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 .
Election/Restrictions
Applicant’s election without traverse of Species 3 (Fig. 17C) and Subspecies 4 (Figs. 12-13) in the reply filed on December 2, 2025 is acknowledged.
Claims 3, 5, 10, and 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species or Subspecies, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 2, 2025.
Claims 1, 2, 4, 6-9, 11, and 13 are presented for examination below.
Claim Objections
Claims 1, 4, 7, and 11 are objected to because of the following informalities:
Claims 1 and 7: The claims include improper periods at the beginning of the body paragraphs of each claim. The Examiner notes that the provision of a., b., c., d., is redundant and advises removal of such using double brackets, for example: [[a.]]
Claims 1 and 7: “based at least in part on the sizes of the left and right breasts” should read “based at least in part on [[the]] sizes of the left and right breasts” to maintain proper and consistent antecedent basis within the claims
Claims 1 and 7: “the compression force to be supplied to the outer sides of the breasts of the wearer” should read “the compression force to be supplied to [[the]] outer sides of the breasts of the wearer” to maintain proper and consistent antecedent basis within the claims
Claims 4 and 11: “inserting one of the pins of the force-generating member into the cavity of each paddle” should read “inserting one of the pins of the force-generating member into the cavity of the respective paddle” to enhance clarity
Appropriate correction is required.
Examiner Note
Claim 9 appears to be a duplicate of claim 8.
Applicant is advised that should claim 8 be found allowable, claim 9 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1, 2, 4, 7-9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang (US PG Pub 2010/0210178).
Regarding claim 1, Chang discloses a method of enhancing cleavage for a wearer using a frontless and backless bra system configured to expose front and back portions of the wearer's body when worn (see at least Figs. 3 and 4A-4C and paragraphs 0017-0020; note that system 1 exposes the entirety of the wearer’s back and is configured to be worn in various positions that expose large portions of the wearer’s front, e.g., see Fig. 4A, and therefore exposes front and back portions of the wearer's body when worn, inasmuch as claimed), the system including left and right paddles (11) removably connected to opposite ends of a force-generating member (12) that extends downwardly away from the breasts toward the abdomen of the wearer (see at least Figs. 3 and 4A-4C), the method comprising:
controllably adjusting the rotational position of the left and right paddles relative to the force-generating member based at least in part on the sizes of the left and right breasts of the wearer (see rotational movement of left and right paddles 11 in Figs. 4A-4C and paragraphs 0019-0020 and 0027-0030);
controllably adjusting the distance between the left and right paddles to adjust for the compression force to be supplied to the outer sides of the breasts of the wearer (see at least paragraph 0021, the distance between the left and right paddles 11 can be adjusted by adjusting the length of member 12);
inserting a left volumizing pad (left 113) on the left paddle and a right volumizing pad (right 113) on the right paddle (see Fig. 2 and paragraph 0018); and
placing the left volumizing pad on the outer side of the left breast and the right volumizing pad on the outer side of the right breast (see at least Figs. 3 and 4A-4C; the Examiner notes that claim 1 does not require the left and right volumizing pads to be placed in direct contact with the wearer’s breasts).
Regarding claim 2, Chang further discloses wherein the adjustment of the rotational position of each of the left and right paddles (11) is selectable to one of a plurality of predetermined positions (based on the selection of predetermined engagement holes 115, see Figs. 4A-4C and at least paragraph 0020).
Regarding claim 4, Chang further discloses wherein each paddle (11) includes a cavity (115) extending into a lower end of the paddle and each end of the force-generating member (12) comprises a pin (121) that mates with the cavity of the lower end of the paddle into which the pin is inserted; and wherein the method further comprises inserting one of the pins of the force-generating member into the cavity of each paddle (see at least Fig. 1 and paragraph 0020).
Regarding claim 7, Chang discloses a method of enhancing cleavage for a wearer using a frontless and backless bra system configured to expose front and back portions of the wearer's body when worn (see at least Figs. 3 and 4A-4C and paragraphs 0017-0020; note that system 1 exposes the entirety of the wearer’s back and is configured to be worn in various positions that expose large portions of the wearer’s front, e.g., see Fig. 4A, and therefore exposes front and back portions of the wearer's body when worn, inasmuch as claimed), the system including left and right paddles (11) removably connected to opposite ends of a force-generating member (12) that extends downwardly away from the breasts toward the abdomen of the wearer (see at least Figs. 3 and 4A-4C), the method comprising:
controllably adjusting the rotational position of the left and right paddles relative to the force-generating member based at least in part on the sizes of the left and right breasts of the wearer (see rotational movement of left and right paddles 11 in Figs. 4A-4C and paragraphs 0019-0020 and 0027-0030); and
controllably adjusting the distance between the left and right paddles to adjust for the compression force to be supplied to the outer sides of the breasts of the wearer (see at least paragraph 0021, the distance between the left and right paddles 11 can be adjusted by adjusting the length of member 12).
Regarding claim 8, Chang further discloses wherein the adjustment of the rotational position of each of the left and right paddles (11) is selectable to one of a plurality of predetermined positions (based on the selection of predetermined engagement holes 115, see Figs. 4A-4C and at least paragraph 0020).
Regarding claim 9, Chang further discloses wherein the adjustment of the rotational position of each of the left and right paddles (11) is selectable to one of a plurality of predetermined positions (based on the selection of predetermined engagement holes 115, see Figs. 4A-4C and at least paragraph 0020).
Regarding claim 11, Chang further discloses wherein each paddle (11) includes a cavity (115) extending into a lower end of the paddle and each end of the force-generating member (12) comprises a pin (121) that mates with the cavity of the lower end of the paddle into which the pin is inserted; and wherein the method further comprises inserting one of the pins of the force-generating member into the cavity of each paddle (see at least Fig. 1 and paragraph 0020).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chang, as applied to claims 1 and 7 above, in view of Dragojevic (US Patent No. 6,390,884).
Regarding claim 6, Chang discloses the limitations of claim 1, as discussed above, but fails to further disclose wherein the bra system includes a plurality of different force generating members and the method further comprises: selecting one of the plurality of force generating members and connecting the left and right paddles to the selected force generating member. Instead, Chang discloses a singular force generating member (12, see at least Figs. 1-3 and 4A-4C and paragraphs 0017-0020).
However, Dragojevic teaches a breast cleavage enhancement system comprising a pair of breast-engaging members (2) and a plurality of different force-generating members (4, 6, 8, 15, 18), wherein the pair of breast-engaging members are configured to be connected to a selected force generating member (see Figs. 3-10 and column 5, line 17 - column 8, line 13), so as to provide different types of dynamic and adjustable control over the position of the breast-engaging members depending on the force-generating member chosen, to suit the individual needs of the wearer (see column 2, lines 8-40; and column 6, lines 50-60).
Therefore, based on Dragojevic’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Chang’s system to further include a plurality of different force generating members, and wherein Chang’s method would further comprise: selecting one of the plurality of force generating members and connecting the left and right paddles to the selected force generating member; as doing so would provide different types of dynamic and adjustable control over the position of the breast-engaging members depending on the force-generating member chosen, to suit the individual needs of the wearer.
Regarding claim 13, Chang discloses the limitations of claim 7, as discussed above, but fails to further disclose wherein the bra system includes a plurality of different force generating members and the method further comprises: selecting one of the plurality of force generating members and connecting the left and right paddles to the selected force generating member. Instead, Chang discloses a singular force generating member (12, see at least Figs. 1-3 and 4A-4C and paragraphs 0017-0020).
However, Dragojevic teaches a breast cleavage enhancement system comprising a pair of breast-engaging members (2) and a plurality of different force-generating members (4, 6, 8, 15, 18), wherein the pair of breast-engaging members are configured to be connected to a selected force generating member (see Figs. 3-10 and column 5, line 17 - column 8, line 13), so as to provide different types of dynamic and adjustable control over the position of the breast-engaging members depending on the force-generating member chosen, to suit the individual needs of the wearer (see column 2, lines 8-40; and column 6, lines 50-60).
Therefore, based on Dragojevic’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Chang’s system to further include a plurality of different force generating members, and wherein Chang’s method would further comprise: selecting one of the plurality of force generating members and connecting the left and right paddles to the selected force generating member; as doing so would provide different types of dynamic and adjustable control over the position of the breast-engaging members depending on the force-generating member chosen, to suit the individual needs of the wearer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, Harris (US PG Pub 2018/0213853) and Lemons (US Patent No. 2,844,151) each teach frontless and backless, cleavage-enhancing bra systems configured to expose front and back portions of the wearer's body when worn, the systems including left and right paddles connected to a force-generating member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOCELYN BRAVO whose telephone number is (571)270-0581. The examiner can normally be reached Monday, Tuesday, Thursday, and Friday, 12:00 pm - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup, can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOCELYN BRAVO/Primary Examiner, Art Unit 3732
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