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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 18 March 2026 has been entered.
Response to Amendment
Applicant’s amendment, received 18 March 2026, is reviewed and entered. This Office Action is a non-final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1, 12, 14, 25, and 27
Canceled
3, 16
Pending
1-2, 4-15, 17-29
Presented for Examination
1-2, 4-15, 17-29
Response to Arguments
Applicant's arguments filed 18 March 2026 have been fully considered but they are not persuasive.
Drawing Objections
Not overcome by the replacement figures, as the replacement figures are not entered due to presenting new matter. See “Drawings” heading below.
102 Rejections
Applicant’s arguments are drawn to newly amended subject matter, which is addressed in the rejections below.
103 Rejections
Applicant does not separately argue against the obviousness rejections.
In light of the above, the rejection is believed to be proper.
Drawings
The drawings were received on 18 March 2026. These drawings are not acceptable. Replacement FIGS 6-7 introduce new matter which is the structure of skirt 220 and leg space 222. Although the specification generically recites a “skirt,” it does not further limit the features of the skirt. Replacement FIGS 6-7 show a skirt and its relative dimensions (e.g., the vertical length is approximately equal to the vertical length of the upper body garment 106, waistband 224 has a different structure/ dimensions than waistband 124) as well as the type of skirt (e.g., a circle skirt, A-line). These features have not been previously recited and are therefore new matter. The originally filed disclosure supports only a skirt and no other features of the skirt.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the skirt and liner of claims 12 and 25, the skirt having two leg holes (claim 12 recites the bottom portion is a skirt and claim 1 from which claim 12 depends recites the bottom portion has two leg holes; therefore a skirt having two leg holes must be shown or canceled from the claims; even if replacement FIGS 6-7 were entered, they do not support a skirt having two leg holes), the skirt having two leg holes (claim 25 recites the bottom portion is a skirt and claim 14 from which claim 25 depends recites the bottom portion has two leg holes; therefore a skirt having two leg holes must be shown or canceled from the claims; even if replacement FIGS 6-7 were entered, they do not support a skirt having two leg holes) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
Claim(s) 1-2, 4, 8-10, 13-15, 17, 21-23, 26-27, and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wong (US 9044052 B2).
As to claim 1, Wong discloses a garment (“Unitary garment,” title, and the embodiment shown in FIGS 2 and 4 in particular, see col 5 line 19-20) comprising:
a front panel comprising a front lower region (see annotated FIG 4 below);
a rear panel comprising a rear lower region (see annotated FIG 4 below);
a bottom portion comprising two leg holes and a waistband (“bottom element” described in col 2 line 55-65 as being “trousers, culottes, shorts, tights with stirrups, etc;” see “waistband” in annotated FIG 4 below);
wherein the front lower region is fixedly attached to the waistband (via bar tacks 101/ 102/ 103);
wherein the rear lower region comprises a rear lower edge that descends lower than an upper edge of the waistband (see annotated FIG 4 below; FIG 4 shows a free configuration where the rear lower edge descends lower than an upper edge where the rear lower region and waistband overlap proximate the bar tacks 102/ 103); and
wherein the rear lower region is free and untucked from the waistband, thereby positioning the rear lower region to cover a lower back of a wearer (capable of covering and intended to cover, see at least FIG 4) and defining a bathroom access space (FIG 4 shows at least portions of the rear lower region free and untucked from the waistband defining a bathroom access space between 56 and 156).
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As to claim 2, Wong discloses the garment of claim 1, wherein the rear lower region is configurable between a free configuration and a secured configuration (capable of being configured and intended to be configured), wherein the rear lower region is free and untucked in the free configuration (FIG 4 shows at least portions of the rear lower region free and untucked, this configuration is described in col 7 line 64- col 8 line 16), and wherein the rear lower region is tucked into the waistband in the secured configuration (FIG 4 shows there is enough excess material in 57 to extend up over the buttocks and cover 56 with 156, resulting in 56 being tucked into 156).
As to claim 4, Wong discloses the waistband comprises elastic (col 7 line 61).
As to claims 8 and 21, Wong discloses a top portion of the front panel is coupled to a top portion of the rear panel to define two arm holes and a neck hole (FIG 2).
As to claims 9 and 22, Wong discloses the front panel and the rear panel are formed from a continuous material and define two arm holes and a neck hole (FIGS 2 and 4, at least to the degree shown in Applicant’s FIGS, which show the front and rear panel have intermediate panels such as 110a and appear to be seamed together).
As to claims 10 and 23, Wong discloses the bottom portion comprises a short that is fixedly attached to the waistband (col 2 line 60-65).
As to claims 13 and 26, Wong discloses the garment comprises a top portion (FIG 2), and wherein the front panel and the rear panel form at least a portion of the top portion in a region above the waistband (FIGS 2 and 4).
As to claim 14, Wong discloses a garment (“Unitary garment,” title, and the embodiment shown in FIGS 2 and 4 in particular, see col 5 line 19-20) comprising:
a front panel (see annotated FIG 4 below);
a rear panel (see annotated FIG 4 below);
a bottom portion comprising two leg holes and a cinchable waistband (“bottom element” described in col 2 line 55-65 as being “trousers, culottes, shorts, tights with stirrups, etc;” see “waistband” in annotated FIG 4 below; the waistband is capable of being cinched due to being elastic as disclosed in col 7 line 61);
wherein the front panel is fixedly attached to the cinchable waistband (via bar tacks 101/ 102/ 103);
wherein the rear panel descends lower than the cinchable waistband (see annotated FIG 4 below; FIG 4 shows a free configuration where a rear lower edge of the rear panel descends lower than an upper edge of the waistband where 56 and 156 overlap proximate the bar tacks 102/ 103); and
wherein, when the rear panel is unsecured by the cinchable waistband (this configuration is shown in FIG 4), the rear panel is configured to cover a lower back of a wearer (capable of and intended to cover, as shown in at least FIG 4) and a bathroom access space is provided between the rear panel and the bottom portion (between 56 and 156).
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As to claim 15, Wong discloses the garment of claim 14, wherein, when the rear panel is secured between the cinchable waistband and a body of a wearer, the bathroom access space is closed (capable of being closed and intended to be closed; FIG 4 shows there is enough excess material in 57 to extend up over the buttocks and cover 56 with 156, resulting in the space between 56 and 156 being closed).
As to claim 17, Wong discloses the cinchable waistband comprises elastic (col 7 line 61).
As to claim 27, Wong discloses a method of making a garment that is configurable for bathroom access, comprising: providing a top portion comprising a front panel and a back panel (55 in FIG 4);providing a bottom portion comprising a waistband (57 and 156);securing a lower region of the front panel to the waistband (col 7 line 40-50); and leaving a lower region of the back panel free and unsecured to the bottom portion (FIG 4) and configured to cover a lower back of a wearer (capable of covering and intended to cover, as shown in FIG 4).
As to claim 29, Wong discloses the garment of claim 14, wherein at least a portion of the rear panel is unattached to an elastic band (FIG 4 shows at least portion 56 is unattached to an elastic band, such as elastic band 156).
Claim Rejections - 35 USC § 103
Claim(s) 5 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US 9044052 B2).
As to claim 5, Wong discloses the garment of claim 4, wherein the waistband is configurable between an unstretched configuration and a stretched configuration (this is an implicit property of an elastic waistband), but does not disclose a circumference of the waistband is up to 150% larger in the stretched configuration compared to the unstretched configuration, thus enlarging the bathroom access space.
The difference between the stretched and unstretched configuration is dependent on the properties of the elastic material.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide elastic for an elastic waistband where a circumference of the waistband is up to 150% larger in the stretched configuration compared to the unstretched configuration, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide elastic with the desired degree of elasticity for the purpose of providing the desired level of compression, security, and user comfort.
As to claim 18, Wong discloses the garment of claim 17, wherein the cinchable waistband is configurable between an unstretched configuration and a stretched configuration (this is an implicit property of an elastic waistband), but does not disclose a circumference of the cinchable waistband is up to 60% smaller in the unstretched configuration compared to the stretched configuration.
The difference between the stretched and unstretched configuration is dependent on the properties of the elastic material.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide elastic for an elastic waistband where a circumference of the cinchable waistband is up to 60% smaller in the unstretched configuration compared to the stretched configuration, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide elastic with the desired degree of elasticity for the purpose of providing the desired level of compression, security, and user comfort.
Claim(s) 6-7, 11-12, 19-20, 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US 9044052 B2) as applied to claim 1, 3, 10, 14, 16, or 23 above, and further in view of Rea (US 20210235792 A1).
As to claim 6, Wong does not disclose the waistband comprises a drawstring.
Rea teaches a similar garment (garment, title) including an elastic waistband (34) in combination with a drawstring (para. 0043).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the elastic waistband of Wong with a drawstring for the purpose of allowing for a customized fit of the waistband (Rea para. 0043).
As to claim 7, Wong as modified discloses the garment of claim 6, wherein the drawstring is configurable between a tied configuration and an untied configuration (capable of being configured), but does not disclose wherein a circumference of the waistband is up to 150% larger in the untied configuration compared to the tied configuration, thus enlarging the bathroom access space.
The difference between the tied configuration and untied configuration is dependent on the circumference of the drawstring relative to the circumference of the waistband.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a long enough drawstring and waistband where a circumference of the waistband is up to 150% larger in the untied configuration compared to the tied configuration, thus enlarging the bathroom access space, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a drawstring and waistband with a length that would achieve the tied and untied configurations for the purpose of providing the desired level of compression, security, and user comfort.
As to claims 11 and 24, Wong does not disclose the bottom portion further comprises a liner that is fixedly attached to the waistband and configured to underlay the short.
Wong does disclose a liner (300 in FIG 10) configured to underlay the short, but not that the liner is “fixedly attached” to the waistband.
Rea teaches a similar garment (garment, title) including the bottom portion further comprises a liner (shorts 24) that is fixedly attached to the waistband (waistband 30, the term “fixed” is an intended use recitation; FIG 2A shows a fixed attachment and other embodiments are attached in a manner that will remain fixed unless acted on by an outside force) and configured to underlay an outer garment (skirt 26).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a liner that is fixedly attached to the waistband for the purpose of providing the desired aesthetics and insulation.
As to claims 12 and 25, Wong does not disclose the bottom portion comprises a skirt that is fixedly attached to the waistband and a liner comprising two leg holes that is fixedly attached to the waistband and configured to underlay the skirt.
Rea teaches a similar garment (garment, title) including a skirt (skirt 26) that is fixedly attached to the waistband and a liner (shorts 24) comprising two leg holes (at 25a, 25b) that is fixedly attached to the waistband (waistband 30, the term “fixed” is an intended use recitation; FIG 2A shows a fixed attachment and other embodiments are attached in a manner that will remain fixed unless acted on by an outside force) and configured to underlay the skirt.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a skirt that is fixedly attached to the waistband and a liner comprising two leg holes that is fixedly attached to the waistband and configured to underlay the skirt.
As to claim 19, Wong does not disclose the cinchable waistband comprises a drawstring.
Rea teaches a similar garment (garment, title) including a cinchable waistband (34) in combination with a drawstring (para. 0043).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the cinchable waistband of Wong with a drawstring for the purpose of allowing for a customized fit of the waistband (Rea para. 0043).
As to claim 20, Wong does not disclose the garment of claim 19, wherein the drawstring is configurable between a tied configuration and an untied configuration (capable of being configured), but does not disclose a circumference of the cinchable waistband is up to 60% smaller in the tied configuration compared to the untied configuration.
The difference between the tied configuration and untied configuration is dependent on the circumference of the drawstring relative to the circumference of the waistband.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a long enough drawstring and waistband where a circumference of the cinchable waistband is up to 60% smaller in the tied configuration compared to the untied configuration, thus enlarging the bathroom access space, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a drawstring and waistband with a length that would achieve the tied and untied configurations for the purpose of providing the desired level of compression, security, and user comfort.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US 9044052 B2) as applied to claim 27 above, and further in view of Walser (US 1799336 A).
As to claim 28, Wong does not disclose the method of claim 27, wherein the top portion further comprises left and right side panels, and the method further includes a step of leaving the respective lower regions of the left and right side panels free and unsecured to the bottom portion.
Walser teaches a similar garment (garment, title) including front 1, rear 4/4’, and left and right side panels 2.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a front and side panels as taught by Walser for the purpose of aesthetics.
Furthermore, Wong FIGS 3-4 show the front side is attached to the bottom portion, but the side portions are not. Providing side panels at the side portions would obviously result in the side panels being free and unsecured to the bottom portion in the same manner that the side portions are free and unsecured to the bottom portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/Primary Examiner, Art Unit 3732
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