not expressly disclose wherein the knit textile is a double jersey knit comprising a front layer and a back layer.
However, Burrow teaches a knit textile wherein the knit textile is a double jersey knit comprising a front layer and a back layer; wherein the first layer comprises a first yarn and the second layer comprises a second yarn; wherein the first yarn is interknitted (via being interlinked by linking thread) with the back layer and the second yarn is interknitted (via being interlinked by linking thread) with the front layer in the same location (i.e. the location interlinked by liking thread) on the garment: (“fabric[]...by a knitting process, with a double-jersey knitting process being used to produce...two layers simultaneously, the layers being interlinked by a linking thread so as to be in intimate contact”; para 16) further wherein the front layer and back layer are configured such that “fabric comprises a two-layer structure, preferably one side of which 1 is formed almost entirely of fibres of an inherently hydrophobic plastics material such as polyester and the other side of which 2 is formed of a mixture of lyocell fibres and fibres of an inherently hydrophobic plastics material”; para 30.
Burrow further teaches “Such a fabric produces garments which are comfortable to wear and have a high moisture wicking characteristic”; para 31.
It 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 to have modified the knit textile of the modified Saramiento such that it is a double jersey knit comprising a front layer and a back layer wherein the first layer comprises a first yarn and the second layer comprises a second yarn; wherein the first yarn is interknitted with the back layer and the second yarn is interknitted with the front layer in the same location on the lower-body garment in order to render the garment comfortable to wear and/or to provide a high moisture-wicking characteristic to the garment, as taught by Burrow (para 31).
Regarding claim 9:
Saramiento in view of Lehenbauer, Silman, and Burrow teach The lower body garment of claim 8, as set forth above.
The modified Saramiento further meets the limitation wherein the first layer comprises a first yarn and the second layer comprises a second yarn (refer to above treatment of claim 8 where the limitation is addressed).
Regarding claim 11:
Saramiento in view of Lehenbauer, Silman, and Burrow teach The lower body garment of claim 8, as set forth above.
The modified Saramiento further meets the limitation wherein the first yarn is interknitted with the back layer and the second yarn is interknitted with the front layer (refer to above treatment of claim 8 where the limitation is addressed).
Regarding claim 12:
Saramiento in view of Lehenbauer, Silman, and Burrow teach The lower body garment of claim 11, as set forth above.
The modified Saramiento further meets the limitation wherein the first yarn is interknitted with the back layer and the second yarn is interknitted with the front layer in the same location on the lower-body garment (refer to above treatment of claim 8 where the limitation is addressed).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Saramiento, US 3,739,398], [Lehenbauer, US 5,081,716], [Silman, US 2,406,969], and [Burrow, US 2009/0133446] as applied to claim 9 above and further in view of [Kawakami, US 2017/0342612, previously cited]
Regarding claim 10:
Saramiento in view of Lehenbauer, Silman, and Burrow teach The lower body garment of claim 9, as set forth above.
The modified Saramiento does not meet the limitation wherein the first yarn and the second yarn are different colors.
However, Kawakami teaches a garment (“sock”; para 41) configured to cover a portion of a wearer’s lower body (“foot”; para 6) comprising a first yarn (“the knitting yarn used for the base knitted fabric portion”; para 12) and a second yarn (the “knitting yarn” of “the additional knitted fabric portion” that is “laid on the outer side of the base knitted fabric portion”; para 12) wherein the first yarn and the second yarn are different colors: “it is possible to vary the design of the footwear by...knitting the additional knitted fabric portion with knitting yarn of a different color from that of the knitting yarn used for the base knitted fabric portion”; para 12.
It 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 to have modified the modified Saramiento such that the first yarn and the second yarn are different colors in order to provide a multicolored design to the garment, as suggested by Kawakami (para 12).
Claim(s) 13-14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Saramiento, US 3,739,398, newly cited] in view of [Lehenbauer, US 5,081,716, newly cited] and [Silman, US 2,406,969, cited by Applicant on the IDS of 04/08/2025].
Regarding claim 13:
Saramiento discloses (Figs. 1-5):
A lower-body garment (the “panty-type garment” of Fig. 4 (col. 2 line 23); no specific numeral provided therefor; elements thereof identified hereinbelow) comprising:
a knit textile (“continuously knitted”; col. 2 lines 52-53; “one-piece...single section of...knit fabric”; claim 3 lines 1-2; no specific numeral is provided for the knit textile; the knit textile, prior to excision of section 24 therefrom, is given numeral 10; portions and edges of the textile of the finished garment are identified hereinbelow) comprising a left front torso portion (see annotated Figs. 1-5 – a presented in above treatment of claim 1 wherein it is noted the annotated figure has two lead lines identifying a “front torso portion”; one of these two lead lines indicates the left front torso portion and the other of these two lead lines indicates the right front torso portion), a right front torso portion (see annotated Figs. 1-5 – a presented in above treatment of claim 1 wherein it is noted the annotated figure has two lead lines identifying a “front torso portion”; one of these two lead lines indicates the left front torso portion and the other of these two lead lines indicates the right front torso portion).
Saramiento does not expressly disclose and a crotch gusset, the crotch gusset further comprising a central gore, a first gusset back edge, a second gusset back edge.
However, Lehenbauer teaches a lower-body garment 10 (i.e. “garment 10”; col. 3 line 6, which is configured to cover the “leg” and “buttock” (col. 3 lines 10-12) such that it is a lower-body garment wherein a crotch gusset 24 includes a first gusset back edge (see annotated Figs. 5-6 – a presented in above treatment of claim 1) and a second gusset back edge (see annotated Figs. 5-6 – a presented in above treatment of claim 1), the crotch gusset 24 further comprising a central gore 24.
Lehenbauer further teaches “crotch panel is known as a "gusset", and typically serves to provide room to accommodate the buttocks” (col. 2 lines 13-14); the “gusset 24” is “providing crotch looseness and improving fit in this area” (col. 3 lines 64-65).
It 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 to have modified the lower-body garment of Saramiento such that it is provided with a crotch gusset, wherein the crotch gusset includes a first gusset back edge and a second gusset back edge, the crotch gusset further comprising a central gore in order to provide room to accommodate the buttocks; to provide crotch looseness; and/or to improve fit in the crotch area, as suggested by Lehenbauer (col. 3 lines 64-65).
Saramiento does not expressly disclose and a set of front linking courses extending from the central gore; wherein the set of front linking courses is integrally knit with a first boundary of the left front torso portion and a second boundary of the right front torso portion.
However, Silman teaches (Figs. 1-4) a lower body garment 16 (i.e. “girdle 16”; col. 5 line 41 and configured to be provided “at the buttocks” (col. 9 line 30; Fig. 4) such that it is a lower body garment) comprising a piece knit textile 14 (i.e. “girdle forming blank 14”; col. 5 lines 24-25; and the “unit[] 40” that “constitutes” the “blank 14”) (col. 5 lines 73-75)) wherein the knit textile 14 comprises a gusset 22 (i.e. “gusset 22”; col. 5 line 49) comprising a gore (see annotated Fig. 2 – a detail below) wherein a set of linking courses (the set consisting of a first linking course at boundary 46 and a second linking course at boundary 66) is extending from (as in annotated Fig. 2 – a detail below) the gore; wherein the set of front linking courses is integrally knit with a first boundary 46 of a first directly adjacent portion 34 (col. 7 lines 5-11) and a second boundary 66 of a second directly adjacent portion 32 (col. 7 lines 33-40), wherein both linking courses of the set of linking courses are integrally knit with the gore (col. 7 lines 5-11; col. 7 lines 33-40).
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Silman further teaches the provision of said set of linking courses is so as “to thereby provide an integrally knit fabric” (col. 7 lines 11-12).
It 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 to have modified the modified Saramiento such that it is provided with a set of front linking courses extending from the central gore; wherein the set of front linking courses is integrally knit with a first boundary of the left front torso portion and a second boundary of the right front torso portion, further wherein each of the set of front liking courses is integrally knit with the central gore, in order to yield the predictable result of a gusseted lower-body garment that continues to be capable of being formed “in two simple seaming steps, which may be performed rapidly and by workers of minimal skills”, a motivation found within Sarmiento (col. 1 lines 54-55 of Saramiento) and described in contrast to the “conventional...process” of “panels...cut and seamed together” requiring “cutting and handling of” plural “pieces of fabric” and “three seaming operations” (col. 5 lines 6-11).
Regarding claim 14:
Saramiento in view of Lehenbauer and Silman teach The lower-body garment of claim 13, as set forth above.
The modified Saramiento further meets the limitation wherein the set of front linking courses comprises at least one course that is integrally knit with the central gore (see above treatment of claim 13 wherein, as modified, the modified Saramiento comprises each of the set of front liking courses is integrally knit with the central gore.
Regarding claim 17:
Saramiento in view of Lehenbauer and Silman teach The lower-body garment of claim 13, as set forth above.
Saramiento further discloses a left back torso portion (see annotated Figs. 1-5 – a presented in above addressing of claim 1) integrally knit with the left front torso portion, a right back torso portion (see annotated Figs. 1-5 – a presented in above addressing of claim 1) integrally knit with the right front torso portion, and a seam 20, 21 (i.e. the combined “edge seam 20” and “crotch seam 21”; col. 4 lines 24-26) that joins the left back torso portion to the right back torso portion (as in annotated Figs. 1-5 – a presented in above addressing of claim 1).
As applied to claim 13 above, the limitation the seam 20, 21 joins the left back torso portion to the first gusset back edge and the right back torso portion to the second gusset back edge is not addressed.
However and in further view of Lehenbauer:
In Lehenbauer, crotch gusset 24 includes a first gusset back edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1) and a second gusset back edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1) further wherein a first seam 21, 23, 26 (i.e. the combined “vertical seam 21” by which “Rear panels 17 are joined together”, “leg inseams 23”, and “gusset seam[] 26”; col. 3 lines 13-21) affixes together: an upper part of a first back seam edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1) and an upper part of a second back seam edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1), a middle part of the first back seam edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1) and the first gusset back edge, a middle part of the second back seam edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1) and the second gusset back edge, a lower part of the first back seam edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1) and a first leg seam edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1), and a lower part of a second back seam edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1) and a second leg seam edge (see annotated Figs. 5-6 – a presented in above addressing of claim 1).
It 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 to have modified the modified Saramiento such that its seam joins the left back torso portion to the first gusset back edge and the right back torso portion to the second gusset back edge in order to yield the predictable result of a garment whose gusset and back torso portions are durably secured to one another by the seam joining the left back torso portion to the first gusset back edge and the right back torso portion to the second gusset back edge.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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