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
The amendment filed 5/27/26 has been entered. Claims 2-4, 12-36 remain pending in the application, with claims 2-4, 12, 13,25-32 remaining withdrawn. Applicant’s amendments to the (Specification, Drawings, and Claims) have almost overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 1/27/26.
For Clarity of Record: Election/Restrictions
The species restriction portion of the restriction requirement of 8/27/25 was withdrawn, and was replaced under compact prosecution with the corrected species restriction portion outlined on pages 2-6 in the office action of 1/27/26. The claims restriction portion of the restriction requirement of 8/27/25 remained unchanged. Claims 16-18 are included in the election and have already been prosecuted on their merits; especially as outlined in the specification antecedent basis rejection on pages 8-9 of the office action of 1/27/26, the related recitations to Claims 16-18 are in [0210] and [0219] which belong to the elected embodiment. Status identifiers must be properly updated in the next response.
Specification
The disclosure is objected to because of the following informalities:
[0231] as “second textile 1012” is established, it is recommended to establish that “mesh textile 1010” is a first textile
Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claims 16-18 is not found in the specification, though related disclosure is found in [0210] and [0219]; the recitations should be placed in an appropriate section of the specification, such as the summary
Claim Objections
Claim(s) 16-18, 34 is/are objected to because of the following informalities:
Status identifiers for Claims 16-18 are incorrect; status identifiers are “withdrawn” but should instead say “original”; as a courtesy, the amendments have been prosecuted on their merits, but future issues may warrant a notice of non-compliance
Claim 34 Line 12 after “second coupling portion” add a comma
Claim 34 Line 14 before “thermal weld” delete “a” and substitute –the—for proper antecedent basis with Claim 34 Line 10
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claim(s) 14-18, 20-24, 33-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonnin et al (US Publication 2009/0305608), herein Bonnin, in view of Busbee et al (US Publication 2019/0246741), herein Busbee, and Kamitsubo (WO 2019/097869).
Regarding Claim 14, Bonnin teaches an upper-torso support garment (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Fig. 1; [0001] "invention relates to textile lingerie article…which is concave…such as a brassiere cup"; Bonnin teaches the brassiere cup which meets the structural limitations in the claims and performs the functions as recited such as being capable of supporting an upper-torso) comprising:
a first material panel (see Fig. 1 for 1a other than the area for [0027] “heated strip 4”; [0026] “to join together edge-to-edge…two contiguous pieces, for example 1a and 1b”),
wherein the first material panel comprises a first outer-facing surface, a first inner-facing surface, and a first thickness extending from the first outer-facing surface to the first inner-facing surface (see 1 for 1a, wherein the existence of 1a meets the recitation);
a first coupling portion that is unitary with the first material panel (for first coupling portion--see Fig. 4 for portion of 1a that is for [0027] "heated strip 4"; see Fig. 4 for unitary);
a second material panel (see Fig. 1 for 1b other than the area for [0027] “heated strip 4”),
a second coupling portion that is unitary with the second material panel (see Fig. 4 for portion of 1b that is for [0027] "heated strip 4"; see Fig. 4 for unitary);
a seam comprising a thermal weld joining the first coupling portion to the second coupling portion (see Fig. 4; [0026] "to join together edge-to-edge…two contiguous pieces…1a and 1b…welding operation is carried out"; [0027] "blower 25…activate the heat-bondable surface of a reinforcing strip 4, which is placed on the wrong side of the pieces 1a, 1b welded edge to edge by the weld seam 3"),
wherein the seam comprises a second outer-facing surface, a second inner-facing surface, and a second thickness extending from the second outer-facing surface to the second inner-facing surface (the existence of the seam meets the recitation).
Bonnin does not explicitly teach the first material panel comprising first unitary elongated members that converge with one another at nodes to form a first grid of cells;
the second material panel comprising second unitary elongated members that converge with one another at nodes to form a second grid of cells.
However, Bonnin already taught that the panels are of a brassiere cup ([0001]).
Busbee teaches the first material panel comprising first unitary elongated members that converge with one another at nodes to form a first grid of cells (see Fig. 20; [0063] "a cage structure with a gradient in stiffness between a first region and a second region is provided. In some embodiments, a cage structure for a bra cup (e.g., that comprises an underwire for a bra)"; wherein one of first/second region is first material panel; [0120] “Fig. 20 illustrates a bra with…graded elements”; see Figs. 1 for cell; see Fig. 7 for grid; [0040] “cage structure comprises a cell 100 or a plurality of cells 100 (see, e.g. Fig. 1). The cell…comprises one or more elongate elements 110 and zero or more nodes 120 attached to one more elongate elements (see, e.g., Fig. 1)”; although recitations may be directed to a different embodiment, such as Figs. 1, 7, it is understood that Fig. 20 having the same terms and concepts as recited for Fig. 1 as applicable would also have the recitations apply to Fig. 20; wherein at least a portion of the cage structure indicates a first material panel),
the second material panel comprising second unitary elongated members that converge with one another at nodes to form a second grid of cells (see aforementioned for the other of first/second region with similar cell/grid structure recitations; nevertheless, any two areas of Fig. 20 cage structure can be of first/second material panels, furthermore in light of [0063] "the cage structure (e.g., that comprises an underwire) for a bra comprises a gradient in stiffness, wherein the stiffness of the cage structure is greater near the base of the cup (e.g., near the underwire) and the stiffness of the cage structure is less near the top of the bra cup"; [0051] “In some embodiments, a difference in properties between a first portion and a second portion of the cage structure may comprise a gradient of one or more properties of the cage structure...wherein the property or properties is/are e.g., color, average stiffness, average Shore A hardness, average pore size, pore concentration, average density, average hardness, average degree of cross-linking, average chemical composition, average largest dimension of particles (e.g., reinforcing particles), weight percent of particles (e.g., reinforcing particles), volume percent of particles (e.g., reinforcing particles), compression strength, slip resistance, abrasion resistance, heat deflection temperature, and/or coefficient of thermal expansion").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonnin’s textile with the cage structure of Busbee to provide desired properties in the area(s) as desired ([0051], [0063]).
Bonnin does not explicitly teach wherein the seam comprises the first coupling portion overlapped with the second coupling portion;
and wherein the second thickness is +/-15% of the first thickness.
Kamitsubo teaches wherein a first material panel (of 4) comprises a first outer-facing surface, a first inner-facing surface, and a first thickness extending from the first outer-facing surface to the first inner-facing surface ([0031] "upper surface of the connecting end of the first rubber sheet 4 and the lower surface of the connecting end of the second rubber sheet 7 are uniformly removed to expose the uncovered area 6, and the two sheets are pressed together in the same manner as described above...overlapping portion of the first rubber sheet 4 and the second rubber sheet 7 becomes the same thickness as the other portions after pressing"; for first material panel-- see Fig. 3 for portion of rubber sheet 4 without 6; wherein the existence of the portion meets the rest of the recitation);
a first coupling portion that is unitary with the first material panel (see Fig. 3);
a second coupling portion that is unitary with a second material panel (see Fig. 3; for second material panel—see Fig. 3, [0031], for portion of rubber sheet 7 without 6);
a seam comprising a thermal weld joining the first coupling portion to the second coupling portion (see Fig. 3; [0031]; for “described above” in [0031] -- see Fig. 1; [0029] "overlapping parts are placed on the lower mold, and the upper mold is pressed down from above. However, as shown in Figure 1, a rotatable roller 9 may be rolled along the longitudinal direction of the rubber sheet 2 while being pressed against it from above"; [0030] "strong bond can be obtained simply by applying pressing force"; [0026] "rubber sheet 2 is formed by rolling kneaded rubber into a strip"; [0027] "rubber sheet 2 is...fed into a rubber extruder (not shown) and kneaded"; as such, the rubber material is melted enough to extrude and to adhere together with pressing force-- see extrinsic evidence Kawabata USPN 4943331 and/or extrinsic evidence Panova NPL—which indicates a thermal weld);
wherein the seam comprises the first coupling portion overlapped with the second coupling portion (see Fig. 3, [0031]);
wherein the seam comprises a second outer-facing surface, a second inner-facing surface, and a second thickness extending from the second outer-facing surface to the second inner-facing surface (see Fig. 3);
and wherein the second thickness is +/-15% of the first thickness (see Fig. 3, [0031]; wherein a same thickness is in the range of being between +/- 15%).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonnin’s first/second materials and first/second coupling portions to be the L-shapes as taught by Kamitsubo for 1) aesthetic design choice and/or comfort provided by having the same thickness at connection, as opposed to Bonnin Fig. 4, especially being in the same art of endeavor as seams, and/or 2) effective proofing against elements, as is known in the art for rubber material seams of this L-shape similarly applied to seamed garment panels (see extrinsic evidence Shih USPN 6514590 Col. 1 Lines 15-20), which Bonnin is directed to as well.
Regarding Claim 15, modified Bonnin teaches all the claimed limitations as discussed above in Claim 14.
Kamitsubo further teaches wherein the first coupling portion comprises a third thickness (see Fig. 3 wherein third thickness is of portion 6 of first rubber sheet 4),
which is about half the first thickness (see Fig. 3, wherein third thickness of portion 6 of first rubber sheet 4 is about half of the first thickness of the portion of first rubber sheet 4 without portion 6).
Regarding Claim 16, modified Bonnin teaches all the claimed limitations as discussed above in Claim 14.
Modified Bonnin further teaches wherein the first material panel comprises a first quantity of filament layers (Busbee’s teaching of at least one filament layer indicates a first quantity at the first material panel of Bonnin)
and the first coupling portion comprises a second quantity of filament layers (Busbee’s teaching of at least one filament layer indicates a second quantity at the first coupling portion of Bonnin).
Modified Bonnin at least suggests wherein the coupling portion quantity of filament layers is less than the first quantity of filament layers of the first material panel (see Busbee Fig. 20; [0073] “the cage structure (e.g. polymeric cage structure)”; [0073] “stiffness of a cage structure (e.g., comprising polyurethane) printed onto a bra cup”; see Fig. 3; [0019] “Fig. 3…cage structure”; [0095] “printing one or more polymer layers (e.g., 2 polymer layers, 3 polymer layers, [four] polymer layers…Fig. 3”; it is understood that Fig. 20 having the same terms and concepts as recited for Fig. 3 as applicable would also have the recitations apply to Fig. 3; wherein [0051] indicates that stiffness can vary between top/base of the cup, and [0063] indicates that not only can stiffness vary, but an average density; wherein a difference in the quantity of layers would affect the average density; as such, Bonnin’s first material and coupling portion, also being of a cup as taught by Busbee, can have varying density and varying quantity of filament layers between top/base).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonnin’s first coupling portion to have less layers/less average density than the first material panel, in order to have the desired (amount of) properties in the desired areas.
Regarding Claim 17, modified Bonnin teaches all the claimed limitations as discussed above in Claim 16.
Modified Bonnin at least suggests wherein the second quantity is about one-half the first quantity (see rejection of Claim 16, especially Busbee [0095] “one or more polymer layers (e.g., 2 polymer layers, 3 polymer layers, [four] polymer layers”, indicating there can be 2 layers and 4 layers).
Especially absent a showing of criticality with respect to the quantity of filament layers (see specification objection for lack of antecedent basis), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonnin’s second quantity to be about one-half the first quantity (such as 2 and 4) for the desired (amount of) properties in the desired areas.
Regarding Claim 18, modified Bonnin teaches all the claimed limitations as discussed above in Claim 17.
Modified Bonnin further teaches wherein the first quantity is four and the second quantity is two ([0095] for 2 and 4).
Regarding Claim 20, modified Bonnin teaches all the claimed limitations as discussed above in Claim 14.
Busbee further teaches wherein first cells of the first grid comprise a first property (the existence of 1a meets having a first property) and
second cells of the second grid comprise a second property (the existence of 1b meets having a second property),
which is different from the first property ([0051], [0063], wherein degrees of stiffness or other properties can differ).
Regarding Claim 21, modified Bonnin teaches all the claimed limitations as discussed above in Claim 14.
Modified Bonnin further teaches wherein the first coupling portion comprises third unitary elongated members that converge with one another at nodes to form a third grid of cells (see Bonnin, where first coupling portion is portion of 1a at 4; wherein 1a is of the elongated members based on Busbee and meet the recitation).
Regarding Claim 22, modified Bonnin teaches all the claimed limitations as discussed above in Claim 21.
Busbee further teaches wherein first cells of the first grid comprise a first property (the existence of 1a meets having a first property) and
third cells of the third grid comprise a second property (the existence of 1a at 4 meets having a second property),
which is different from the first property ([0051], [0063], wherein degrees of stiffness, cell size, cell density, or other properties can vary).
Regarding Claim 23, modified Bonnin teaches all the claimed limitations as discussed above in Claim 22.
Busbee at least suggests wherein the first property is cell size, and wherein the third cells comprise a smaller cell size ([0051], wherein “pore size” indicates cell size; inasmuch [0063] indicates that stiffness is greater in lower portion and [0051] indicates stiffness along with cell size is the difference in properties, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that cell size can similarly be different in lower/upper portion of cup and therefore meet the recitation, such that a section of upper/lower portion of 1a at 4 is different from a section of lower/upper portion of 1a not at 4 in that it has a smaller cell size).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonnin’s third cells such that at least a section is smaller than at least a section of the first cells as taught by Busbee in order to provide desired properties in desired areas.
Regarding Claim 24, modified Bonnin teaches all the claimed limitations as discussed above in Claim 22.
Busbee at least suggests wherein the first property is cell density, and wherein the third cells comprise a higher cell density ([0051], wherein “pore concentration” indicates cell density; inasmuch [0063] indicates that stiffness is greater in lower portion and [0051] indicates stiffness along with cell size is the difference in properties, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that cell density can similarly be different in lower/upper portion of cup and therefore meet the recitation, such that a section of upper/lower portion of 1a at 4 is different from a section of lower/upper portion of 1a not at 4, in that it has a higher cell density).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonnin’s third cells such that at least a section is of a higher cell density than at least a section of the first cells as taught by Busbee in order to provide desired properties in desired areas.
Regarding Claim 33, modified Bonnin teaches all the claimed limitations as discussed above in Claim 14.
Kamitsubo further teaches wherein the thermal weld comprises at least a portion of material from the first coupling portion mixed with at least a portion of material from the second coupling portion (see rejection of Claim 14 with Fig. 3; [0031], [0029], [0030]; [0026]; [0027]; extrinsic evidence Panova NPL and extrinsic evidence Kawabata USPN 4943331; wherein the bonding from press molding indicates that the rubber materials of the coupling portions melted together, which indicates mixing).
Regarding Claim 34, Bonnin teaches an upper-torso support garment (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Fig. 1; [0001] "invention relates to textile lingerie article…which is concave…such as a brassiere cup"; Bonnin teaches the brassiere cup which meets the structural limitations in the claims and performs the functions as recited such as being capable of supporting an upper-torso) comprising:
a first material panel (see Fig. 1 for 1a other than the area for [0027] “heated strip 4”; [0026] “to join together edge-to-edge…two contiguous pieces, for example 1a and 1b”),
a first coupling portion that is unitary with the first material panel and that comprises an outer-facing surface (for first coupling portion--see Fig. 4 for portion of 1a that is for [0027] "heated strip 4"; see Fig. 4 for unitary; wherein existence indicates an outer-facing surface);
a second material panel (see Fig. 1 for 1b other than the area for [0027] “heated strip 4”),
a second coupling portion that is unitary with the second material panel and that comprises an inner-facing surface (see Fig. 4 for portion of 1b that is for [0027] "heated strip 4"; see Fig. 4 for unitary; wherein the existence indicates an inner-facing surface);
a seam comprising a thermal weld joining the first coupling portion to the second coupling portion (see Fig. 4; [0026] "to join together edge-to-edge…two contiguous pieces…1a and 1b…welding operation is carried out"; [0027] "blower 25…activate the heat-bondable surface of a reinforcing strip 4, which is placed on the wrong side of the pieces 1a, 1b welded edge to edge by the weld seam 3").
Bonnin does not explicitly teach the first material panel comprising first unitary elongated members that converge with one another at nodes to form a first grid of cells;
the second material panel comprising second unitary elongated members that converge with one another at nodes to form a second grid of cells.
However, Bonnin already taught that the panels are of a brassiere cup ([0001]).
Busbee teaches the first material panel comprising first unitary elongated members that converge with one another at nodes to form a first grid of cells (see Fig. 20; [0063] "a cage structure with a gradient in stiffness between a first region and a second region is provided. In some embodiments, a cage structure for a bra cup (e.g., that comprises an underwire for a bra)"; wherein one of first/second region is first material panel; [0120] “Fig. 20 illustrates a bra with…graded elements”; see Figs. 1 for cell; see Fig. 7 for grid; [0040] “cage structure comprises a cell 100 or a plurality of cells 100 (see, e.g. Fig. 1). The cell…comprises one or more elongate elements 110 and zero or more nodes 120 attached to one more elongate elements (see, e.g., Fig. 1)”; although recitations may be directed to a different embodiment, such as Figs. 1, 7, it is understood that Fig. 20 having the same terms and concepts as recited for Fig. 1 as applicable would also have the recitations apply to Fig. 20; wherein at least a portion of the cage structure indicates a first material panel),
the second material panel comprising second unitary elongated members that converge with one another at nodes to form a second grid of cells (see aforementioned for the other of first/second region with similar cell/grid structure recitations; nevertheless, any two areas of Fig. 20 cage structure can be of first/second material panels, furthermore in light of [0063] "the cage structure (e.g., that comprises an underwire) for a bra comprises a gradient in stiffness, wherein the stiffness of the cage structure is greater near the base of the cup (e.g., near the underwire) and the stiffness of the cage structure is less near the top of the bra cup"; [0051] “In some embodiments, a difference in properties between a first portion and a second portion of the cage structure may comprise a gradient of one or more properties of the cage structure...wherein the property or properties is/are e.g., color, average stiffness, average Shore A hardness, average pore size, pore concentration, average density, average hardness, average degree of cross-linking, average chemical composition, average largest dimension of particles (e.g., reinforcing particles), weight percent of particles (e.g., reinforcing particles), volume percent of particles (e.g., reinforcing particles), compression strength, slip resistance, abrasion resistance, heat deflection temperature, and/or coefficient of thermal expansion").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonnin’s textile with the cage structure of Busbee to provide desired properties in the area(s) as desired ([0051], [0063]).
Bonnin does not explicitly teach wherein the seam comprises the first coupling portion overlapped with the second coupling portion
with the outer-facing surface of the first coupling portion facing towards and directly contacting the inner-facing surface of the second coupling portion,
and wherein a thermal weld joins the outer-facing surface directly to the inner-facing surface.
Kamitsubo teaches a first coupling portion (of 7) that is unitary with a first material panel and that comprises an outer-facing surface (see Fig. 3; first material panel being portion of 7 without 6; first coupling portion being portion of 7 with 6, with 6 having the outer-facing surface; [0031] "upper surface of the connecting end of the first rubber sheet 4 and the lower surface of the connecting end of the second rubber sheet 7 are uniformly removed to expose the uncovered area 6, and the two sheets are pressed together in the same manner as described above...overlapping portion of the first rubber sheet 4 and the second rubber sheet 7 becomes the same thickness as the other portions after pressing");
a second coupling portion (of 4) that is unitary with a second material panel and that comprises an inner-facing surface (see Fig. 3; [0031]; second material panel being portion of rubber sheet 4 without 6; second coupling portion being portion of 4 with 6, with 6 having the inner-facing surface);
a seam comprising a thermal weld joining the first coupling portion to the second coupling portion (see Fig. 3; [0031]; for “described above” in [0031] -- see Fig. 1; [0029] "overlapping parts are placed on the lower mold, and the upper mold is pressed down from above. However, as shown in Figure 1, a rotatable roller 9 may be rolled along the longitudinal direction of the rubber sheet 2 while being pressed against it from above"; [0030] "strong bond can be obtained simply by applying pressing force"; [0026] "rubber sheet 2 is formed by rolling kneaded rubber into a strip"; [0027] "rubber sheet 2 is...fed into a rubber extruder (not shown) and kneaded"; as such, the rubber material is melted enough to extrude and to adhere together with pressing force-- see extrinsic evidence Kawabata USPN 4943331 and/or extrinsic evidence Panova NPL—which indicates a thermal weld);
wherein the seam comprises the first coupling portion overlapped with the second coupling portion (see Fig. 3, [0031]);
with the outer-facing surface of the first coupling portion facing towards and directly contacting the inner-facing surface of the second coupling portion (see Fig. 3, wherein outer-facing surface of 6 of 7 faces towards and directly contacts via [0031] the inner-facing surface of 6 of 4 of the second coupling portion),
and wherein the thermal weld joins the outer-facing surface directly to the inner-facing surface (see Fig. 3; [0031]; [0029], [0030]; [0026]; [0027]; extrinsic evidence Panova NPL; extrinsic evidence Kawabata USPN 4943331).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonnin’s first/second materials and first/second coupling portions to be the L-shapes as taught by Kamitsubo for 1) aesthetic design choice and/or comfort provided by having the same thickness at connection, as opposed to Bonnin Fig. 4, especially being in the same art of endeavor as seams, and/or 2) effective proofing against elements, as is known in the art for rubber material seams of this L-shape similarly applied to seamed garment panels (see extrinsic evidence Shih USPN 6514590 Col. 1 Lines 15-20), which Bonnin is directed to as well.
Regarding Claim 35, modified Bonnin teaches all the claimed limitations as discussed above in Claim 34.
Kamitsubo further teaches wherein the thermal weld comprises at least a portion of material from the first coupling portion mixed with at least a portion of material from the second coupling portion (see rejection of Claim 34 with Fig. 3; [0031], [0029], [0030]; [0026]; [0027]; extrinsic evidence Panova NPL and extrinsic evidence Kawabata USPN 4943331; wherein the bonding from press molding indicates that the rubber materials of the coupling portions melted together, which indicates mixing).
Regarding Claim 36, modified Bonnin teaches all the claimed limitations as discussed above in Claim 34.
Kamitsubo further teaches wherein the thermal weld comprises a mechanical bond between the outer-facing surface and the inner-facing surface (see rejection of Claim 34 with Fig. 3; [0031], [0029], [0030]; [0026]; [0027]; extrinsic evidence Panova NPL and extrinsic evidence Kawabata USPN 4943331; wherein the bonding from press molding indicates that the rubber materials of the coupling portions melted together, which indicates a mechanical bond, especially in light of applicant specification [0062]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonnin et al (US Publication 2009/0305608), herein Bonnin, in view of Busbee et al (US Publication 2019/0246741), herein Busbee, and Kamitsubo (WO 2019/097869), further in view of Shih (USPN 6124010), herein Shih ‘010.
Regarding Claim 19, modified Bonnin teaches all the claimed limitations as discussed above in Claim 15.
Modified Bonnin does not explicitly teach wherein the first thickness and the second thickness are in a range between about 0.4 mm and about 0.55 mm.
However, Kamitsubo of modified Bonnin already taught L-shape first/second materials in the context of a seam.
Shih ‘010 at least suggests first thickness (of first material panel) and the second thickness (of seam) are in a range between about 0.4 mm and about 0.55 mm for L-shape first/second materials in the context of a seam (for shape-- see Fig. 7; Col. 6 Lines 3-11 "wherein each of the base and covering connection surfaces 311, 321 of the base and covering edge joints 31, 32 has a L-shaped cross section to respectively define a base horizontal connection surface 311a and a covering horizontal connection surface 321a. The seam structure 30a of this third alternative mode can also achieve similar advantages such as increasing the connection surface area without increasing the thickness of the foam sheets 21, 22"; for thicknesses-- Col. 1 Lines 49-55 "conventional seam structure…thickness of the foam sheet 11 or 12 must only be varied from 2 mm to 7 mm. No foam sheet thinner than 2mm can be used because it is extremely difficult to firmly glue such thin end edge together"; wherein Shih ‘010 teaches desiring thicknesses below 2 mm, encompassing the range).
Nevertheless, in the case that the prior art of Shih ‘010 lacks sufficient specificity, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shih ‘010’s range of thicknesses from less than 2 mm into between about 0.4 mm and about 0.55 mm and thereby meet the range as claimed, as applicant appears to have placed no criticality on the claimed range (see applicant specification [0209]) and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonnin’s thicknesses, as provided by Kamitsubo, to be in the range recited as taught by Shih ‘010, depending on the degree of insulation desired, such as in order to increase adhesion, waterproofing and insulation, especially in the same art of endeavor as garments (Shih ‘010 Col. 6 Lines 9-11; Col. 2 Lines 20-28), and especially as Shih ‘010’s specifically discloses modifying prior art (Fig. 2) similar to Bonnin (Fig. 4).
Response to Arguments
Applicant’s arguments with respect to claims 14-24, 33-36 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations. Nevertheless, for clarification--
Page 16 of remarks indicate that all specification objections have been addressed, but the remaining specification objections herein are ones that were not addressed from the office action of 1/27/26. No other remarks were provided as to why these objections were not addressed.
Pertaining to remarks on page 19 that Shih (USPN 6514590), herein Shih ‘590, does not teach a seam thickness relationship within +/- 15% of the thickness of the material panels—examiner respectfully disagrees. Fig. 4 clearly shows that the seam thickness is the same as the thickness of the material panels, and therefore within the range of +/-15%.
Pertaining to remarks on page 19 that Shih ‘590 and Shih (USPN 6124010), herein Shih ‘010, do not describe the claimed garment construction because they are rubber or foam sheets—examiner respectfully disagrees. The remarks are piecemeal-- In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Bonnin already taught the garment recitations with a seam, and Shih ‘590 and Shih ‘010 were utilized to teach seam thicknesses. The references are in the same art of endeavor as seams, and furthermore in the same art of endeavor as garments, as outlined in the office action (for example, Claim 15 page 17; Claim 19 page 19).
For compact prosecution, new art Kamitsubo (WO 2019/097869) has been utilized in light of Claims 33 and 35, but that Shih ‘590 and Shih ‘010 could have been utilized otherwise.
Other features that have not yet been claimed include that of Fig. 11B-- the shape of the garment, the back seam 153c/155b, and the seam at mid-strap.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached on 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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