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 01/22/2026 is acknowledged.
Claims 1-3, 5-10, 15-16, and 21-29 are presented.
Claims 1, 21, and 29 are presented in independent form.
Independent claim 1 is amended.
Independent claims 21 and 29 are newly presented.
Dependent claims 5 and 15 are amended.
The present Office action treats claims 1-3, 5-10, 15-16, and 21-29 on the merits.
Claim Objections
Claims 2 and 21, and 29 is objected to because of the following informalities:
Claim 2 line 9: “corresponding to a rear size” should be --corresponding to a rear side--
Claim 21 line 20: “including anchoring portions” should be --including an anchoring portion-- in order to agree with the way the feature is claimed in claim 26; i.e. one of the “first compression zones...including an anchoring portion” of claim 26.
Claim 21 line 21: “respective hip areas” should be --a respective hip area-- in order to agree with the way the feature is claimed in claim 26; i.e. one of the “first compression zones...including an anchoring portion sized and shaped to at least partially cover a right hip area” of claim 26
Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-10, 15-16, and 21-29 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites new matter in reciting in lines 61-62 “the first compression zone is joined to the second compression zone by a first seamless transition” wherein the first and second compression zones are as claimed in lines 8-11 and lines 9-13, respectively, of the amendment—each having an amount of compression “throughout the entire” respective compression zone. Original claim 1 recites “the first compression zone is directly or indirectly joined to the second compression zone by a first seamless transition” wherein the first and second zones are claimed more broadly than in the amendment; i.e. in original claim 1, the first and second zones do not have respective amounts of compression that are “throughout the entire” respective compression zone. The disclosure as filed does not support, in combination: a first compression zone as claimed in the amendment (i.e. “shaped to cover a first area corresponding to at least a portion of a wearer's waist or torso, wherein the first compression zone extends from the front side to the rear side of the pair of tights, and wherein the first compression zone has a first amount of compression throughout the entire first compression zone”) in combination with a second compression zone as claimed in the amendment (i.e. “on the front side below the first compression zone, wherein the second compression zone is sized and shaped to cover at least a portion of a second area corresponding to a wearer's front torso below the waist, and wherein the second compression zone has a second amount of compression throughout the entire second compression zone”) wherein the first compression zone is joined to the second compression zone by a first seamless transition. In like manner, original claims 13 and 19 do recite plural seamless transitions but they are not described as joining first and second compression zones as claimed in the amendment—i.e. sized and shaped as claimed in the amendment and also having amounts of compression throughout an entire respective zone as claimed.
Looking to the specification and drawings: the disclosure supports two seamless transitions 315, 325 (see paras 30 and 35 in relation to Figs. 1-5); however, “a first compression zone sized and shaped to cover a first area corresponding to at least a portion of a wearer’s waist or torso, wherein the first compression zone extends from the front side to the rear side of the pair of tights, and wherein the first compression zone has a first amount of compression throughout the entire first compression zone” is not joined to “a second compression zone on the front side below the first compression zone, wherein the second compression zone is sized and shaped to cover at least a portion of a second area corresponding to a wearer's front torso below the waist, and wherein the second compression zone has a second amount of compression throughout the entire second compression zone” by either of the two seamless transitions 315, 325 as described in the specification or shown in the drawings.
Claim 1 recites additional new matter in reciting in lines 62-63 “the second compression zone is joined to the third compression zone by a second seamless transition” wherein the second and third compression zones are as claimed in lines 9-13 and lines 12-16, respectively, of the amendment.
Original claim 1 recites “the second compression zone is directly or indirectly joined to the third compression zone by a second seamless transition” wherein the second and third zones are claimed more broadly than in the amendment; i.e. in original claim 1, the second and third zones do not have respective amounts of compression that are “throughout the entire” respective compression zone. The disclosure as filed does not support, in combination: a second compression zone as claimed in the amendment (i.e. “on the front side below the first compression zone, wherein the second compression zone is sized and shaped to cover at least a portion of a second area corresponding to a wearer's front torso below the waist, and wherein the second compression zone has a second amount of compression throughout the entire second compression zone”) in combination with a third compression zone as claimed in the amendment (i.e. “adjacent to the second compression zone, wherein the third compression zone is sized and shaped to cover at least a portion of a third area corresponding to at least a front side of a wearer's right and left hips below a waist, and wherein the third compression zone has a third amount of compression throughout the entire third compression zone”) wherein the second compression zone is joined to the third compression zone by second seamless transition. In like manner, original claims 13 and 19 do recite plural seamless transitions but they are not described as joining first and second compression zones as claimed in the amendment—i.e. sized and shaped as claimed in the amendment and also having amounts of compression throughout an entire respective zone as claimed.
Looking to the specification and drawings: the disclosure supports two seamless transitions 315, 325 (see paras 30 and 35 in relation to Figs. 1-5); however, “a second compression zone on the front side below the first compression zone, wherein the second compression zone is sized and shaped to cover at least a portion of a second area corresponding to a wearer's front torso below the waist, and wherein the second compression zone has a second amount of compression throughout the entire second compression zone” is not joined to “a third compression zone adjacent to the second compression zone, wherein the third compression zone is sized and shaped to cover at least a portion of a third area corresponding to at least a front side of a wearer's right and left hips below a waist, and wherein the third compression zone has a third amount of compression throughout the entire third compression zone” by either of the two seamless transitions 315, 325 as described in the specification or shown in the drawings.
Claims 2-3, 5-10, and 15-16 are rejected if only because they depend from a rejected claim.
Claim 21 lines 10-13 recites “such that a fabric weight difference between the at least one first compression zone and at least one second compression zone of the plurality of seamlessly knitted compression zones ranges from about 100 to about 220 grams per square meter (GSM)”, which is new matter. The specification as filed states “a difference in fabric weight between the first compression zone 310 and the second compression zone 320 may be between 100 and 220 grams per square meter (GSM)” (para 31) such that the claimed “about 100” and the claimed “about 220” are new matter. In other words, the claim term “about 100” includes values that are close to – and less than 100; but the specification does not support any value below 100 and therefore does not support “about 100”. In like manner, the claim term “about 220” includes values that are close to – and in excess of 220; but the specification does not support any value greater than 220 and therefore does not support “about 220”.
Moreover, claim 21 recites additional new matter in reciting “at least one” second compression zone having “a second amount of compression throughout the entire second compression zone” of a singular “warp knitted panel” of “each of the left and right leg” wherein “a fabric weight difference between the at least one first compression zone and at least one second compression zone of the plurality of seamlessly knitted compression zones ranges from about 100 to about 220 grams per square meter (GSM)”. As stated in the specification, a “left knitted panel 500” is “shown in FIG. 5” (para 27); however, knitted panel 500 has only one—and not “at least one” as claimed—“second compression zone 320” wherein “a difference in fabric weight between the first compression zone 310 and the second compression zone 320 may be between 100 and 220 grams per square meter” (paras 30-31; Fig. 5; emphases provided by Examiner) such that recitation of “at least one” second compression zone as claimed in claim 21 is new matter.
Moreover, claim 21 recites additional new matter in reciting in lines 26-27 “a first seamless transition joining the at least one second compression zone to the at least one first compression zone” wherein the at least one first and second compression zones are as claimed in lines 5-25 of the claim—each having an amount of compression “throughout the entire” respective compression zone. Although original claims 1, 13, and 19 recite plural seamless transitions, they are not described as joining first and second compression zones as claimed in the claim—i.e. sized and shaped as claimed in the amendment and also having amounts of compression throughout an entire respective zone as claimed.
Looking to the specification and drawings: the disclosure supports two seamless transitions 315, 325 (see paras 30 and 35 in relation to Figs. 1-5); however neither of the two seamless transitions 315, 325 as described in the specification or shown in the drawings joins the at least one second compression zone as claimed (i.e. having “a second amount of compression throughout the entire second compression zone and a second fabric weight, wherein the at least one second compression zone is located in an area sized and shaped to cover at least a portion of a knee of a wearer”) to the at least one first compression zone (i.e. having “a first amount of compression throughout the entire first compression zone...; and wherein the at least one first compression zone is located in one or more of: an area sized and shaped to cover at least a portion of a calf of a wearer; an area sized and shaped to cover at least a portion of an under buttock area of a wearer; or an area sized and shaped to cover at least a portion of an upper waist area of the wearer and including anchoring portions sized and shaped to at least partially cover respective hip areas of a wearer”) as claimed.
Moreover, claim 21 recites additional new matter in reciting in lines 36-37 “a second seamless transition joining the at least one second compression zone to the at least one third compression zone” wherein the at least one second and third compression zones are as claimed in lines 22-25 and 30-35 of the claim—each having an amount of compression “throughout the entire” respective compression zone. Although original claims 1, 13, and 19 recite plural seamless transitions, they are not described as joining second and third compression zones as claimed in the claim—i.e. sized and shaped as claimed in the amendment and also having amounts of compression throughout an entire respective zone as claimed.
Looking to the specification and drawings: the disclosure supports two seamless transitions 315, 325 (see paras 30 and 35 in relation to Figs. 1-5); however neither of the two seamless transitions 315, 325 as described in the specification or shown in the drawings joins the at least one second compression zone as claimed (i.e. having “a second amount of compression throughout the entire second compression zone and a second fabric weight, wherein the at least one second compression zone is located in an area sized and shaped to cover at least a portion of a knee of a wearer”) to the at least one third compression zone (i.e. having “a third amount of compression throughout the entire third compression zone and a third fabric weight; wherein the at least one third compression zone is located in an area sized and shaped to cover one or more of: an area sized and shaped to cover at least a portion of a pelvic area of a wearer; or an area sized and shaped to at least partially surround a knee of a wearer”) as claimed.
Claims 22-28 are rejected if only because they depend from a rejected claim.
Claim 29 lines 11-14 recites “such that a fabric weight difference between the at least one first compression zone and at least one second compression zone of the plurality of seamlessly knitted compression zones ranges from about 100 to about 220 grams per square meter (GSM)”, which is new matter. The specification as filed states “a difference in fabric weight between the first compression zone 310 and the second compression zone 320 may be between 100 and 220 grams per square meter (GSM)” (para 31) such that the claimed “about 100” and the claimed “about 220” are new matter. In other words, the claim term “about 100” includes values that are close to – and less than 100; but the specification does not support any value below 100 and therefore does not support “about 100”. In like manner, the claim term “about 220” includes values that are close to – and in excess of 220; but the specification does not support any value greater than 220 and therefore does not support “about 220”.
Moreover, claim 21 recites additional new matter in reciting “at least one” second compression zone having a “second amount of compression extends throughout the entire second compression zone” of a singular “warp knitted panel” of “each of the left and right leg” wherein “a fabric weight difference between the at least one first compression zone and at least one second compression zone of the plurality of seamlessly knitted compression zones ranges from about 100 to about 220 grams per square meter (GSM)”. As stated in the specification, a “left knitted panel 500” is “shown in FIG. 5” (para 27); however, knitted panel 500 has only one—and not “at least one” as claimed—“second compression zone 320” wherein “a difference in fabric weight between the first compression zone 310 and the second compression zone 320 may be between 100 and 220 grams per square meter” (paras 30-31; Fig. 5; emphases provided by Examiner) such that recitation of “at least one” second compression zone as claimed in claim 29 is new matter.
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) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A, newly cited] in view of [Kehler, US 2016/0338424, provided on Applicant’s IDS of 12/05/2024] and [Mahar, US 9,730,476, provided on Applicant’s IDS of 12/05/2024].
Regarding claim 29:
Ishida discloses (Figs. 8-9):
a warp knitted (“warp knitted”; para 1) panel A (i.e. “A...knitted...fabric”; para 64), wherein the warp knitted panel includes a plurality of seamlessly knitted compression zones 21a, 21b, 21c (i.e. “portion 21a having the strongest stretching force”, “portion 21b” “next...strongest stretching force”, and “portion...21c having the weaker stretching force”; para 43) comprising:
at least one first compression zone 21a having a first knit stitch construction (that of the “ground knitting 10” (Abstract) within the first compression zone), a first amount of compression (the “strongest stretching force”; para 43) and a first fabric weight (the basis weight of the combined yarns of the ground knitting and the “additional elastic yarn Y” (para 43) within the first compression zone), wherein the first amount of compression extends throughout the entire first compression zone (para 43);
wherein the at least one first compression zone 21a includes a first elastane (“elastic...polyurethane”; para 49) jacquard (introduced via one or more of the “P1, P2, P3, P4” (para 43) whereby “yarn is individually guided thereby” (para 28) during the knitting process so as to add the construction to the zone such that the construction is a jacquard construction as claimed) construction (the “additional elastic yarn Y” (para 43) within the first compression zone) added to the first knit stitch construction (the “additional elastic yarn Y” are added to the knit stitch construction of the ground knitting 10 as generally described in para 28 in relation to Fig. 2), and the first elastane jacquard construction changes a density, a fabric weight, or a combination thereof of the at least one first compression zone (the presence of the elastane jacquard is such that both the density and basis weight are higher within the first compression zone than the first compression zone would be without the elastane jacquard construction),
the at least one second compression zone 21c having a second knit stitch construction (that of the “ground knit 10” (Abstract) within the second compression zone), a second amount of compression (“weaker stretching force”; para 43) and a second fabric weight (the basis weight of the second compression zone), wherein the second amount of compression extends throughout the entire second compression zone (para 43);
a first seamless transition joining the at least one second compression zone to the at least one first compression zone (Figs. 8-9, wherein it is noted the warp knitted panel includes a plurality of seamlessly knitted compression zones connected to each other seamlessly such that any transition joining zones – including the transition joining 21a to 21c—is a seamless transition);
at least one third compression zone 21b having a third knit stitch construction (that of the “ground knit 10” (Abstract) within the third compression zone), a third amount of compression (“next...strongest”; para 43) and a third fabric weight (the basis weight of the second compression zone), wherein the third amount of compression extends throughout the entire third compression zone (para 43); and
a second seamless transition joining the at least one second compression zone to the at least one third compression zone (Figs. 8-9, wherein it is noted the warp knitted panel includes a plurality of seamlessly knitted compression zones connected to each other seamlessly such that any transition joining zones – including the transition joining 21a to 21c—is a seamless transition);
wherein the third amount of compression (i.e. “next...strongest”) is greater than the second amount of compression (i.e. the “weaker stretching force”) and is less than the first amount of compression (i.e. the “strongest stretching force”).
Ishida Figs. 8-9 does not expressly disclose A garment, comprising a pair of tights, the pair of tights having a front side and a rear side, a waistband, and left and right legs, wherein each of the left and right leg include a warp knitted panel shaped and sized to cover a portion of a wearer's legs.
In further view of Ishida: Ishida does teach a warp knitted panel is appropriate for “foundations such as shorts, girdles,...lingerie..., other underwear for women, sportswear such as body suits, swimwear..., and various other clothing such as outerwear, etc.” (para 2).
Moreover, Ishida as embodied in Figs. 14a-14b shows “the girdle” created “with the knitted...fabric A” (para 48) wherein the article of Fig. 14b is a pair of tights having left and right legs in that it is configured to tightly fit a lower portion of a wearer’s body (“hip”, “waist[]”; para 48) as well as two of her legs (Fig. 14b).
However, Ishida is silent as to front and rear sides of a pair of tights; a waistband; and whether or not each leg includes a discrete warp knitted panel shaped and sized to cover a portion of the wearer’s legs as claimed.
However, Kehler teaches (Figs. 1-2 and 3A) a garment 100 (i.e. “tight 100”; para 25) comprising a pair of tights 100 (Figs. 1-2, wherein it is noted the garment is a tight and is configured to cover both legs such that it is a pair of tights consistent with how Applicant uses the term in relation to Figs. 3-4 of the disclosure as filed i.e. “FIGS. 3 and 4 illustrate a garment 100 (e.g., a pair of tights)” of the specification as filed); the pair of tights having a front side (Fig. 1) and a rear side (Fig. 2), a waistband 105 (i.e. “waistband 105”; para 25), and left and right legs (Figs. 1 and 2), wherein each of the left and right leg include a warp knitted (“cut from a panel of fabric knitted using...a...warp knitting process”; para 53) panel 300 (i.e. the “pattern piece 300...for a left leg portion and...pattern piece for a right leg portion”; para 53) shaped and sized to cover a portion of a wearer's legs (para 53; Figs. 1-2 and 3A).
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 warp knitted panel of Ishida such that it is shaped and sized to cover a portion of a wearer's legs and is combined with yet another warp knitted panel of Ishida shaped and sized to cover a portion of a wearer’s legs and a waistband such that the combined warp knitted panels and waistband define a garment, comprising a pair of tights, the pair of tights having a front side and a rear side, a waistband, and left and right legs, wherein each of the left and right leg include a warp knitted panel shaped and sized to cover a portion of a wearer's legs, as in Kehler, in order to yield the predictable result of a garment whose waistband is configured to cover the waist of a wearer and whose warp knitted panels are configured to cover respective legs of the wearer. One of ordinary skill would have been motivated to adopt the modification insofar as Ishida is directed to “various clothes such as foundations such as shorts, girdles,...lingerie..., other women’s underwear, sportswear such as body suits, swimwear..., and other outerwear” and would have been confronted with one or more decision(s) regarding how to incorporate the warp knitted panel into an article of clothing.
Ishida does not expressly disclose such that a fabric weight difference between the at least one first compression zone and at least one second compression zone of the plurality of seamlessly knitted compression zones ranges from about 100 to about 220 grams per square meter (GSM).
However, Mahar teaches a seamless engineered lower-body garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4-5) as 280 GSM (one zone as low as 120 gsm and another as high as 400 gsm i.e. “light compression...120...gsm...medium compression...400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range.
Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered a result effective variable such that one of ordinary skill could have arrived at the claimed weight difference through routine experimentation in order to provide the desired amount of compression. The claimed weight difference is merely an optimum or workable difference and the difference in basis weight is expected to affect the relative degree of compression afforded by one zone relative to the other.
Therefore, 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 Ishida such that a fabric weight difference between the at least one first compression zone and at least one second compression zone of the plurality of seamlessly knitted compression zones ranges from about 100 to about 220 grams per square meter (GSM) in order to yield a garment whose affords a greater relative degree of compression within its first compression zone relative to the lesser compression of its second compression zone wherein said greater relative degree of compression afforded thereby is preferable to at least some user(s) thereof.
Claim(s) 21-25 and 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A, newly cited] in view of [Kehler, US 2016/0338424, provided on Applicant’s IDS of 12/05/2024 and hereinafter referred to as Kehler ‘424], [Mahar, US 9,730,476, provided on Applicant’s IDS of 12/05/2024], [Nishiyama, JP-3023354-B, newly cited], and [Kehler, US 2016/0338417, newly cited and hereinafter referred to as Kehler ‘417].
Regarding claim 21:
Ishida discloses (Figs. 8-9):
a warp knitted (“warp knitted”; para 1) panel A (i.e. “A...knitted...fabric”; para 64), wherein the warp knitted panel includes a plurality of seamlessly knitted compression zones 21a, 21b, 21c (i.e. “portion 21a having the strongest stretching force”, “portion 21b” “next...strongest stretching force”, and “portion...21c having the weaker stretching force”; para 43) comprising:
at least one first compression zone 21a having a first knit stitch construction (that of the “ground knit 10” (Abstract) within the first compression zone), a first amount of compression (the “strongest stretching force”; para 43) throughout the entire first compression zone (para 43) and a first fabric weight (the basis weight of the combined yarns of the ground knitting and the “additional elastic yarn Y” (para 43) within the first compression zone);
wherein the at least one first compression zone 21a includes a first elastane (“elastic...polyurethane”; para 49) jacquard (introduced via one or more of the “P1, P2, P3, P4” (para 43) whereby “yarn is individually guided thereby” (para 28) during the knitting process so as to add the construction to the zone such that the construction is a jacquard construction as claimed) construction (the “additional elastic yarn Y” (para 43) within the first compression zone) added to the first knit stitch construction (the “additional elastic yarn Y” are added to the knit stitch construction of the ground knitting 10 as generally described in para 28 in relation to Fig. 2), and the first elastane jacquard construction changes a density, a fabric weight, or a combination thereof of the at least one first compression zone (the presence of the elastane jacquard is such that both the density and basis weight are higher within the first compression zone than the first compression zone would be without the elastane jacquard construction), wherein at least one second compression zone 21c has a lowest amount of compression of the plurality of seamlessly knitted compression zones (“weaker stretching force”; para 43),
the at least one second compression zone 21c having a second knit stitch construction (that of the “ground knit 10” (Abstract) within the second compression zone), a second amount of compression (“weaker stretching force”; para 43) throughout the entire second compression zone (para 43) and a second fabric weight (the basis weight of the second compression zone);
a first seamless transition joining the at least one second compression zone to the at least one first compression zone (Figs. 8-9, wherein it is noted the warp knitted panel includes a plurality of seamlessly knitted compression zones connected to each other seamlessly such that any transition joining zones – including the transition joining 21a to 21c—is a seamless transition);
at least one third compression zone 21b having a third knit stitch construction (that of the “ground knit 10” (Abstract) within the third compression zone), a third amount of compression (“next...strongest stretching force”; para 43) throughout the entire third compression zone (para 43) and a third fabric weight (the basis weight of the second compression zone); and
a second seamless transition joining the at least one second compression zone to the at least one third compression zone (Figs. 8-9, wherein it is noted the warp knitted panel includes a plurality of seamlessly knitted compression zones connected to each other seamlessly such that any transition joining zones – including the transition joining 21a to 21c—is a seamless transition);
wherein the third amount of compression (i.e. “next...strongest stretching force”) is greater than the second amount of compression (i.e. the “weaker stretching force”) and is less than the first amount of compression (i.e. the “strongest stretching force”).
Ishida Figs. 8-9 does not expressly disclose A garment, comprising a pair of tights, the pair of tights having a front side and a rear side, a waistband, and left and right legs, wherein each of the left and right leg include a warp knitted panel shaped and sized to cover a portion of a wearer's legs.
In further view of Ishida: Ishida does teach a warp knitted panel is appropriate for “foundations such as shorts, girdles,...lingerie..., other underwear for women, sportswear such as body suits, swimwear..., and various other clothing such as outerwear, etc.” (para 2).
Moreover, Ishida as embodied in Figs. 14a-14b shows “the girdle” created “with the knitted...fabric A” (para 48) wherein the article of Fig. 14b is a pair of tights having left and right legs in that it is configured to tightly fit a lower portion of a wearer’s body (“hip”, “waist[]”; para 48) as well as two of her legs (Fig. 14b).
However, Ishida is silent as to front and rear sides of a pair of tights; a waistband; and whether or not each leg includes a discrete warp knitted panel shaped and sized to cover a portion of the wearer’s legs as claimed.
However, Kehler ‘424 teaches (Figs. 1-2 and 3A) a garment 100 (i.e. “tight 100”; para 25) comprising a pair of tights 100 (Figs. 1-2, wherein it is noted the garment is a tight and is configured to cover both legs such that it is a pair of tights consistent with how Applicant uses the term in relation to Figs. 3-4 of the disclosure as filed i.e. “FIGS. 3 and 4 illustrate a garment 100 (e.g., a pair of tights)” of the specification as filed); the pair of tights having a front side (Fig. 1) and a rear side (Fig. 2), a waistband 105 (i.e. “waistband 105”; para 25), and left and right legs (Figs. 1 and 2), wherein each of the left and right leg include a warp knitted (“cut from a panel of fabric knitted using...a...warp knitting process”; para 53) panel 300 (i.e. the “pattern piece 300...for a left leg portion and...pattern piece for a right leg portion”; para 53) shaped and sized to cover a portion of a wearer's legs (para 53; Figs. 1-2 and 3A).
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 warp knitted panel of Ishida such that it is shaped and sized to cover a portion of a wearer's legs and is combined with yet another warp knitted panel of Ishida shaped and sized to cover a portion of a wearer’s legs and a waistband such that the combined warp knitted panels and waistband define a garment, comprising a pair of tights, the pair of tights having a front side and a rear side, a waistband, and left and right legs, wherein each of the left and right leg include a warp knitted panel shaped and sized to cover a portion of a wearer's legs, as in Kehler ‘424, in order to yield the predictable result of a garment whose waistband is configured to cover the waist of a wearer and whose warp knitted panels are configured to cover respective legs of the wearer. One of ordinary skill would have been motivated to adopt the modification insofar as Ishida is directed to “foundations such as shorts, girdles,...lingerie..., other underwear for women, sportswear such as body suits, swimwear..., and various other clothing such as outerwear” and would have been confronted with one or more decision(s) regarding how to incorporate the warp knitted panel into an article of clothing.
Ishida does not expressly disclose such that a fabric weight difference between the at least one first compression zone and at least one second compression zone of the plurality of seamlessly knitted compression zones ranges from about 100 to about 220 grams per square meter (GSM).
However, Mahar teaches a seamless engineered lower-body garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4-5) as 280 GSM (one zone as low as 120 gsm and another as high as 400 gsm i.e. “light compression...120...gsm...medium compression...400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range.
Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered a result effective variable such that one of ordinary skill could have arrived at the claimed weight difference through routine experimentation in order to provide the desired amount of compression. The claimed weight difference is merely an optimum or workable difference and the difference in basis weight is expected to affect the relative degree of compression afforded by one zone relative to the other.
Therefore, 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 Ishida such that a fabric weight difference between the at least one first compression zone and at least one second compression zone of the plurality of seamlessly knitted compression zones ranges from about 100 to about 220 grams per square meter (GSM) in order to yield a garment whose affords a greater relative degree of compression within its first compression zone relative to the lesser compression of its second compression zone wherein said greater relative degree of compression afforded thereby is preferable to at least some user(s) thereof.
The modified Ishida does not meet the limitation:
wherein the at least one first compression zone is located in one or more of:an area sized and shaped to cover at least a portion of a calf of a wearer; an area sized and shaped to cover at least a portion of an under buttock area of a wearer; or an area sized and shaped to cover at least a portion of an upper waist area of the wearer and including anchoring portions sized and shaped to at least partially cover respective hip areas of a wearer
wherein the at least one second compression zone is located in an area sized and shaped to cover at least a portion of a knee of a wearer
In further view of Ishida:
Ishida teaches the knit construction “knitted by a...machine and guided by one or more ground yarns...a[]...pattern is constituted by the pattern yarn guided by the handle, additional elasticity is provided separately from the elastic yarn of the ground knitting By inserting and knitting the yarn by inserting the yarn with a plurality of handle rods, a stretch function addition part that makes the stretch function such as stretchability and stretch force different from other parts is formed in the part required for use...according to usage requirements” (para 13) and further that “It is possible to change the function and shape according to usage requirements without any problems” (para 14); “The elastic function adding portion for forming the elastic function is formed by inserting an additional elastic yarn separately from the elastic yarn of the ground knitting, without changing the structure of the ground knitting...appropriately changed according to usage requirements” (para 22) such that Ishida at least teaches providing a compression zone in accordance with use request and without problem.
Moreover, Ishida cites as pertinent prior art “特許第３０２３３５４号公報” (para 11) which is correspondent to prior art [Nishiyama, JP-3023354-B], wherein Nishiyama teaches providing various compression zones in areas sized and shaped to cover various portions of a lower body of a wearer of a tights; to wit:
Nishiyama Figs. 24-25 teaches a tights (the tights of Figs. 24-25) comprising “warp knitted fabric” (Abstract) wherein plural compression zones 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92 are provided and configured to cover parts of a wearer’s lower body: the tights is configured to cover the “thigh”; calf (i.e. “gastrocnemius”); “knee” and “knee joint”; “hip”; “abdominal” (paras 137-138); the degree of compression afforded in each compression zone is afforded by the combination of a stitch type within a zone (in the manner generally described in paras 53-54) and the numeracy (in the manner generally described in para 96) and denier (as generally described in para 100) of the insertion elastic polyurethane yarn inserted therein. In Nishiyama, certain compression zones are configured to overlie a specific body part; e.g. 87 calf (“gastrocnemius”; para 138; Figs. 24-25); 90 under buttock (Fig. 25); 82 upper waist and hip (Figs. 24-25); 85 knee (“knee”; para 138; Fig. 24); 81 pelvic (Fig. 24); 84 at least partially surrounding the knee (“vastus”; para 138; Fig 24).
Thus although Nishiyama does not expressly teach the precise arrangement of compression zones relative to the areas of the body as the claimed garment, the combined teachings of Ishida and Nishiyama at least teach providing a tights fabric with plural compression zones of varying degrees of compression configured to cover various parts of the lower body including a discrete compression zone 87 configured to cover a portion of a calf of a wearer; a discrete compression zone 90 configured to cover a portion of an under buttock area of a wearer; a discrete compression zone 82 configured to cover a portion of an upper waist area of the wearer and respective hip areas of a wearer; a discrete compression zone 85 configured to cover at least a portion of a knee of a wearer; a discrete compression zone 81 configured to cover a portion of a pelvic area of a wearer; and a discrete compression zone 84 configured to at least partially surround a knee of a wearer.
In further view of Nishiyama and among the zones listed above:
a first compression zone 87 is located in an area sized and shaped to cover at least a portion of a calf of a wearer (“gastrocnemius”; para 138; Figs. 24-25); and
a second compression zone 85 is located in an area sized and shaped to cover at least a portion of a knee of a wearer (“knee”; para 138; Fig. 24).
Nishiyama further teaches “a relatively weak tensile force is assigned to...a knee joint portion” (para 137) and a “portion where the tension force is relatively strong...abuts the...side part of the leg...and covers both side parts of the” calf (i.e. “gastrocnemius”) so as to “support[] these muscles from one side or both sides without impeding activity...in sports or the like” (para 137).
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 Ishida such that its first compression zone is located in an area sized and shaped to cover at least a portion of a calf of a wearer and its second compression zone is located in an area sized and shaped to cover at least a portion of a knee of a wearer, as in Ishida, in order to provide calf muscle support via the “strongest stretching force” (i.e. the strongest stretching force of Ishida) thereof and to permit knee joint flexion at the location of the knee due to the “weaker stretching force” (i.e. the weak stretching force of Ishida) at the location of the knee so as to not impede movement while engaging in an activity and/or a sport, as suggested by Nishiyama (para 137).
Thus the modified Ishida meets all claim limitations excepting the precise arrangement of the location of the modified Ishida does not meet the limitation:
wherein the at least one third compression zone is located in an area sized and shaped to cover one or more of: an area sized and shaped to cover at least a portion of a pelvic area of a wearer; or an area sized and shaped to at least partially surround a knee of a wearer
As stated above, in Nishiyama and in reference to Nishiyama Figs. 24-25:
a discrete compression zone 81 is configured to cover a portion of a pelvic area of a wearer; and a discrete compression zone 84 is configured to at least partially surround a knee of a wearer.
In Nishiyama Figs. 24-25 a third compression zone 81 configured to cover a portion of a pelvic area of a wearer, the third compression zone 81 has a degree of compression that is less (due to the “weak satin net” and “polyurethane yarn with a denier of 210” (para 140) of the third compression zone) than that of a first compression zone 87 (due to the “strong satin net” and “polyurethane yarn with a denier of 210” (para 140) of the first compression zone) located in an area sized and shaped to cover at least a portion of a calf of a wearer (“gastrocnemius”; para 138; Figs. 24-25).
However, and contrary to the claimed relationship, the third compression zone 81 does not have a “third amount of compression...greater than the second amount of compression” of a second compression zone 85 located in an area sized and shaped to cover at least a portion of a knee of a wearer.
Rather, the amount of compression afforded by the third compression zone 81 (“weak satin”; “polyurethane...denier of 210”; para 140) is less than that of the second compression zone 85 (“weak satin”; “polyurethane...denier of 420”; para 140).
However and in further view of Nishiyama:
Nishiyama Figs. 15-18 teaches a third compression zone 21c located in an area sized and shaped to cover an area sized and shaped to cover at least a portion of a pelvic area of a wearer wherein the amount of compression afforded thereby is such that the “tightening force” thereof is “an even stronger tensile force” than adjacent regions 21a, 21b (para 103). Nishiyama further teaches the third compression zone 21c is an “abdominal hold down part” (para 103) whereby “it is possible to...suppress swelling of the abdomen” (para 109); a similar portion 182 of a “Conventional...girdle” (paras 2-4) “suppresses swelling of the abdominal...and achieves a beautiful abdominal silhouette” (para 4).
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 Ishida such that its third compression zone is located in an area sized and shaped to cover at least a portion of a pelvic area of a wearer in order to render the garment capable of preventing abdominal swelling and/or to provide shaping to the garment at the abdominal area for the purpose of permitting the formation of a beautiful silhouette at the abdominal area, as suggested by Nishiyama, due to the second strongest stretching force (i.e. the nex strongest stretching force of Ishida) afforded thereby.
Thus the modified Ishida meets claim limitations in that the third compression zone is located in an area sized and shaped to cover an area sized and shaped to cover at least a portion of a pelvic area of a wearer.
And/or (see below addressing of the claim term “third compression zone located in an area sized and shaped to cover...an area sized and shaped to at least partially surround a knee of a wearer”):
In Nishyiama Figs. 24-25 a third compression zone 84 is located in an area sized and shaped to cover an area sized and shaped to at least partially surround a knee of a wearer wherein the third compression zone 84 has a degree of compression that is greater than that of a second, knee joint, compression zone 85 due to the combination of the “strong satin net” and “polyurethane yarn with a denier of 420” of the third compression zone 84 relative to the “weak satin net” and “polyurethane yarn with a denier of 420” of the second compression zone 85.
Nishiyama further teaches “a relatively weak tensile force is assigned to...a knee joint portion” (para 137) and a “portion where the tension force is relatively strong abuts the outer side part of the leg so as to support the vastus..., the...thigh” (para 137) so as to “strongly support[] these muscles...without impeding activity...in sports or the like” (para 137) such that Nishyama at least teaches the third compression zone 84 degree of compression exceeds that of a second compression zone 85.
However, and contrary to the claimed relationship, the third compression zone 84 does not have a “third amount of compression...less than the first amount of compression” of first compression zone 87 in Nishyama Figs. 24-25. Rather, the third compression zone, having “strong satin net” stitch construction and the relatively thicker “polyurethane yarn with a denier of 420” has an amount of compression that is greater than the first amount of compression insofar as the first amount of compression is afforded by the “strong satin net” stitch construction and the relatively thinner “polyurethane yarn with a denier of 210”. In other words, the third, thigh, area 84 that is configured to surround the knee, affords more compression than the first, calf, area 87—not less as claimed.
However, Kehler ‘417 teaches “A recovery tight having preconfigured compression zones with integrated knit structures is provided herein. The compression zones may have differing compressive properties where zones having a higher compression force are located at the calf...area[] of the tight, [and] zones having the next highest compression force are located over the...lower thigh areas of the tight” (Abstract).
Kehler ‘417 further teaches “by configuring the tight such that compression is greatest at the calf...area[] of the tight and...decreases towards the lower torso portion of the tight, any edema that has developed in the lower part of the wearer's extremities is “squeezed” upwards toward the wearer's trunk where resorption is enhanced” (para 19).
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 Ishida such that the at least one third compression zone is located in an area sized and shaped to cover one or more of an area sized and shaped to at least partially surround a knee of a wearer in order to provide thigh muscle support via the “second strongest stretching force” (i.e. the second stretching force of Ishida) thereof and to permit knee joint flexion at the location of the knee due to the “weaker stretching force” (i.e. the weak stretching force of Ishida) at the location of the knee so as to not impede movement while engaging in an activity and/or a sport, as suggested by Nishiyama (para 137); and further wherein the relative degree of compression in the area sized and shaped to cover one or more of an area sized and shaped to at least partially surround a knee of a wearer relative to the degree of compression in the area sized and shaped to cover at least a portion of a calf of a wearer are provided in such a way so as to manage edema, as taught by Kehler ‘417, and/or to yield the predictable result of providing a degree of calf support that exceeds the degree of thigh support via the relative degrees of compression thereof for a wearer who prefers more calf support than thigh support.
Regarding claim 22:
Ishida in view of Kehler ‘424, Mahar, Nishiyama, and Kehler ‘417 teach The garment of claim 21, as set forth above.
Ishida further discloses wherein the first knit stitch construction and the second knit construction are the same (i.e. both being that of the “ground knit 10” (Abstract) as explained in above addressing of claim 21).
Regarding claim 23:
Ishida in view of Kehler ‘424, Mahar, Nishiyama, and Kehler ‘417 teach The garment of claim 21, as set forth above.
Ishida further discloses wherein at least one of the first knit stitch construction or the second knit stitch construction is a jacquard pattern (yarns inserted by “guide bar[s]” (para 27) of a jacquard knitting machine (“machine equipped with a jacquard reed” (para 17) such that the pattern formed thereby is a jacquard pattern as claimed).
Regarding claim 24:
Ishida in view of Kehler ‘424, Mahar, Nishiyama, and Kehler ‘417 teach The garment of claim 21, as set forth above.
Ishida further discloses wherein the at least one second compression zone includes a second elastane (“elastic...polyurethane”; para 49) jacquard (introduced via one or more of the “P1, P2, P3, P4” (para 43) whereby “yarn is individually guided thereby” (para 28) during the knitting process so as to add the construction to the zone such that the construction is a jacquard construction as claimed) construction (the “additional elastic yarn Y” (para 43) within the second compression zone) added to the second knit stitch construction, wherein an amount or extent of the first elastane jacquard construction is greater than an amount or extent of the second elastane jacquard construction (para 43; Figs. 8-9).
Regarding claim 25:
Ishida in view of Kehler ‘424, Mahar, Nishiyama, and Kehler ‘417 teach The garment of claim 21, as set forth above.
Ishida further discloses wherein the third compression zone includes a third elastane (“elastic...polyurethane”; para 49) jacquard (introduced via one or more of the “P1, P2, P3, P4” (para 43) whereby “yarn is individually guided thereby” (para 28) during the knitting process so as to add the construction to the zone such that the construction is a jacquard construction as claimed) construction (the “additional elastic yarn Y” (para 43) within the third compression zone) added to the third knit stitch construction, wherein an amount or extent of the third elastane jacquard construction is less than an amount or extent of the first elastane jacquard construction (para 43; Figs. 8-9).
Regarding claim 27:
Ishida in view of Kehler ‘424, Mahar, Nishiyama, and Kehler ‘417 teach The garment of claim 21, as set forth above.
Ishida further discloses wherein the garment further comprises at least two second compression zones, wherein the at least two second compression zones include: a first of the at least two second compression zones located in areas sized and shaped to cover at least a portion of a right knee of a wearer; and a second of the at least two second compression zones located in areas sized and shaped to cover at least a portion of a left knee of a wearer (each of the left and right leg warp knitted panels of the modified Ishida is provided with a second compression zone located in an areas sized and shaped to cover at least a portion of a respective knee (see above treatment of claim 21) such that the limitation is met.
Regarding claim 28:
Ishida in view of Kehler ‘424, Mahar, Nishiyama, and Kehler ‘417 teach The garment of claim 21, as set forth above.
Ishida further discloses wherein the garment further comprises at least four third compression zones, wherein the at least four third compression zones include: a first of the at least four third compression zones located in an area sized and shaped to cover at least a portion of a right pelvic area of a wearer; a second of the at least four third compression zones located in an area sized and shaped to cover at least a portion of a left pelvic area of a wearer; a third of the at least four third compression zones located in an area sized and shaped to at least partially surround a right knee of a wearer; and a fourth of the at least four third compression zones located in an area sized and shaped to at least partially surround a left knee of a wearer (each of the left and right leg warp knitted panels of the modified Ishida is provided with a third compression zone sized and shaped to cover a portion of a respective pelvic area and an additional third compression zone sized and shaped to at least partially surround a right knee of a wearer (see above treatment of claim 21) such that the limitation is met.
Claim(s) 1-3, 5, 7-9, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A, newly cited] in view of [Hsieh, US 2019/0358121, newly cited] and [Mahar, US 9,730,476, provided on Applicant’s IDS of 12/05/2024].
Regarding claim 1:
Ishida discloses (Fig. 14b):
A garment (“girdle”; para 48), comprising: a pair of tights (the girdle) having a rear side (Fig. 14b), wherein, wherein the rear side is sized and shaped to cover an area corresponding to a rear portion of a wearer's torso and legs (Fig. 14b), wherein the pair of tights has a left leg and a right leg (Fig. 14b), wherein the pair of tights is an engineered warp knitted garment (“warp knitted”; para 1) having a plurality of integrated compression zones (see annotated Fig. 14b – a below), the plurality of integrated compression zones including: a first compression zone sized and shaped to cover a first area corresponding to at least a portion of a wearer's waist or torso (see annotated Fig. 14b – a below) and wherein the first compression zone has a first amount of compression and a first fabric weight, a second compression zone (see annotated Fig. 14b – a below) below the first compression zone, wherein the second compression zone is sized and shaped to cover at least a portion of a second area corresponding to a wearer's torso below the waist (as in annotated Fig. 14b – a below), and wherein the second compression zone has a second amount of compression and a second fabric weight; a third compression zone (see annotated Fig. 14b – a below) adjacent to the second compression zone, wherein the third compression zone is sized and shaped to cover at least a portion of a third area corresponding to at least a front side of a wearer's right and left hips below a waist (as in annotated Fig. 14 – b below), and wherein the third compression zone has a third amount of compression throughout the entire third compression zone (paras 41-42; Fig. 5) and a third fabric weight; a fourth compression zone (see annotated Fig. 14b – a below) adjacent to the third compression zone and in each of the left leg and the right leg (as in annotated Fig. 14b – a below), wherein the fourth compression zone is sized and shaped to cover at least a portion of a fourth area corresponding to a wearer's torso at or below a hip and a wearer's leg above a knee (as in annotated Fig. 14b – a below), wherein the fourth compression zone extends around the rear side of each of the left leg and the right leg (as in annotated Fig. 14b – a below), and wherein the fourth compression zone has a fourth amount of compression and a fourth fabric weight; a fifth compression zone (see annotated Fig. 14b – a below) below the fourth compression zone in each of the left leg and the right leg, wherein the fifth compression zone is sized and shaped to cover at least a portion of a fifth area corresponding to a wearer's leg directly above a knee (as in annotated Fig. 14b – a below), wherein the fifth compression zone extends around the rear side of each of the left leg and the right leg, and wherein the fifth compression zone has a fifth amount of compression and a fifth fabric weight;
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wherein the first compression zone is joined to the second compression zone by a first seamless transition (fabric is warp knitted (para 1) and a knitted base stitch wherein additional elastic yarn is inserted therein so as to yield the fabric (para 13) such that transitions between the compression zones are seamless) and the second compression zone is directly or indirectly joined to the third compression zone by a second seamless transition (fabric is warp knitted (para 1) and a knitted base stitch wherein additional elastic yarn is inserted therein so as to yield the fabric (para 13) such that transitions between the compression zones are seamless); wherein the first amount of compression is greater than the second amount of compression (this limitation is presented in the alternative; Ishida meets the Examiner-emphasized condition below such that the limitation is met), the second amount of compression is less than the third amount of compression (owing to the presence of stretch-function-added portion 20 within the third compression zone), the fourth amount of compression is greater than the fifth amount of compression (this limitation is presented in the alternative; Ishida meets the Examiner-emphasized condition above such that the limitation is met), the fifth amount of compression is greater than the sixth amount of compression (this limitation is presented in the alternative; Ishida meets the Examiner-emphasized condition above such that the limitation is met), the sixth amount of compression is less than the seventh amount of compression (this limitation is presented in the alternative; Ishida meets the Examiner-emphasized condition above such that the limitation is met), the seventh amount of compression is less than the eighth amount of compression (this limitation is presented in the alternative; Ishida meets the Examiner-emphasized condition above such that the limitation is met), or the eighth amount of compression is greater than the ninth amount of compression (this limitation is presented in the alternative; Ishida meets the Examiner-emphasized condition above such that the limitation is met);
and wherein at least one compression zone of the first compression zone, the second compression zone, the third compression zone, the fourth compression zone, the fifth compression zone, the sixth compression zone, the seventh compression zone, the eighth compression zone, and the ninth compression zone includes (i.e. the third compression zone includes:); a jacquard knit stitch construction (the ground knit 10, which is formed by yarns led by guide bars of a jacquard knitting machine as described in para 30 such that it is a jacquard knit stitch construction as claimed) and an elastane (“elastic...polyurethane”; para 49) jacquard (introduced via one or more of the “P1, P2, P3, P4” (para 43) whereby “yarn is individually guided thereby” (para 28) during the knitting process so as to add the construction to the zone such that the construction is a jacquard construction as claimed) construction (“additional elastic yarn Y”; para 28) added in the jacquard knit stitch construction, wherein the elastane jacquard construction is configured to change a density or configured to increase a fabric weight or configured to both change the density and increase the fabric weight (the presence of the elastane jacquard is such that both the density and basis weight are higher within the first compression zone than the first compression zone would be without the elastane jacquard construction).
Ishida does not expressly disclose:
and wherein the first compression zone has a first amount of compression throughout the entire first compression zone and a first fabric weight
wherein the second compression zone has a second amount of compression throughout the entire second compression zone and a second fabric weight
wherein the fourth compression zone has a fourth amount of compression throughout the entire fourth compression zone and a fourth fabric weight
wherein the fifth compression zone has a fifth amount of compression throughout the entire fifth compression zone and a fifth fabric weight;
However and in further view of Ishida:
Ishida teaches “conventional elastic warp knitted fabric has...substantially uniform stretchability and elastic force” (para 4) wherein “the fit is good to some extent” (para 4).
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 garment of Ishida such that its first, second, fourth, and fifth amounts of compression are all the same and such that first compression zone has a first amount of compression throughout the entire first compression zone; its second compression zone has a second amount of compression throughout the entire second compression zone; its fourth compression zone has a fourth amount of compression throughout the entire fourth compression zone; and its fifth compression zone has a fifth amount of compression throughout the entire fifth compression zone in order to provide good fit to the garment in those zones, as suggested by Ishida (para 4).
Ishida does not expressly disclose:
the pair of tights having a front side and a rear side
wherein the first compression zone extends from the front side to the rear side of the pair of tights
the second compression zone on the front side
the second compression zone is sized and shaped to cover at least a portion of a second area corresponding to a wearer's front torso below the waist
wherein the fourth compression zone extends around the front side and around the rear side of each of the left leg and the right leg
wherein the fifth compression zone extends around the front side and around the rear side of each of the left leg and the right leg
a sixth compression zone below the fifth compression zone in each of the left leg and the right leg, wherein the sixth compression zone is sized and shaped to cover at least a portion of a sixth area corresponding to a wearer's knee, wherein the sixth compression zone extends around the front side and around the rear side of the left leg and the right leg, and wherein the sixth compression zone has a sixth amount of compression throughout the entire sixth compression zone and a sixth fabric weight; a seventh compression zone below the sixth compression zone in each of the left leg and the right leg, wherein the seventh compression zone is sized and shaped to cover at least a portion of a seventh area corresponding to a wear's leg directly below a knee, wherein the seventh compression zone extends around the front side and around the rear side of each of the left leg and the right leg, and wherein the seventh compression zone has a seventh amount of compression throughout the entire seventh compression zone and a seventh fabric weight; an eighth compression zone below the seventh compression zone in each of the left leg and the right leg, wherein the eighth compression zone is sized and shaped to at least partially cover an eighth area corresponding to a wearer's calf, wherein the eighth compression zone extends around the front side and around the rear side of each of the left leg and the right leg, and wherein the eighth compression zone has an eighth amount of compression throughout the entire eighth compression zone and an eighth fabric weight; and a ninth compression zone below the eighth compression zone in each of the left leg and the right leg, wherein the ninth compression zone is sized and shaped to cover at least a portion of a ninth area corresponding to at least a portion of a wearer's calf above an ankle or at least a portion of a wearer's ankle, wherein the ninth compression zone extends around the front side and around the rear side of each of the left leg and right leg, and wherein the ninth compression zone has a ninth amount of compression throughout the entire ninth compression zone and a ninth fabric weight.
However, Hsieh teaches a tights (“pants...configured to elastically and tightly press against the lower body of the user”; Abstract) wherein the pair of tights comprises a front side and a rear side and wherein zones thereof extend around both the front side and the rear side of each of a left leg and a right leg (Figs. 1-2).
Hsieh further teaches the tights is provided with a sixth compression zone (see annotated Figs. 1-2 – a below) below a fifth compression zone (see annotated Figs. 1-2 – a below) in each of the left leg and the right leg, wherein the sixth compression zone is sized and shaped to cover at least a portion of a sixth area corresponding to a wearer's knee, wherein the sixth compression zone extends around the front side and around the rear side of the left leg and the right leg; a seventh compression zone (see annotated Figs. 1-2 – a below) below the sixth compression zone in each of the left leg and the right leg, wherein the seventh compression zone is sized and shaped to cover at least a portion of a seventh area corresponding to a wear's leg directly below a knee, wherein the seventh compression zone extends around the front side and around the rear side of each of the left leg and the right leg; an eighth compression zone (see annotated Figs. 1-2 – a below) below the seventh compression zone in each of the left leg and the right leg, wherein the eighth compression zone is sized and shaped to at least partially cover an eighth area corresponding to a wearer's calf, wherein the eighth compression zone extends around the front side and around the rear side of each of the left leg and the right leg; and a ninth compression zone (see annotated Figs. 1-2 – a below) below the eighth compression zone in each of the left leg and the right leg, wherein the ninth compression zone is sized and shaped to cover at least a portion of a ninth area corresponding to at least a portion of a wearer's calf above an ankle or at least a portion of a wearer's ankle, wherein the ninth compression zone extends around the front side and around the rear side of each of the left leg and right leg.
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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 Ishida such that the pair of tights having a front side and a rear side; wherein the first compression zone extends from the front side to the rear side of the pair of tights; the second compression zone on the front side; the second compression zone is sized and shaped to cover at least a portion of a second area corresponding to a wearer's front torso below the waist; wherein the fourth compression zone extends around the front side and around the rear side of each of the left leg and the right leg; wherein the fifth compression zone extends around the front side and around the rear side of each of the left leg and the right leg is provided with sixth, seventh, eighth, and ninth compression zones such that it comprises a sixth compression zone below the fifth compression zone in each of the left leg and the right leg, wherein the sixth compression zone is sized and shaped to cover at least a portion of a sixth area corresponding to a wearer's knee, wherein the sixth compression zone extends around the front side and around the rear side of the left leg and the right leg, and wherein the sixth compression zone has a sixth amount of compression throughout the entire sixth compression zone and a sixth fabric weight; a seventh compression zone below the sixth compression zone in each of the left leg and the right leg, wherein the seventh compression zone is sized and shaped to cover at least a portion of a seventh area corresponding to a wear's leg directly below a knee, wherein the seventh compression zone extends around the front side and around the rear side of each of the left leg and the right leg, and wherein the seventh compression zone has a seventh amount of compression throughout the entire seventh compression zone and a seventh fabric weight; an eighth compression zone below the seventh compression zone in each of the left leg and the right leg, wherein the eighth compression zone is sized and shaped to at least partially cover an eighth area corresponding to a wearer's calf, wherein the eighth compression zone extends around the front side and around the rear side of each of the left leg and the right leg, and wherein the eighth compression zone has an eighth amount of compression throughout the entire eighth compression zone and an eighth fabric weight; and a ninth compression zone below the eighth compression zone in each of the left leg and the right leg, wherein the ninth compression zone is sized and shaped to cover at least a portion of a ninth area corresponding to at least a portion of a wearer's calf above an ankle or at least a portion of a wearer's ankle, wherein the ninth compression zone extends around the front side and around the rear side of each of the left leg and right leg, and wherein the ninth compression zone has a ninth amount of compression throughout the entire ninth compression zone and a ninth fabric weight in order to yield the predictable result of a good-fitting pair of tights that is configured to cover and provide a good fit on front and rear sides of a wearer’s body and also those portions of the body from the knee to the ankle on each leg.
Ishida does not expressly disclose:
wherein a difference between the sixth fabric weight and the third fabric weight ranges from 100 grams per square meter (GSM) to 220 GSM.
However, Mahar teaches a seamless engineered lower-body garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4-5) as 280 GSM (one zone as low as 120 gsm and another as high as 400 gsm i.e. “light compression...120...gsm...medium compression...400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range.
Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered a result effective variable such that one of ordinary skill could have arrived at the claimed weight difference through routine experimentation in order to provide the desired amount of compression. The claimed weight difference is merely an optimum or workable difference and the difference in basis weight is expected to affect the relative degree of compression afforded by one zone relative to the other.
Therefore, 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 Ishida such that a difference between the sixth fabric weight and the third fabric weight ranges from 100 grams per square meter (GSM) to 220 GSM in order to yield a garment whose affords a greater relative degree of compression within its third compression zone relative to the lesser compression of its sixth compression zone wherein said greater relative degree of compression afforded thereby is preferable to at least some user(s) thereof.
Regarding claim 2:
Ishida in view of Hsieh and Mahar teach The garment of claim 1, as set forth above.
Ishida further discloses wherein the plurality of integrated compression zones further comprises: a tenth compression zone (see annotated Fig. 14b – b below) on the rear side of the pair of tights, wherein the tenth compression zone is sized and shaped to cover a tenth area corresponding to a rear side of a wearer's torso below the waist (as in annotated Fig. 14b – b below), wherein the tenth compression zone has a tenth amount of compression and a tenth fabric weight; and an eleventh compression zone (see annotated Fig. 14b – b below) on the rear side adjacent to the tenth compression zone, wherein the eleventh compression zone is sized and shaped to cover an eleventh area corresponding to a rear size of a wearer's torso adjacent to the tenth area (as in annotated Fig. 14b – b below), and wherein the eleventh compression zone has an eleventh amount of compression throughout the entire eleventh compression zone (paras 41-42; Fig. 5) and an eleventh fabric weight;
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As applied to claim 1, the modified Ishida does not meet the limitation wherein the tenth compression zone has a tenth amount of compression throughout the entire tenth compression zone.
However and in further view of Ishida:
Ishida teaches “conventional elastic warp knitted fabric has...substantially uniform stretchability and elastic force” (para 4) wherein “the fit is good to some extent” (para 4).
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 garment of Ishida such that its tenth compression zone has a tenth amount of compression throughout the entire tenth compression zone in order to provide good fit to the garment in those the tenth zone, as suggested by Ishida (para 4).
Ishida does not expressly disclose
wherein a difference between the sixth fabric weight and the eleventh fabric weight ranges from 100 grams per square meter (GSM) to 220 GSM, wherein the eleventh fabric weight is greater than the sixth fabric weight.
In further view of Mahar:
Mahar teaches a seamless engineered lower-body garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4-5) as 280 GSM (one zone as low as 120 gsm and another as high as 400 gsm i.e. “light compression...120...gsm...medium compression...400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range.
Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered a result effective variable such that one of ordinary skill could have arrived at the claimed weight difference through routine experimentation in order to provide the desired amount of compression. The claimed weight difference is merely an optimum or workable difference and the difference in basis weight is expected to affect the relative degree of compression afforded by one zone relative to the other.
Therefore, 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 Ishida such that a difference between the sixth fabric weight and the eleventh fabric weight ranges from 100 grams per square meter (GSM) to 220 GSM, wherein the eleventh fabric weight is greater than the sixth fabric weight in order to yield a garment whose affords a greater relative degree of compression within its eleventh compression zone relative to the lesser compression of its sixth compression zone wherein said greater relative degree of compression afforded thereby is preferable to at least some user(s) thereof.
Regarding claim 3:
Ishida in view of Hsieh and Mahar teach The garment of claim 2, as set forth above.
Ishida further discloses wherein at least two compression zones of the first compression zone, the second compression zone, the third compression zone, the fourth compression zone, the fifth compression zone, the sixth compression zone, the seventh compression zone, the eighth compression zone, the ninth compression zone, the tenth compression zone, and the eleventh compression zone each include the jacquard knit stitch construction (the ground knit 10, which is formed by yarns led by guide bars of a jacquard knitting machine as described in para 30 such that it is a jacquard knit stitch construction as claimed).
Regarding claim 5:
Ishida in view of Hsieh and Mahar teach The garment of claim 1, as set forth above.
Ishida further discloses wherein at least two compression zones of the first compression zone, the third compression zone, the fourth compression zone, the eighth compression zone, and the ninth compression zone each include the jacquard knit stitch construction (the ground knit 10, which is formed by yarns led by guide bars of a jacquard knitting machine as described in para 30 such that it is a jacquard knit stitch construction as claimed).
Regarding claim 7:
Ishida in view of Hsieh and Mahar teach The garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the third amount of compression is about the same as the eighth amount of compression (each affords a finite amount of compression due to the material of construction; to the extent that Applicant has explained what it means for a given value to be “about the same” as another given value, the modified Ishida meets the limitation in that the compression afforded by the third zone is about the same as the compression afforded by the eight zone; it is noted the term “about” means “With general expressions of quantity and quality: very nearly, pretty much; more or less”; Oxford English Dictionary, “about (adv.), sense III.9.a,” March 2026, https://doi.org/10.1093/OED/1155857847.)
Regarding claim 8:
Ishida in view of Hsieh and Mahar teach The garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the first amount of compression is about the same as the fourth amount of compression, or the first amount of compression is about the same as the eighth amount of compression, or the first amount of compression, the fourth amount of compression, and the eighth amount of compression are each individually about the same (each affords a finite amount of compression due to the material of construction; to the extent that Applicant has explained what it means for a given value to be “about the same” as another given value, the modified Ishida meets the limitation in that the compression afforded by the third zone is about the same as the compression afforded by the eight zone; it is noted the term “about” means “With general expressions of quantity and quality: very nearly, pretty much; more or less”; Oxford English Dictionary, “about (adv.), sense III.9.a,” March 2026, https://doi.org/10.1093/OED/1155857847.)
Regarding claim 9:
Ishida in view of Hsieh and Mahar teach The garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the fifth amount of compression is about the same as the seventh amount of compression, or wherein the second amount of compression, the fifth amount of compression, and the seventh amount of compression are each individually about the same (each affords a finite amount of compression due to the material of construction; to the extent that Applicant has explained what it means for a given value to be “about the same” as another given value, the modified Ishida meets the limitation in that the compression afforded by the third zone is about the same as the compression afforded by the eight zone; it is noted the term “about” means “With general expressions of quantity and quality: very nearly, pretty much; more or less”; Oxford English Dictionary, “about (adv.), sense III.9.a,” March 2026, https://doi.org/10.1093/OED/1155857847.)
Regarding claim 15:
Ishida in view of Hsieh and Mahar teach The garment of claim 1, as set forth above.
Ishida further discloses further comprising a transition zone (the portion of the garment that joins the second compression zone and the third compression zone and/or the portion of the garment that joins the third compression zone and the fourth compression zone) between the second compression zone and the third compression zone or between the third transition compression zone and the fourth compression zone, or between the second compression zone and the third compression zone and between the third compression zone and the fourth compression zone.
Regarding claim 16:
Ishida in view of Hsieh and Mahar teach The garment of claim 15, as set forth above.
As applied to claim 15, the modified Ishida does not meet the limitation wherein each transition zone includes at least one sub-compression zone, wherein the at least one sub-compression zone is a first sub- compression zone including a first A sub-compression zone immediately adjacent a first B sub- compression zone, the first A sub-compression zone has a first A amount of compression and a first A fabric weight, the first B sub-compression zone has a first B amount of compression and a first B fabric weight, the first A amount of compression and the first B amount of compression are different, the first A fabric weight and the first B fabric weight are different, and the first A fabric weight is greater than the first B fabric weight.
However and in further view of Ishida:
Ishida as embodied in Figs. 8-9 teaches a transition zone includes at least one sub-compression zone (see first A and first B sub-compression zones thereof in annotated Fig. 9 – c below), wherein the at least one sub-compression zone is a first sub- compression zone including a first A sub-compression zone (see annotated Fig. 9 – c below) immediately adjacent a first B sub- compression zone (see annotated Fig. 9 – c below), the first A sub-compression zone has a first A amount of compression and a first A fabric weight, the first B sub-compression zone has a first B amount of compression and a first B fabric weight, the first A amount of compression and the first B amount of compression are different (owing to the mass of inserted yarn Y therein), the first A fabric weight and the first B fabric weight are different (owing to the mass of inserted yarn Y therein), and the first A fabric weight is greater than the first B fabric weight (owing to the mass of inserted yarn Y therein).
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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 Ishida such that each transition zone includes at least one sub-compression zone, wherein the at least one sub-compression zone is a first sub- compression zone including a first A sub-compression zone immediately adjacent a first B sub- compression zone, the first A sub-compression zone has a first A amount of compression and a first A fabric weight, the first B sub-compression zone has a first B amount of compression and a first B fabric weight, the first A amount of compression and the first B amount of compression are different, the first A fabric weight and the first B fabric weight are different, and the first A fabric weight is greater than the first B fabric weight in order to yield the predictable result of providing a gradual transition between the compression levels of the transition zone between the second and third compression zones and/or the third and fourth compression zones.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A], [Hsieh, US 2019/0358121, newly cited], and [Mahar, US 9,730,476] as applied to claim 1 above, and further in view of [Jackson, US 5,787,510, newly cited].
Regarding claim 6:
Ishida in view of Hsieh and Mahar teach The garment of claim 1, as set forth above.
Ishida further discloses wherein the third compression zone is joined directly to the first compression zone and to the second compression zone (as in the annotated Fig. 14b – a presented in above addressing of claim 1), and the third compression zone includes anchoring portions (see annotated Fig. 14b – d below, wherein it is noted the extent of the first zone is not identified in annotated Fig. 1b4 – d below yet nonetheless includes the anchoring portions).
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Ishida does not expressly disclose anchoring portions at or below a waistband of the pair of tights.
However, Jackson teaches a pair of pants comprising a waistband wherein portions of the pair of pants are provided at or below the waistband of the pair of pants (col. 5 lines 1-6; Fig. 1). Jackson further teaches the waistband “provides a fairly snug fit for wearers of different sizes” (col. 1 lines 12-13).
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 Ishida such that its pair of tights is provided with a waistband and such that the anchoring portions are at or below the waistband of the pair of tights in order to permit snug fitting about the waist, as suggested by Jackson (col. 1 lines 12-13).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A], [Hsieh, US 2019/0358121], and [Mahar, US 9,730,476] as applied to claim 1 above, and further in view of [Faust, US 4,009,495, previously cited; see the PTO-892 of 10/27/2025].
Regarding claim 10:
Ishida in view of Hsieh and Mahar teach The garment of claim 1, as set forth above.
Ishida does not expressly disclose wherein at least one compression zone of the first compression zone, the second compression zone, the third compression zone, the fourth compression zone, the fifth compression zone, the sixth compression zone, the seventh compression zone, the eighth compression zone, and the ninth compression zone includes: at least one ventilation zone seamlessly knitted into the jacquard knit stitch construction, wherein the at least one ventilation zone includes a mesh or pattern of drop stitch hole mesh textures.
However, Faust teaches a compression zone (“brief of stretch fabric”; Abstract) wherein said compression zone includes at least one ventilation zone (the zone comprising the “crotch portion” and “the remainder of the brief”; col. 2 lines 20-22) seamlessly knitted into a knit stitch construction (“integrally knitted...openings or mesh in the knit”; Abstract), wherein the ventilation zone includes a mesh (“openings or mesh in the knit”; Abstract).
In addition, the ventilation zone is configured to improve breathability (“degree of ventilation”; col. 1 line 34) of the knit stitch construction.
Faust further teaches the ventilation zone is configured “to provide a high degree of ventilation and comfort, yet retaining...stretch characteristics of the garment” (col. 1 lines 29-31).
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 Ishida such that at least one compression zone of the first compression zone, the second compression zone, the third compression zone, the fourth compression zone, the fifth compression zone, the sixth compression zone, the seventh compression zone, the eighth compression zone, and the ninth compression zone includes: at least one ventilation zone seamlessly knitted into the jacquard knit stitch construction, wherein the at least one ventilation zone includes a mesh or pattern of drop stitch hole mesh textures in order to provide ventilation and/or comfort whilst retaining stretch properties, as taught by Faust (col. 1 lines 29-31).
Claim 26
Claim 26 is subject to 35 USC 112(a) rejection and depends from base claim 21, which is rejected under 35 USC 103 (see rejections above). The specific subject matter as recited in claim 26 is free of art rejections.
Response to Arguments
Applicant’s REMARKS of 01/22/2026 (see p. 12-17 of the reply) are fully considered.
Regarding Priority: Applicant’s arguments are fully considered and are directed to newly amended subject matter, which has necessitated 35 USC 112(a) rejections of all pending claims as failing to comply with the written description requirement because they contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention; see 35 USC 112 rejections above.
Regarding 35 U.S.C. 103: 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.
Regarding Newly Added Claims: Applicant’s arguments directed to “Support” for the newly added subject matter are fully considered and are not persuasive. Applicant asserts “Support for claims 21-29 can be found throughout the Specification at least in paragraphs [0029]-[0032], FIG. 3, and FIG. 5”. However, as set forth in the 35 USC 112(a) rejections above, the disclosure as filed does not support the newly amended subject matter. Applicant’s further argument that the claims are “allowable...for similar reasons” “to that recited in claim 1” is fully considered but is 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.
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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