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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/09/2026 has been entered.
Response to Amendment
Applicant’s amendment of 07/09/2026 is acknowledged.
Claims 1-12 and 18-24 are presented.
Claims 1 and 18 are presented in independent form and are amended
The present Office action treats claims 1-12 and 18-24 on the merits.
The present Office action is a non-final rejection.
Response to Arguments
Applicant’s REMARKS of 07/09/2026 (see p. 8-14 of the reply) are fully considered.
Regarding Rejections – 35 U.S.C. § 112 (p. 8): Applicant’s arguments are fully considered but are moot insofar as the cancelation of claims 13-17 renders the 35 USC 112 rejections thereof as applied in the previous Office action moot.
Regarding Rejections – 35 U.S.C. § 102 (p. 8-13): Applicant’s arguments are fully 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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Gordon, WO-9618315-A1, newly cited] in view of [Miller, US 2,542,044, newly cited] and [Park, KR-100844977-B1, newly cited].
Regarding claim 1:
Gordon discloses (Figs. 3-8):
Underwear 29, comprising:
a body 101, 102 (i.e. the combined 101 and 102) having a front portion 101 and a rear portion 102;
a band 32, wherein the band and one 101 (i.e. front portion 101) of the front portion and the rear portion collectively define an adjustable waistband (via at least “drawing” one or both ends thereof through one or both of 34 as described in p. 11 lines 27-28 so as to decrease waistband circumference; via at least extending one or both ends thereof back through one or both of 34 in the reverse manner to the “drawing” described in p. 11 lines 27-28 so as to increase waistband circumference) when the other 102 (i.e. rear portion 102) of the front portion and the rear portion is detached from the band (as in Fig. 3) so as to enable a user to adorn the underwear from overhead (the underwear is capable of being adorned as claimed when in the configuration of Fig. 3, for example by sliding the waistband over top of a wearer’s head and arms so as to provide the waistband at waist level thereafter; it is noted the underwear will fit wearers of different sizes differently such that the limitation is met);
at least one coupling portion 34 disposed at a lateral side of the body, wherein the at least one coupling portion 34 is slidably engaged with the band (band 32 is capable of being drawn through coupling portion 34 (p. 11 lines 27-30) such that coupling portion 34 is slidably engaged with band 32);
a first waistband fastener 51 disposed on the free end of the band and a corresponding second waistband fastener 52 disposed on the band for at least partially securing the waistband around the waist of the user (p. 11 lines 28-30; Figs. 3 and 7).
Gordon does not expressly disclose a retaining feature disposed at a free end of the band, wherein the retaining feature is configured to prevent the free end of the band from sliding past the at least one coupling portion.
Miller teaches and within the context of “apparel belts, suspenders and shoulder straps” (col. 5 lines 2-3) a retaining feature 21 disposed at a free end 20 of a band 19 wherein the retaining feature 21 is configured to prevent the free end of the band from sliding past (col. 3 lines 20-24) a coupling portion 1.
Miller further teaches “the end of said strap portion 20 may...provide a stop 21 to prevent complete disengagement of the strap end portion from the buckle 1.¶...slack in the strap...may be taken up and the strap...tightened...by grasping the free end 20...and pulling the same through the buckle” (col. 3 lines 20-31).
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 underwear of Gordon such that a retaining feature disposed at a free end of the band, wherein the retaining feature is configured to prevent the free end of the band from sliding past the at least one coupling portion in order to permit slackening of the waistband whilst preventing complete disengagement of the band from the coupling portion, as suggested by Miller (col. 3 lines 20-31).
Gordon does not expressly disclose a first body fastener disposed on the other of the front portion and the rear portion and a corresponding second body fastener disposed on the band for securing the other of the front portion and the rear portion to the band.
In further view of Gordon: Gordon does teach that in the process of donning the garment, the rear portion 102 “is raised to the level of the” band 32 (p. 12 lines 25-26).
Gordon as embodied in Figs. 2A-2D shows a similar rear portion 14 raised to a level of a band 18 wherein the rear portion 14 and the band 18 appear to be provided in an overlapping relationship with each other.
However, Gordon Figs. 3-8 does not expressly disclose any fastener(s) on band 32 that other than the pair of first waistband fasteners 51, 51 and the pair of second waistband fasteners 52, 52 which, as stated above, are for at least partially securing the waistband around the waist of the user such that Gordon Figs. 3-8 does not meet the limitation “a first body fastener disposed on the other of the front portion and the rear portion and a corresponding second body fastener disposed on the band for securing the other of the front portion and the rear portion to the band”.
Park teaches an underwear 100 wherein a first body fastener 412 is disposed on a front portion 110 (“velcro tape 412...provided on the front plate 110 of the panty”; para 34) and a corresponding second body fastener 411 disposed on a band (“correspond to the...velcro tape 411” “velcrotape 411 is provided on one surface of the waist band 400”; para 34) for securing front portion to the band (Abstract; paras 34-35; para 52).
Park further teaches the front portion 110 is “fastened...by bonding the Velcrotapes 412 and 411” while the “panty side is then secondarily fastened” (para 35); “belcrotapes (412, 411)...firstly fasten the front and back plates...Secondarily fastening the...panty sides...results in a full state panty” (para 52).
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 Gordon such that a first body fastener disposed on the other of the front portion and the rear portion and a corresponding second body fastener disposed on the band for securing the other of the front portion and the rear portion to the band in order to permit the fastening of the rear portion 102 to the band 32 of Gordon and to hold the combined rear portion 102 and band 32 in place prior to fastening the lateral side fastening assemblies 38 thereof (as described in Gordon p. 10 line 21- p. 11 line 17 and shown fastened in Fig. 4), as taught by Park (para 52).
and/or
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 Gordon such that a first body fastener disposed on the other of the front portion and the rear portion and a corresponding second body fastener disposed on the band for securing the other of the front portion and the rear portion to the band in order to yield the predictable result of an underwear whose rear portion 102 and band 32 are capable of being fastened together via the first and second body fasteners for the purpose of securely holding the rear portion and band together around the waist at the location of the combined first and second body fasteners for the purpose of at least one of: providing modesty to the wearer by preventing the formation of gap(s) between the rear portion and the band at the location of the combined first and second body fasteners; preventing drafty air ingress by preventing the formation of gap(s) between the rear portion and the band at the location of the combined first and second body fasteners; maintaining the relative superposed positioning of both the rear portion and the band, as appears to be the case in Gordon Figs. 2B-2D, at the location of the combined first and second body fasteners during body movement when the undergarment is worn and the first and second body fasteners are fastened due to the rear portion and the band being securely held together at the location of the combined first and second body fasteners.
Regarding claim 2:
Gordon in view of Miller and Park teach The underwear of claim 1, as set forth above.
The modified Gordon further meets the limitation wherein the first body fastener and the corresponding second body fastener are configured to secure the front portion to the band.
(In applying art to claim 1 above, element 102 is mapped to the claimed “rear portion”, and the first body fastener and corresponding second body fastener are configured to secure portion 102 to the band; see above treatment of claim 1. An equally valid interpretation is to consider 102 to be the front portion and 101 to be the rear portion insofar as the underwear of Gordon is capable of being donned by a wearer with 102 on either his front or his rear in the manner evidenced by extrinsic reference [Vanderburgh, US 2012/0317700] at para [0061] thereof which describes wearing an underwear (“pants”) “”backwards” so that the...front portion 44 is now covering the buttocks...and the...rear portion 42 covers the wearer’s front” (para 61). In other words, Gordon comprises a body 101, 102 with: 101 being a front portion and 102 being a rear portion as one interpretation of Gordon or with:101 being a rear portion and 102 being a front portion being an equally valid interpretation of Gordon. Accordingly, insofar as 102 and 32 are capable of being fastened together via the first and second body fasteners as explained in above treatment of claim 1, the modified Gordon as applied to claim 1 also meets claim 2 limitations).
Regarding claim 3:
Gordon in view of Miller and Park teach The underwear of claim 1, as set forth above.
Gordon further discloses wherein the free end of the band is pulled or retracted relative to the body to tighten or loosen the waistband (via the “drawing” of the free end as described in p. 11 line 27 so as to tighten and via the opposite of the drawing of the free end so as to loosen).
Regarding claim 4:
Gordon in view of Miller and Park teach The underwear of claim 1, as set forth above.
Gordon further discloses comprising a third waistband fastener 51 (i.e. the other of 51) disposed on an opposite free end of the band and a corresponding fourth waistband fastener 52 (i.e. the other of 52) disposed on the band for at least partially securing the waistband around the waist of the user (in the same manner as described above in relation to first and second waistband fasteners).
Regarding claim 5:
Gordon in view of Miller and Park teach The underwear of claim 4, as set forth above.
Gordon further discloses wherein the first waistband fastener disposed on the free end of the band engages with the corresponding second waistband fastener on the band on a first side of the body to achieve a partially fastened configuration of the waistband around the waist of the user, and
wherein the third waistband fastener on the opposite free end of the band engages with the fourth waistband fastener disposed on a second side of the body opposite the first side to achieve a fully fastened configuration of the waistband around the waist of the user.
(Gordon is configured such that first and second waistband fasteners are capable of fastening together when third and fourth waistband fasteners are not fully fastened together to achieve a partially fastened configuration and then, subsequently, third and fourth waistband fasteners are capable of being fastened together while the first and second waistband fasteners are fastened together to achieve a fully fastened configuration.)
Regarding claim 6:
Gordon in view of Miller and Park teach The underwear of claim 4, as set forth above.
Gordon further discloses wherein the first waistband fastener disposed on the free end of the band and the third waistband fastener disposed on the opposite free end of the band are configured to engage with the corresponding second and fourth waistband fasteners disposed on the band at an anterior portion of the waist of the user (as in Fig. 3 and Fig. 7 wherein the encircled region of Fig. 3 that is shown in Fig. 7 is configured to be disposed at an anterior portion of the waist of the user; it is further noted the term “at” means “In or near the area occupied by; in or near the location of” at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved July 21 2026 from https://www.thefreedictionary.com/at and it is further noted that the underwear will fit wearers of different sizes and body shapes differently such that the limitation is met).
Regarding claim 7:
Gordon in view of Miller and Park teach The underwear of claim 1, as set forth above.
The modified Gordon further meets the limitation wherein the other of the front portion and the rear portion and the band are movable between a fastened configuration and an unfastened configuration independent of a configuration of the first and second waistband fasteners.
(portion 102 is capable of being folded up towards band 32 such that first and second body fasteners of the modified underwear can fasten to each other in between a fastened configuration and an unfastened configuration whether or not first and second waistband fasteners 51, 52 are connected to each other).
Regarding claim 8:
Gordon in view of Miller and Park teach The underwear of claim 1, as set forth above.
Gordon further discloses wherein the at least one coupling portion comprises a first coupling portion 34 (i.e. one of 34) disposed at a first lateral side of the body and a second coupling portion 34 (i.e. the other of 34) disposed at a second lateral side of the body, wherein the band slides through at least one of the first coupling portion and the second coupling portion as the waistband is tightened or loosened (via the “drawing” of the free end as described in p. 11 line 27 so as to tighten and via the opposite of the drawing of the free end so as to loosen).
Regarding claim 9:
Gordon in view of Miller and Park teach The underwear of claim 8, as set forth above.
Gordon further discloses wherein an opposite free end of the band engages with the second coupling portion (p. 11 lines 28-30; Figs. 3 and 7).
Regarding claim 10:
Gordon in view of Miller and Park teach The underwear of claim 9, as set forth above.
Gordon does not expressly disclose comprising a second retaining feature disposed at the opposite free end of the band, wherein the second retaining feature is configured to prevent the opposite free end of the band from sliding past the second coupling portion.
Miller teaches and within the context of “apparel belts, suspenders and shoulder straps” (col. 5 lines 2-3) a retaining feature 21 disposed at a free end 20 of a band 19 wherein the retaining feature 21 is configured to prevent the free end of the band from sliding past (col. 3 lines 20-24) a coupling portion 1.
Miller further teaches “the end of said strap portion 20 may...provide a stop 21 to prevent complete disengagement of the strap end portion from the buckle 1.¶...slack in the strap...may be taken up and the strap...tightened...by grasping the free end 20...and pulling the same through the buckle” (col. 3 lines 20-31).
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 underwear of Gordon such that a second retaining feature disposed at the opposite free end of the band, wherein the second retaining feature is configured to prevent the opposite free end of the band from sliding past the second coupling portion in order to permit slackening of the waistband whilst preventing complete disengagement of the band from the coupling portion, as suggested by Miller (col. 3 lines 20-31).
Regarding claim 11:
Gordon in view of Miller and Park teach The underwear of claim 1, as set forth above.
Gordon further discloses wherein the first waistband fastener and the corresponding second waistband fastener comprise a hook and loop fastener (“loop and hook”; “hook and loop”; p. 11 lines 23-30), a hook and eye fastener, a magnetic fastener, a clasp fastener, a button fastener, a latch fastener, an adhesive, a tie, or a snap fastener.
Regarding claim 12:
Gordon in view of Miller and Park teach The underwear of claim 1, as set forth above.
As applied to claim 1 above, the modified Gordon does not meet the limitation wherein the first body fastener and the second body fastener comprise a hook and loop fastener, a hook and eye fastener, a magnetic fastener, a clasp fastener, a button fastener, a latch fastener, an adhesive fastener, a tie fastener, or a snap fastener.
However and in further view of Park:
Park teaches an underwear 100 wherein a first body fastener 412 is disposed on a front portion 110 (“velcro tape 412...provided on the front plate 110 of the panty”; para 34) and a corresponding second body fastener 411 disposed on a band (“correspond to the...velcro tape 411” “velcrotape 411 is provided on one surface of the waist band 400”; para 34) for securing front portion to the band (Abstract; paras 34-35; para 52), the first body fastener and the second body fastener comprise a hook and loop fastener (“velcro” wherein it is noted the Applicant states Velcro is an example of a hook and loop fasteners; see para [0048] as filed).
Park further teaches the front portion 110 is “fastened...by bonding the Velcrotapes 412 and 411” while the “panty side is then secondarily fastened” (para 35); “belcrotapes (412, 411)...firstly fasten the front and back plates...Secondarily fastening the...panty sides...results in a full state panty” (para 52).
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 Gordon such that the first body fastener and the second body fastener comprise a hook and loop fastener in order to achieve the capability of hold the combined rear portion 102 and band 32 in place prior to fastening the lateral side fastening assemblies 38 thereof and/or securely holding the rear portion and band together around the waist at the location of the combined first and second body fasteners for the purpose of at least one of: providing modesty to the wearer by preventing the formation of gap(s) between the rear portion and the band at the location of the combined first and second body fasteners; preventing drafty air ingress by preventing the formation of gap(s) between the rear portion and the band at the location of the combined first and second body fasteners; maintaining the relative superposed positioning of both the rear portion and the band, as appears to be the case in Gordon Figs. 2B-2D, at the location of the combined first and second body fasteners during body movement when the undergarment is worn and the first and second body fasteners are fastened due to the rear portion and the band being securely held together at the location of the combined first and second body fasteners via the hook and loop fastening afforded thereby.
Claim(s) 18-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Gordon, WO-9618315-A1, newly cited] in view of [Miller, US 2,542,044, newly cited], [Park, KR-100844977-B1, newly cited], and [Neilson, US 3,094,990, newly cited].
Regarding claim 18:
Gordon discloses (p. 9-13; Figs. 3-8):
A method of donning underwear 29 on a lower body of a user, the method comprising:
adorning an adjustable waistband 32, 101 (i.e. the combined 32 and 101) of the underwear around a waist of the user (p. 12 lines 7-11), wherein the waistband is collectively defined by a band 32 of the underwear and one of a front portion and a rear portion 101 of a body 101, 102 of the underwear when the other of the front portion and the rear portion 102 is detached from the band (p. 12 lines 23-25); pulling (p. 11 lines 27-28; p. 12 lines 6-9) a free end of the band in a lateral direction such that the band slides through a coupling portion 34 disposed at a lateral side of one of the front portion and the rear portion, wherein pulling the free end of the band tightens the waistband around the waist (p. 11 lines 27-28; p. 12 lines 6-9);
securing (p. 11 lines 28-30; Figs. 3 and 7) a first waistband fastener 51 disposed on the free end of the band to a corresponding second waistband fastener 52 disposed on the band to at least partially secure the waistband around the waist of the user (p. 11 lines 28-30; p. 12 lines 5-9; Figs. 3 and 7).
Gordon does not expressly disclose and wherein the free end of the band comprises a retaining feature that prevents the free end of the band from sliding past the coupling portion in a medial direction.
Miller teaches and within the context of “apparel belts, suspenders and shoulder straps” (col. 5 lines 2-3) a retaining feature 21 disposed at a free end 20 of a band 19 wherein the retaining feature 21 is configured to prevent the free end of the band from sliding past (col. 3 lines 20-24) a coupling portion 1.
Miller further teaches “the end of said strap portion 20 may...provide a stop 21 to prevent complete disengagement of the strap end portion from the buckle 1.¶...slack in the strap...may be taken up and the strap...tightened...by grasping the free end 20...and pulling the same through the buckle” (col. 3 lines 20-31).
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 method of of Gordon such that wherein the free end of the band comprises a retaining feature that prevents the free end of the band from sliding past the coupling portion in a medial direction in order to yield a method that permits slackening of the waistband whilst preventing complete disengagement of the band from the coupling portion, as suggested by Miller (col. 3 lines 20-31).
Gordon does not expressly disclose securing a first body fastener disposed on the other of the front portion and the rear portion to a corresponding second body fastener disposed on the band.
In further view of Gordon: Gordon does teach that in the process of donning the garment, the rear portion 102 “is raised to the level of the” band 32 (p. 12 lines 25-26).
Gordon as embodied in Figs. 2A-2D shows a similar rear portion 14 raised to a level of a band 18 wherein the rear portion 14 and the band 18 appear to be provided in an overlapping relationship with each other.
However, Gordon Figs. 3-8 does not expressly disclose any fastener(s) on band 32 that other than the pair of first waistband fasteners 51, 51 and the pair of second waistband fasteners 52, 52 which, as stated above, are for at least partially securing the waistband around the waist of the user such that Gordon Figs. 3-8 does not meet the limitation “a first body fastener disposed on the other of the front portion and the rear portion and a corresponding second body fastener disposed on the band for securing the other of the front portion and the rear portion to the band”.
Park teaches an underwear 100 wherein a first body fastener 412 is disposed on a front portion 110 (“velcro tape 412...provided on the front plate 110 of the panty”; para 34) and a corresponding second body fastener 411 disposed on a band (“correspond to the...velcro tape 411” “velcrotape 411 is provided on one surface of the waist band 400”; para 34) for securing front portion to the band (Abstract; paras 34-35; para 52).
Park further teaches the front portion 110 is “fastened...by bonding the Velcrotapes 412 and 411” while the “panty side is then secondarily fastened” (para 35); “belcrotapes (412, 411)...firstly fasten the front and back plates...Secondarily fastening the...panty sides...results in a full state panty” (para 52).
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 Gordon such that it comprises a step of securing a first body fastener disposed on the other of the front portion and the rear portion to a corresponding second body fastener disposed on the band in order to yield a method that permits the fastening of the rear portion 102 to the band 32 of Gordon and to hold the combined rear portion 102 and band 32 in place prior to fastening the lateral side fastening assemblies 38 thereof (as described in Gordon p. 10 line 21- p. 11 line 17 and shown fastened in Fig. 4), as taught by Park (para 52).
and/or
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 Gordon such that it comprises a step of securing a first body fastener disposed on the other of the front portion and the rear portion to a corresponding second body fastener disposed on the band in order to yield the predictable result of a method that permits the rear portion 102 and band 32 to be of being fastened together via the first and second body fasteners for the purpose of securely holding the rear portion and band together around the waist at the location of the combined first and second body fasteners for the purpose of at least one of: providing modesty to the wearer by preventing the formation of gap(s) between the rear portion and the band at the location of the combined first and second body fasteners; preventing drafty air ingress by preventing the formation of gap(s) between the rear portion and the band at the location of the combined first and second body fasteners; maintaining the relative superposed positioning of both the rear portion and the band, as appears to be the case in Gordon Figs. 2B-2D, at the location of the combined first and second body fasteners during body movement when the undergarment is worn and the first and second body fasteners are fastened due to the rear portion and the band being securely held together at the location of the combined first and second body fasteners.
Gordon does not expressly disclose adorning the adjustable waistband of the underwear from overhead of the user.
Nielson teaches a method of donning underwear 25 wherein the method comprises a step of adorning a waistband of the underwear from overhead of the user: “The device...is put on the body by stepping through opening 31 to install the waistband around the waist.” Alternatively the underwear 25 “can be pulled down from the top by putting the head and shoulders through the opening” (col. 2 lines 36-42).
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 Gordon such that its step of adorning the adjustable waistband is adorning the adjustable waistband of the underwear from overhead of the user, as in Nielson, in order to yield the predictable result of a method that results in providing the waistband around the waist of the wearer via insertion of head and shoulders therethrough, as suggested by Nielson (col. 2 lines 36-42). One of ordinary skill would have been confronted with one or more decisions as to how, specifically, to practice the step of adorning and would have expected adorning from overhead to result in the waistband being secured around the waist based on the teachings of Nielson.
Regarding claim 19:
Gordon in view of Miller, Park, and Nielson teach The method of claim 18, as set forth above.
The modified Gordon further meets the limitation wherein securing the first body fastener disposed on the other of the front portion and the rear portion to the corresponding second body fastener disposed on the band secures the front portion to the band.
(first body fastener and corresponding second body fastener are secure portion 102 to the band; see above treatment of claim 18. It is valid to consider 102 to be the front portion and 101 to be the rear portion insofar as the underwear of Gordon is capable of being donned by a wearer with 102 on either his front or his rear in the manner evidenced by extrinsic reference [Vanderburgh, US 2012/0317700] at para [0061] thereof which describes wearing an underwear (“pants”) “”backwards” so that the...front portion 44 is now covering the buttocks...and the...rear portion 42 covers the wearer’s front” (para 61). In other words, Gordon comprises a body 101, 102 with: 101 being a front portion and 102 being a rear portion as one interpretation of Gordon or with:101 being a rear portion and 102 being a front portion being an equally valid interpretation of Gordon. Accordingly, insofar as 102 and 32 are fastened together via the first and second body fasteners as explained in above treatment of claim 18, the modified Gordon as applied to claim 18 also meets claim 19 limitations.)
Regarding claim 20:
Gordon in view of Miller, Park, and Nielson teach The method of claim 18, as set forth above.
Gordon further discloses wherein securing at least one of the first waistband fastener disposed on the end of the band to the corresponding second waistband fastener disposed on the band and the first body fastener disposed on the body to the corresponding second body fastener disposed on the band comprises engaging one or more of hook and loop fasteners (“loop and hook”; “hook and loop”; p. 11 lines 23-30), hook and eye fasteners, magnetic fasteners, clasp fasteners, button fasteners, latch fasteners, adhesive fasteners, tie fasteners, or snap fasteners.
Regarding claim 21:
Gordon in view of Miller, Park, and Nielson teach The method of claim 18, as set forth above.
Gordon further discloses comprising securing a third waistband fastener 51 (i.e. the other of 51) disposed on an opposite free end of the band to a corresponding fourth waistband fastener 52 (i.e. the other of 52) disposed on the band to at least partially secure the waistband around the waist of the user (in the same manner as described above in relation to first and second waistband fasteners).
Regarding claim 22:
Gordon in view of Miller, Park, and Nielson teach The method of claim 21, as set forth above.
Gordon further discloses wherein the first waistband fastener disposed on the free end of the band engages with the corresponding second waistband fastener on the band on a first side of the body to achieve a partially fastened configuration of the waistband around the waist of the user, and
wherein the third waistband fastener on the opposite free end of the band engages with the fourth waistband fastener disposed on a second side of the body opposite the first side to achieve a fully fastened configuration of the waistband around the waist of the user.
(Gordon is configured such that first and second waistband fasteners are capable of fastening together when third and fourth waistband fasteners are not fully fastened together to achieve a partially fastened configuration and then, subsequently, third and fourth waistband fasteners are capable of being fastened together while the first and second waistband fasteners are fastened together to achieve a fully fastened configuration.)
Gordon does not expressly disclose a step of securing the first and second waistband fasteners achieves a partially fastened configuration of the waistband around the waist of the user, and wherein securing the third and fourth waistband fasteners achieves a fully fastened configuration of the waistband around the waist of the user.
However, a person of ordinary skill would expect success in securing the waistband around a waist of a user if the fastening occurred simultaneously or sequentially as long as the end result is a fully fastened configuration. 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 Gordon such that it comprises a step of securing the first and second waistband fasteners achieves a partially fastened configuration of the waistband around the waist of the user, and wherein securing the third and fourth waistband fasteners achieves a fully fastened configuration of the waistband around the waist of the user in order to yield a method that results in a fully fastened waistband around a waist of a wearer.
Regarding claim 23:
Gordon in view of Miller, Park, and Nielson teach The method of claim 21, as set forth above.
Gordon further discloses wherein the first and third waistband fasteners engage with the corresponding second and fourth waistband fasteners at an anterior portion of the waist of the user (as in Fig. 3 and Fig. 7 wherein the encircled region of Fig. 3 that is shown in Fig. 7 is configured to be disposed at an anterior portion of the waist of the user; it is further noted the term “at” means “In or near the area occupied by; in or near the location of” at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved July 21 2026 from https://www.thefreedictionary.com/at such that the locations of engagement are “at” an anterior portion of the waist of the user as claimed).
Regarding claim 24:
Gordon in view of Miller, Park, and Nielsen teach The method of claim 18, as set forth above.
The modified Gordon further meets the limitation wherein the other of the front portion and the rear portion and the band are movable between a fastened configuration and an unfastened configuration independent of a configuration of the first and second waistband fasteners.
(portion 102 is capable of being folded up towards band 32 such that first and second body fasteners of the modified underwear can fasten to each other in between a fastened configuration and an unfastened configuration whether or not first and second waistband fasteners 51, 52 are connected to each other).
Conclusion
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.
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 at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
Prosecution Insights