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
Applicant’s amendment, filed 17 July 2017, is reviewed and entered. This Office Action is a 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, 14, 27
Canceled
3, 12, 16, 25
Pending
1-2, 4-11, 13-15, 17-24, 26-29
Presented for Examination
1-2, 4-11, 13-15, 17-24, 26-29
Response to Arguments
Applicant’s arguments with respect to claim(s) 17 July 2026 have been 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.
The drawing objections are overcome by the claim amendments and the objections are withdrawn.
Claim Rejections - 35 USC § 102
Claim(s) 1, 4, 6, 8-9, 13-14, 17, 19, 21-22, 26-27, and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kunieda (US 4535480 A).
As to claim 1, Kunieda discloses a garment (“One-piece garment,” title) comprising:
a front panel comprising a front lower region (front of upper half 1, see annotated FIG 2 below);
a rear panel comprising a rear lower region (rear of upper half 1, see annotated FIG 2 below);
a bottom portion comprising two leg holes and a waistband (lower half 2 comprising elastic waistband 5, strap 9, and the unlabeled strap carriers shown in FIGS 2 and 5);
wherein the front lower region is fixedly attached to the waistband (the front lower region is at least indirectly attached to the waistband via the other garment components, and will remain attached unless acted on by an outside force);
wherein the rear lower region is free and untucked from the waistband (FIGS 1-5);
wherein the rear lower region comprises a rear lower edge having a medial section (FIGS 1 and 3);
wherein the medial section of the rear lower edge descends lower than a medial section of a rear upper edge of the waistband and rests exterior to the medial section of the rear upper edge of the waistband (FIGS 1 and 3), thereby positioning the rear lower region to cover a lower back of a wearer (capable of covering a lower back); and
wherein the rear lower region and the waistband define a bathroom access space (FIGS 1 and 2 show when 2a is lowered there is a bathroom access space between 1b and 2a).
As to claim 4, Kunieda discloses the garment of claim 1, wherein the waistband comprises elastic (col 3 line 26 discloses 5 is elastic).
As to claim 6, Kunieda discloses the garment of claim 1, wherein the waistband comprises a drawstring (strap 9 is the structural and functional equivalent of a drawstring).
As to claim 8 and 21, Kunieda 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 (FIGS 1-5).
As to claim 9 and 22, Kunieda discloses the front panel and the rear panel are formed from a continuous material and define two arm holes and a neck hole (FIGS 1-5, 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 claim 13 and 26, Kunieda discloses the garment comprises a top portion (upper half 1), 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 1-5).
As to claim 14, Kunieda discloses a garment (“One-piece garment,” title) comprising:
a front panel (front of upper half 1);
a rear panel comprising a rear lower region (rear of upper half 1, see annotated FIG 2 below);
a bottom portion comprising two leg holes and a cinchable waistband (lower half 2 comprising elastic waistband 5, strap 9, and the unlabeled strap carriers shown in FIGS 2 and 5; the waistband is capable of being cinched, such as by pulling strap 9 tighter);
wherein the front panel is fixedly attached to the cinchable waistband (the front panel is at least indirectly attached to the waistband via the other garment components, and will remain attached unless acted on by an outside force);
wherein the rear lower region is free and unsecured by the cinchable waistband (FIGS 1-5);
wherein the rear lower region comprises a rear lower edge having a medial section (FIGS 1 and 3);
wherein the medial section of the rear lower edge descends lower than a medial section of a rear upper edge of the cinchable waistband and rests exterior to the medial section of the rear upper edge of the cinchable waistband (FIGS 1 and 3), thereby positioning the rear lower region to cover a lower back of a wearer (capable of covering a lower back); and
wherein the rear lower region and the cinchable waistband define a bathroom access space (FIGS 1 and 2 show when 2a is lowered there is a bathroom access space between 1b and 2a).
As to claim 17, Kunieda discloses the garment of claim 14, wherein the cinchable waistband comprises elastic (col 3 line 26 discloses 5 is elastic).
As to claim 19, Kunieda discloses the garment of claim 14, wherein the cinchable waistband comprises a drawstring (strap 9 is the structural and functional equivalent of a drawstring).
As to claim 27, Kunieda discloses a method of making a garment that is configurable for bathroom Access (“One-piece garment,” title, capable of bathroom access), comprising:
providing a top portion comprising a front panel and a rear panel (upper half 1 comprising a front and a rear panel as shown in the figures);
providing a bottom portion comprising a waistband (lower half 2 comprising elastic waistband 5, strap 9, and the unlabeled strap carriers shown in FIGS 2 and 5);
securing a lower region of the front panel to the waistband (FIGS 1-5); and
leaving a rear lower region of the panel free and unsecured to the bottom portion (FIGS 1-5);
wherein the rear lower region comprises a rear lower edge having a medial section (FIGS 1 and 3);
wherein the medial section of the rear lower edge descends lower than a medial section of a rear upper edge of the waistband and rests exterior to the medial section of the rear upper edge of the waistband (FIGS 1 and 3), thereby positioning the rear lower region to cover a lower back of a wearer (capable of covering a lower back); and
wherein the rear lower region and the waistband define a bathroom access space (FIGS 1 and 2 show when 2a is lowered there is a bathroom access space between 1b and 2a).
As to claim 29, Kunieda discloses the garment of claim 14, wherein at least a portion of the rear panel is unattached to an elastic band (FIGS 1-5 show the lower portion of the rear panel is unattached to any elastic band, including elastic band 5).
PNG
media_image1.png
836
486
media_image1.png
Greyscale
Claim(s) 1-2, 8-9, 13-15, 21-22, and 26-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keck (US 1,405,421).
As to claim 1, Keck discloses a garment (“work garment,” title) comprising:
a front panel comprising a front lower region (front of jumper 1 comprising a front lower region at flap 12 in FIG 1);
a rear panel comprising a rear lower region (rear of jumper 1 comprising a rear lower region at flap 12 in FIG 2);
a bottom portion comprising two leg holes and a waistband (trousers 4 comprising waistband 3);
wherein the front lower region is fixedly attached to the waistband (via fasteners 6 and 7 which are fixedly attached unless acted on by an outside force);
wherein the rear lower region is free and untucked from the waistband (FIG 2 shows 12 is free and untucked from 3);
wherein the rear lower region comprises a rear lower edge having a medial section (FIG 2);
wherein the medial section of the rear lower edge descends lower than a medial section of a rear upper edge of the waistband and rests exterior to the medial section of the rear upper edge of the waistband (FIG 2), thereby positioning the rear lower region to cover a lower back of a wearer (capable of covering a lower back); and
wherein the rear lower region and the waistband define a bathroom access space (line 100-105 discloses detaching the rear lower region from the waistband while the front lower region remains attached, which will result in bathroom access space).
As to claim 2, Keck discloses the garment of claim 1, wherein the rear lower region is configurable between a free configuration and a secured configuration, wherein the rear lower region is free and untucked in the free configuration (when the rear waistband is disconnected from 10 as shown in FIG 2, both the lower inner portion of 2 and 12 are both free and untucked), and wherein the rear lower region is tucked into the waistband in the secured configuration (when the rear waistband is connected to 10 as shown in FIG 2, the lower inner portion of 2 is tucked into the waistband).
As to claim 8 and 21, Keck 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 (FIGS 1-2).
As to claim 9 and 22, Keck discloses the front panel and the rear panel are formed from a continuous material and define two arm holes and a neck hole (FIGS 1-2, 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 claim 13 and 26, Keck discloses the garment comprises a top portion (1), 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 1-2).
As to claim 14, Keck discloses a garment (“work garment,” title) comprising:
a front panel (front of jumper 1);
a rear panel comprising a rear lower region (rear of jumper 1 comprising a rear lower region at flap 12 in FIG 2);
a bottom portion comprising two leg holes and a cinchable waistband (trousers 4 comprising waistband 3, which is capable of being cinched such as by tightening a belt over the top of the waistband);
wherein the front panel is fixedly attached to the cinchable waistband (via fasteners 6 and 7 which are fixedly attached unless acted on by an outside force);
wherein the rear lower region is free and unsecured by the cinchable waistband (12 in FIG 2);
wherein the rear lower region comprises a rear lower edge having a medial section (FIG 2);
wherein the medial section of the rear lower edge descends lower than a medial section of a rear upper edge of the cinchable waistband and rests exterior to the medial section of the rear upper edge of the cinchable waistband (FIG 2), thereby positioning the rear lower region to cover a lower back of a wearer (capable of covering a lower back); and
wherein the rear lower region and the cinchable waistband define a bathroom access space (line 100-105 discloses detaching the rear lower region from the waistband while the front lower region remains attached, which will result in bathroom access space).
As to claim 15, Keck 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 (when 9 and 10 are secured as shown in FIG 2, the inner portion of 2 is secured between 3 and the body).
As to claim 27, Keck discloses a method of making a garment that is configurable for bathroom access (“work garment,” title), comprising:
providing a top portion comprising a front panel and a rear panel (jumper 1 comprising a front and a rear);
providing a bottom portion comprising a waistband (trousers 4 comprising waistband 3);
securing a lower region of the front panel to the waistband (via fasteners 6 and 7); and
leaving a rear lower region of the rear panel free and unsecured to the bottom portion wherein the rear lower region comprises a rear lower edge having a medial section (12 in FIG 2);
wherein the medial section of the rear lower edge descends lower than a medial section of a rear upper edge of the waistband and rests exterior to the medial section of the rear upper edge of the waistband (FIG 2), thereby positioning the rear lower region to cover a lower back of a wearer (capable of covering a lower back); and
wherein the rear lower region and the waistband define a bathroom access space (line 100-105 discloses detaching the rear lower region from the waistband while the front lower region remains attached, which will result in bathroom access space).
As to claim 28, Keck discloses the method of claim 27, wherein the top portion further comprises left and right side panels (FIG 1, joined by a central placket), 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 (12 in FIG 1).
As to claim 29, Keck discloses the garment of claim 14, wherein at least a portion of the rear panel is unattached to an elastic band (Keck does not disclosure an elastic band, therefore at least portion of the rear panel is unattached to any elastic band).
Claim Rejections - 35 USC § 103
Claim(s) 5, 7, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunieda (US 4535480 A).
As to claim 5, Kunieda 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 7, Kunieda 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 claim 18, Kunieda 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.
As to claim 20, Kunieda 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) 10 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunieda (US 4535480 A) as applied to claims 1 or 14 above, and further in view of Wong (US 9044052 B2).
As to claims 10 and 23, Kunieda does not disclose the bottom portion comprises a short that is fixedly attached to the waistband.
Kunieda discloses the bottom portion comprises trousers fixedly attached to the waistband. Shorts are a known variation of trousers.
Wong discloses a bottom portion comprising shorts or trousers (col 2 line 60-65).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the bottom portion comprising a short that is fixedly attached to the waistband, in order to provide the desired aesthetics and body coverage.
Claim(s) 10 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keck (US 1,405,421) as applied to claims 1 or 14 above, and further in view of Wong (US 9044052 B2).
As to claims 10 and 23, Keck does not disclose the bottom portion comprises a short that is fixedly attached to the waistband.
Keck discloses the bottom portion comprises trousers fixedly attached to the waistband. Shorts are a known variation of trousers.
Wong discloses a bottom portion comprising shorts or trousers (col 2 line 60-65).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the bottom portion comprising a short that is fixedly attached to the waistband, in order to provide the desired aesthetics and body coverage.
Claim(s) 11 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunieda (US 4535480 A) in view of Wong (US 9044052 B2) as applied to claims 10 or 23 above, and further in view of Rea (US 20210235792 A1).
As to claims 11 and 24, Kunieda as modified 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.
Claim(s) 11 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keck (US 1,405,421) in view of Wong (US 9044052 B2) as applied to claims 10 or 23 above, and further in view of Rea (US 20210235792 A1).
As to claims 11 and 24, Keck as modified 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.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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.
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, 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.
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.
SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732
Prosecution Insights