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 5/20/26 has been entered. Claims 1-26, 28, 29, 31-37, 41 remain pending in the application, with claims 18-26, 28, 29, 31-37 remaining withdrawn.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 1/20/26.
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.
Claim Interpretation
See office action 1/20/26 for product by process interpretation of Claim 3.
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.
FIRST REJECTION: Claim(s) 1, 12, 15, 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salemeh et al (US Publication 2022/095704), herein Salemeh, in view of Heinen (USPN 5171182).
Regarding Claim 1, Salemeh 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 abstract "method of making a support garment"; see Fig. 1A: [0079] "Fig. 1 illustrates a custom brassiere front portion"; Salemeh teaches the brassiere which meets the structural limitations in the claims and performs the functions as recited such as being capable of being a supportive for the upper torso) comprising:
a right breast-covering portion and a left breast-covering portion that comprise a multi-layer construction ([see Fig. 1; [0119] "the cups (and optionally the entire brassiere front portion) has a fabric comfort liner connected thereto…comfort liner can be connected to the brassiere cups (directly….) by any suitable technique, such as by stitching, with adhesive"; for multi-layer-- see Fig. 1; [0119] "the cups (and optionally the entire brassiere front portion) has a fabric comfort liner connected thereto…comfort liner can be connected to the brassiere cups (directly….) by any suitable technique, such as by stitching, with adhesive"; [0112] "A left lateral segment (12), a left underlying segment (13), and a left medial segment (14) are connected to the left cup around a peripheral edge portion thereof; and likewise a right medial segment (14′), a right underlying segment (13′), and a right lateral segment (12′) are all connected to the right cup"; [0112] "lateral segment, underlying segment, and medial segments configured as support structures, having a density or stiffness greater than that of the associated cup");
the muti-layer construction comprising a first layer and a second layer (second layer = [0119] at least one liner; first layer = at least one cup and its support structure of lateral, underlying, and medial segment in [0112]);
the first layer comprising a material panel comprising unitary elongated members that converge with one another at nodes to form a grid of cells (see Fig. 5B; [0083] "additively manufactured, single layer, perforated sheets comprising lattice meshes…that may be incorporated into custom garments"; [0134] "mesh unit cells that are connected…by common shared struts (e.g. the lattices of Figs. 5A-5C)"),
wherein a first unit area of the grid of cells comprise a first property (existence of area meets)
and a second unit area of the grid of cells comprises a second property (existence of area meets),
which is different from the first property ([0113] "cups and support structures …connected"; [0113] "Degree of elasticity will be less in the support structures due to the increased density (i.e. decreased pore size…)"); and
the second layer at least partially coupled to a first side of the material panel (see Fig. 1; [0119] "the cups (and optionally the entire brassiere front portion) has a fabric comfort liner connected thereto…comfort liner can be connected to the brassiere cups (directly….) by any suitable technique, such as by stitching, with adhesive").
Salemeh does not explicitly teach and wherein in at least the left breast-covering portion the material panel includes a different amount of stretch in a vertical direction as compared to a horizontal direction.
However, Salemeh discloses wanting to imitate lace (see Fig. 5; [0083]).
Heinen teaches and wherein in at least the left breast-covering portion the material panel includes a different amount of stretch in a vertical direction as compared to a horizontal direction in a lace imitation (see Fig. 1; title "brassiere"; Col. 3 Lines 40-44 "The frontal panel 14...formed of a material that is non-stretchable in a vertical direction, and, which has controlled stretchability in horizontal directions, as indicated by the diagrams 15"; Col. 4 Lines 31-40 "frontal panel portions...provide...breast cups that are of sufficient strength and resistance to horizontal stretching for them to support substantially the entire weight of the contained breast, and, additionally, provide for control of the movement of the respective breasts in lateral directions relative to the torso"; Col. 4 Lines 44-51 "this support of the weight of the breasts...to provide an uplifting of the breasts, and, the movement of breast tissue in excess of the volumetric capacity of the laterally outer reinforced portions of the breast cups, upwardly and towards the vertical center line of the brassiere, thus to provide a flattering packing of the frontal panel 14"; Col. 4 Lines 56-58 "frontal panel 14...each can be fabricated from a lace-like material").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Salemeh’s breast covering portion(s) with the stretch as taught by Heinen in order to provide desired breast support (Col. 4 Lines 31-51), especially being in the same art of endeavor as brassieres, furthermore in brassieres imitating lace.
Regarding Claim 12, modified Salemeh teaches all the claimed limitations as discussed above in Claim 1.
Salemeh further teaches wherein, in the right breast-covering portion and in the left breast-covering portion, an inner facing side of the material panel and an inner facing side of the second layer are concave (see Fig. 3 for concavity),
relative to a center bridge positioned between the right breast-covering portion and the left breast-covering portion (see Fig. 1 relative to bridge).
Regarding Claim 15, modified Salemeh teaches all the claimed limitations as discussed above in Claim 1.
Salemeh further teaches wherein the material panel is coupled via stitches to the second layer (see Fig. 1; [0119] "the cups (and optionally the entire brassiere front portion) has a fabric comfort liner connected thereto…comfort liner can be connected to the brassiere cups (directly….) by any suitable technique, such as by stitching, with adhesive").
Regarding Claim 41, modified Salemeh teaches all the claimed limitations as discussed above in Claim 1.
Heinen further teaches wherein the vertical direction comprises, as compared to the horizontal direction, a lesser amount of stretch (see Fig. 1; title; Col. 3 Lines 40-44).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salemeh et al (US Publication 2022/095704), herein Salemeh, in view of Heinen (USPN 5171182), as applied to the FIRST REJECTION above, further in view of Farmer et al (USPN 11692304), herein Farmer.
Regarding Claim 14, modified Salemeh teaches all the claimed limitations as discussed above in Claim 1.
Salemeh further teaches wherein the material panel is coupled via an adhesive to the second layer (see Fig. 1; [0119] "the cups (and optionally the entire brassiere front portion) has a fabric comfort liner connected thereto…comfort liner can be connected to the brassiere cups (directly….) by any suitable technique, such as by stitching, with adhesive").
Salemeh does not explicitly teach that the adhesive is hotmelt.
Farmer teaches that the adhesive is hotmelt (see Fig. 4; Col. 17 Line 64-Col. 18 Line 6 "Fig. 4 shows a brassiere ...that can include the film to alter the garment's stress profile. The brassiere includes…two breast cup portions 6 and 10...includes a film 12...film 8...for shaping and support"; Col. 19 Lines 23-29 "an adhesive may be used to attach a film to a fabric or foam layer. Examples of suitable adhesives include, but are not limited to, thermoset or thermoplastic adhesives, pressure sensitive adhesives, hot melt adhesives, and combinations thereof. The adhesive may be used to adhere layers and may be applied to any of the fabric, foam, fabric laminate or film").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Salemeh’s adhesive to be hotmelt as taught by Farmer based on availability, especially as Farmer teaches hotmelt is a known type of adhesive for cup layers.
Claim(s) 16, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salemeh et al (US Publication 2022/095704), herein Salemeh, in view of Heinen (USPN 5171182), as applied to the FIRST REJECTION above, further in view of Yip (USPN 9474309), herein Yip.
Regarding Claim 16, modified Salemeh teaches all the claimed limitations as discussed above in Claim 15.
Salemeh further teaches wherein the material panel is coupled to the second layer via the stitches (see Fig. 1; [0119] "the cups (and optionally the entire brassiere front portion) has a fabric comfort liner connected thereto…comfort liner can be connected to the brassiere cups (directly….) by any suitable technique, such as by stitching, with adhesive").
Salemeh does not explicitly teach wherein the stitches are in combination with one or more additional couplings.
Yip teaches wherein stitches are in combination with one or more additional couplings in a bra (see Figs. 1, 6-9; Col. 3 Lines 51-52 "bra part 10 includes a first garment portion 12 and a second garment portion 14"; Col. 4 Lines 41-43 "first garment portion 12 and the second garment portion 14 each includes an outer layer 30, an inner layer 40"; Col. 4 Lines 45-47 "each of the outer layer 30 and the inner layer 40 includes a fabric layer 32, 42 attached to another fabric layer, such as a respective foam layer 34, 44"; Col. 4 Lines 57-62 "the fabric layers 32, 42 can be attached to the respective foam layers 34, 44 by adhesion by using adhesive, heat lamination, ultrasonic adhesion, stitching or any combination thereof").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Salemeh’s cup layers to be stitched in combination with at least adhesive as taught by Yip as a known effective securement for brassiere layers.
Regarding Claim 17, modified Salemeh teaches all the claimed limitations as discussed above in Claim 16.
Modified Salemeh further teaches wherein the one or more additional couplings comprise an adhesive, a thermal bond, or a combination thereof (see rejection of Claim 16 with Yip).
SECOND REJECTION: Claim(s) 1-9, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Busbee et al (US Publication 2019/0246741), herein Busbee, in view of Salemeh et al (US Publication 2022/095704), herein Salemeh, and Heinen (USPN 5171182).
Regarding Claim 1, Busbee 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. 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)"; [0120] “Fig. 20 illustrates a bra with…graded elements”; Busbee teaches the cup which meets the structural limitations in the claims and performs the functions as recited such as being capable of being supportive for an upper-torso) comprising:
a breast-covering portion that comprise a multi-layer construction ([0063] "cage structure that covers at least a portion of a bra cup"; [0036] "FIG. 20 illustrates a non-limiting example of an article comprising a bra cup having a curved elongate element comprising a gradient in a property (e.g., stiffness, with a stiffer portion near a base of the cup and a softer portion near a top of the cup)"; [0120] indicates a bra, and therefore right/left cups; for multi-layer-- [0054] " the cage structure is adhered to a substrate (e.g., a textile) in the absence of a separate adhesive"; "the cage structure both acts as a structural element (e.g., holding the substrate in a particular shape) and self-adheres to the substrate 210 (see, e.g., FIG. 7)");
the muti-layer construction comprising a first layer and a second layer ([0054] first layer being the cage structure; the second layer being the textile substrate 210);
the first layer comprising a material panel comprising unitary elongated members that converge with one another at nodes to form a grid of cells (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 the existence of the cage structure indicates a material panel),
wherein a first unit area of the grid of cells comprise a first property (existence of the area meets)
and a second unit area of the grid of cells comprises a second property (existence of the area meets),
which is different from the first property ([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"; wherein stiffness is a property, see [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"); and
the second layer at least partially coupled to a first side of the material panel ([0054] " the cage structure is adhered to a substrate (e.g., a textile) in the absence of a separate adhesive"; "the cage structure both acts as a structural element (e.g., holding the substrate in a particular shape) and self-adheres to the substrate 210 (see, e.g., FIG. 7)").
Busbee does not explicitly teach that the breast-covering portion/cup of the garment is a right breast-covering portion and a left breast-covering portion.
Salemeh teaches wherein a cup/breast-covering portion is of a right breast-covering portion and a left breast-covering portion of an upper-torso garment (see Fig. 1; [0119] "the cups (and optionally the entire brassiere front portion) has a fabric comfort liner connected thereto…comfort liner can be connected to the brassiere cups (directly….) by any suitable technique, such as by stitching, with adhesive").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Busbee’s cup to be of left/right portions of an upper-torso garment as taught by Salemeh as a well-known arrangement for bra cups, especially as Busbee teaches its cup being of a bra.
Modified Busbee further does not explicitly teach and wherein in at least the left breast-covering portion the material panel includes a different amount of stretch in a vertical direction as compared to a horizontal direction.
Heinen teaches and wherein in at least the left breast-covering portion the material panel includes a different amount of stretch in a vertical direction as compared to a horizontal direction in a lace imitation (see Fig. 1; title "brassiere"; Col. 3 Lines 40-44 "The frontal panel 14...formed of a material that is non-stretchable in a vertical direction, and, which has controlled stretchability in horizontal directions, as indicated by the diagrams 15"; Col. 4 Lines 31-40 "frontal panel portions...provide...breast cups that are of sufficient strength and resistance to horizontal stretching for them to support substantially the entire weight of the contained breast, and, additionally, provide for control of the movement of the respective breasts in lateral directions relative to the torso"; Col. 4 Lines 44-51 "this support of the weight of the breasts...to provide an uplifting of the breasts, and, the movement of breast tissue in excess of the volumetric capacity of the laterally outer reinforced portions of the breast cups, upwardly and towards the vertical center line of the brassiere, thus to provide a flattering packing of the frontal panel 14"; Col. 4 Lines 56-58 "frontal panel 14...each can be fabricated from a lace-like material").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Busbee’s breast covering portion(s) with the stretch as taught by Heinen in order to provide desired breast support (Col. 4 Lines 31-51), especially being in the same art of endeavor as brassieres.
Regarding Claim 2, modified Busbee teaches all the claimed limitations as discussed above in Claim 1.
Busbee further teaches wherein the first property comprises, as compared to the second property, one or more of a different stretch property, a different cell size, a different cell shape, and a different cell density ([0051] cell size/shape for pore size; [0051] pore concentration for density).
Regarding Claim 3, modified Busbee teaches all the claimed limitations as discussed above in Claim 1.
Busbee teaches wherein the unitary elongated members comprise unitary elongated 3-D printed extrudates or unitary elongated castings ([0080] “cage structure is printed (e.g. 3D printed)…printing comprises extrusion”; Busbee already teaches unitary elongated members, see rejection of Claim 1, see Fig. 7 for unitary; nevertheless, see claim interpretation; the recitation “3-D printed extrudates, castings, or any combination thereof” is being treated as a product-by-process limitation. Therefore, even if Busbee’s methods results in different structural characteristics of the end product than other unitary elongated member-forming methods, it still would have been prima facie obvious at the time the invention was made to use the method of Busbee above as claimed since such a process is a well-known technique in the art; in other words, the unitary elongated members of Busbee teaches the 3-D printed extrudates or castings of Claim 3 because it has the structure of Claim 3; see also extrinsic evidence McKeen et al USPN 10390571 as casting cage structures is a known process in the art).
Regarding Claim 4, modified Busbee teaches all the claimed limitations as discussed above in Claim 1.
Busbee further teaches wherein the unitary elongated members comprise a substantially homogenous material ([0051] " wherein the cage structure comprises a single integrated material”).
Regarding Claim 5, modified Busbee teaches all the claimed limitations as discussed above in Claim 4.
Busbee further teaches wherein the substantially homogenous material comprises an elastomer ([0045] "elongate element of the cage structure comprises a polymer. The polymer may comprise…a thermoplastic polyurethane", wherein it is known in the art that TPU is an elastomer, furthermore in light of Claim 6 depending on Claim 5).
Regarding Claim 6, modified Busbee teaches all the claimed limitations as discussed above in Claim 5.
Busbee further teaches wherein the substantially homogenous material comprises a polyurethane ([0045] "elongate element of the cage structure comprises a polymer. The polymer may comprise…a thermoplastic polyurethane").
Regarding Claim 7, modified Busbee teaches all the claimed limitations as discussed above in Claim 5.
Busbee further teaches wherein the substantially homogenous material comprises a thermoplastic polyurethane ([0045] "elongate element of the cage structure comprises a polymer. The polymer may comprise…a thermoplastic polyurethane").
Regarding Claim 8, modified Busbee teaches all the claimed limitations as discussed above in Claim 1.
Busbee further teaches wherein the second layer comprises one or more of a knit textile, a woven textile, and a non-woven textile ([0054] "at least a portion of the cage structure is attached to a substrate (e.g., a textile) 210 (see e.g., Fig. 6)...textile comprises a nonwoven textile 500 (see, e.g., Fig. 9), a woven textile 400 (see, e.g., Fig. 8), a knit textile, or a combination thereof"; [0055] In some embodiments, the substrate (e.g., textile) is made at least in part from naturally occurring material (e.g., cotton, cellulose, silk) or synthetic material (e.g., a synthetic polymer, e.g., a polyester, a nylon, a polyether-polyurea copolymer such as spandex, expanded polytetrafluoroethylene). The substrate (e.g., textile) in some embodiments comprises a metal").
Regarding Claim 9, modified Busbee teaches all the claimed limitations as discussed above in Claim 1.
Busbee further teaches wherein the second layer comprises a knit textile ([0054] "at least a portion of the cage structure is attached to a substrate (e.g., a textile) 210 (see e.g., Fig. 6)...textile comprises a nonwoven textile 500 (see, e.g., Fig. 9), a woven textile 400 (see, e.g., Fig. 8), a knit textile, or a combination thereof"; [0055] In some embodiments, the substrate (e.g., textile) is made at least in part from naturally occurring material (e.g., cotton, cellulose, silk) or synthetic material (e.g., a synthetic polymer, e.g., a polyester, a nylon, a polyether-polyurea copolymer such as spandex, expanded polytetrafluoroethylene). The substrate (e.g., textile) in some embodiments comprises a metal"),
and wherein, the knit textile and the material panel comprise different stretch properties (the materials of the knit textile and material panel are different and therefore have different properties; material of knit textile/second layer—see [0054], [0055] above; for material of material panel/first layer-- [0045] "elongate element of the cage structure comprises a polymer. The polymer may comprise…a thermoplastic polyurethane").
Regarding Claim 13, modified Busbee teaches all the claimed limitations as discussed above in Claim 1.
Busbee further teaches wherein the material panel is coupled directly to the second layer ([0054] " the cage structure is adhered to a substrate (e.g., a textile) in the absence of a separate adhesive"; "the cage structure both acts as a structural element (e.g., holding the substrate in a particular shape) and self-adheres to the substrate 210 (see, e.g., FIG. 7)").
Claim(s) 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Busbee et al (US Publication 2019/0246741), herein Busbee, in view of Salemeh et al (US Publication 2022/095704), herein Salemeh, and Heinen (USPN 5171182), as applied to the SECOND REJECTION above, further in view of Oneyear et al (USPN 6824445), herein Oneyear, and Chhaya et al (USPN 11529227), herein Chhaya.
Regarding Claim 10, modified Busbee teaches all the claimed limitations as discussed above in Claim 9.
Busbee already teaches wherein the knit textile comprises wales and courses (all knits comprise wales and courses).
Busbee does not explicitly teach that the knit textile is a weft knit textile.
Oneyear teaches a weft knit textile (see Figs. 3, 4; Col. 3 Lines 2-3 "brassiere 100 has a pair of breast cups...20"; Col. 4 Lines 27-28 "inner cup liner 65 may be a woven, warp knitted, or weft knitted fabric").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Busbee’s knit textile to be weft (as opposed to warp) depending on the degree of stretchability desired, as known in the art (see extrinsic evidence Biggs et al US Publication 2007/0293937).
Modified Busbee does not explicitly teach and wherein, as compared to the unitary elongated members, the wales comprise a different longitudinal orientation.
However, modified Busbee already teaches members of a first layer (unitary elongated members of cage structure) and members of second layer (wales of knit textile, made weft by Oneyear) in a breast-related cup.
Chhaya teaches wherein the members of a first layer, as compared to members of a second layer, comprise a different longitudinal orientation in a breast-related cup (see Figs. 2D, 2G; "abstract "implant for insertion…comprises a plurality of unit cells arranged to form a three-dimensional lattice structure"; Col. 5 Lines 50-51 “implant 101 may be derived based on a construction volume (The desired or required volume) of a breast to the be constructed by the implant 101”; Col. 8 Lines 60-64 "Each lateral layer 126 of unit cells may include a first sublayer 136A (or a first group of sublayers) comprising lines 128 oriented in a first direction, and a second sublayer 136B (or second group of sublayers) of lines 129 oriented in a second direction different to the first direction"; Col. 4 Line 66-Col. 5 Line 17 "Each unit cell 102 of the plurality of unit cells may 102 include, and/or may be formed from intersecting (or e.g. criss-crossing) lines of the plurality of lines forming and/or defining the individual unit cells 102 (e.g. forming walls enclosing the individual unit cells). The plurality of lines may form and/or contribute to the overall mesh-like three-dimensional lattice structure 101. The intersecting lines may be arranged, so that each unit cell 102 formed from the intersecting lines may include or may be referred to as a pore, having a pore size. Thus, the plurality of intersecting lines may form or define the plurality of pores of the unit cell 102. For example, the intersecting lines may form or define a geometry (e.g. shape, dimension, pore size) of the individual unit cells 102 (e.g. each unit cell 102) of the three-dimensional structure 101. The plurality of unit cells 102 may be arranged to form the porous network of the three-dimensional structure 101. The porous network may refer to (and/or may include) the pores of the plurality of unit cells 102 within the three-dimensional structure 101”; Col. 14 Lines 4-6 "The compressibility of the three-dimensional structure 101 of the implant may be based on (or e.g. proportional to) the bulk porosity and/or total void space of the implant").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Busbee's breast-related layers to be at different orientations as taught by Chhaya in order to control the porosity of formed lattice structures, and therefore the compressibility (Col. 14 Lines 4-6), and thereby meet the recitation.
Regarding Claim 11, modified Busbee teaches all the claimed limitations as discussed above in Claim 10.
Modified Busbee at least suggests wherein the different longitudinal orientation of the wales is, as compared to the unitary elongated members, more aligned in a superior-inferior orientation of the upper-torso support garment (see rejection of Claim 10 wherein modified Busbee is capable of such an orientation).
Especially absent a showing of criticality with respect to which layer is more aligned ([0236] of application), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Busbee to be of the orientation as recited based on where the porosity is desired, especially as there are a finite number of solutions without unexpected results.
Response to Arguments
Applicant’s arguments with respect to claims 1-17, 41 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.
Conclusion
The prior art made of record and not relied upon but is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Gibbs et al (GB 2507784), Solotoff (USPN 9918499), Hall (USPN 5211598), Robbins (USPN 2632167), Semons (USPN 2211549), Fleischman (USPN 5944579), Kuznetz (USPN 4341219), Burton et al (USPN 12419364) directed to breast-covering portion with horizontal stretch greater than vertical stretch; Hirakubo (USPN 10897934), Stern et al (USPN 4655224), Novitsky et al (USPN 5167566) directed to breast-covering portion with differing amounts of stretch in vertical/horizontal directions; Liotus (US Publication 2023/0189901), Smyczek et al (USPN 12137753) directed to values of stretch in the horizontal/vertical directions at a breast-covering portion.
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.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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