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 .
Election/Restrictions
Applicant's election with traverse of Invention I. Claims 1-14, drawn to a pair of trousers, classified in A41D1/06 in the reply filed on 11/10/2025 is acknowledged. The traversal is on the ground(s) that the “search would not be a serious burden”. This is not found persuasive because there would be a serious search and/or examination burden if restriction were not required; see restriction requirement of 09/08/2025 p. 3 lines 5-17.
Specifically, Applicant’s argument that “any search of claim 1 would require searching the same classifications required for claim 15” is fully considered and is not persuasive if only because the search burden identified in the restriction requirement (09/08/2025 p. 3 lines 5-17) does not allege that search and/or examination burden is due to having plural “same classifications” in common that would be searched as argued; rather, search and/or examination burden is due to one or more of the reasons identified in the restriction requirement (09/08/2025 p. 3 lines 9-17).
The requirement is still deemed proper and is therefore made FINAL.
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/10/2025.
Claims 1-15 are presented
Claim 15 is withdrawn.
The present office action treats claims 1-14 on the merits.
The present office action is a non-final rejection.
Claim 8 is objected to because of the following informalities:
Claim 8 line 3 comprises an extraneous parenthesis mark; i.e. “trousers (100))” should be --trousers (100)--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “A pair of trousers (100), in particular leggings, which”. Usage of the term “in particular” renders the claim indefinite insofar as it is not clear whether the claimed pair of trousers is required to be a leggings or not. For the purpose of applying art, the phrase “A pair of trousers (100), in particular leggings, which” is interpreted as if it reads --A pair of trousers (100), which--
Claims 2-14 are indefinite if only because they depend from an indefinite claim.
In addition, claim 5 is further indefinite in reciting “in particular wherein the reinforcing cord (130) extends along the centre plane (E) of the pair of trousers (100)” in that it is not clear whether what follows “in particular” is required by the claim or not. For the purpose of applying art, what follows “in particular” is interpreted as not being required by the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 5, 8-10, 12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hays, US 2014/0273742, provided on Applicant’s IDS of 03/19/2025] in view of and [Ziehler, US 2014/0058312].
Regarding claim 1:
Hays discloses:
A pair of trousers (9), in particular leggings, which comprises an elastic textile (“knit fabric...spandex”; para 17) in a seat region (Figs. 1-3) of the pair of trousers, wherein the pair of trousers (100) further comprise reinforcing cord 7 (i.e. “posterior-lifting article 7...posterior-lifting article comprises a stretch cord”; para 18) which is fastened at at least two fastening portions (8b, 6), which are spaced apart from one another in a spacing direction (an up-down direction as drawn in each of Figs. 1, 2, and 3 and extending from 8a to 8b in Figs. 2 and 3) and one of said two fastening portions is disposed on an inner side of the pair of trousers (fastening portion 8b is “attached to an inner side of the pant garment”; para 18), and which spans the elastic textile in a region (a region between 8b and 6) between the at least two fastening portions, wherein the reinforcing cord 7 is configured to reduce an elasticity of the pair of trousers in the seat region between the at least two fastening portions (by its being fastened at both fastening portion, reinforcing cord 7 is configured to limit and/or inhibit an elongation of the trousers parallel to the spacing direction R in the same way that the present disclosure explains “reduces an elasticity of the trousers 100”; para [0038] as filed).
Hays does not expressly disclose the elastic textile is elastic at least in the seat region.
However and in further view of Hays: Hays is describing the elastic textile –i.e. “knit fabric...spandex” (para 17)—does not specify which location(s) of the garment at which said elastic textile is disposed.
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 pair of trousers of Hays such that its elastic textile is elastic in the seat region in order to yield the predictable result of permitting expansion and contraction of the elastic textile in the seat region so as to accommodate various human seat sizes and/or to permit conformance thereto via the elasticity thereof.
Hays does not expressly disclose two fastening portions, which are spaced apart from one another in a spacing direction (R) and are disposed on an inner side of the pair of trousers. As explained above, fastening portion 8b is disposed on an inner side of the pair of trousers. Hays is silent as to whether the other fastening portion 6 is also disposed on the inner side.
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 Hays such that its two fastening portions are both disposed on the inner side of the pair of trousers in order to yield the predictable result of permitting attachment of the second end 8a of the reinforcing cord 7 on the same side –i.e. the inner side—of the pair of trousers without the reinforcing cord having to traverse through the elastic textile or having to extend over a top edge of the elastic textile in order to fasten it to fastening portion 6.
Hays does not expressly disclose the reinforcing cord 7 spans the elastic textile in an unattached manner in the region between the at least two fastening portions.
Hays teaches that the ends of the reinforcing cord 7 are “attached” (para 18). Regarding the region between the at least two fastening portions: in “some embodiments”, the reinforcing cord itself is “located within” a “guide member” which comprises a “channel”, said guide member being “attached or adjacent to the inner side of the crotch seam” (para 19). Although Hays does not expressly disclose the reinforcing cord between the two ends is not attached, one of ordinary skill would have recognized that the absence of any express mention of attachment between the two ends is such that the reinforcing cord could be provided in an unattached manner in the region between the at least two fastening portions.
However, Ziehler teaches (paras 41-43) a reinforcing member 125 that is attached at two fastening portions 185, 190 and spans a backside 130 of an article of clothing 105 in an unattached manner (i.e. “slidingly disposed through...channel[]...140...on the inside...of the backside...of the article of clothing (not shown)” (para 43)) in a region between the two fastening portions.
Ziehler further teaches the reinforcing member is configured “to independently move and slide relative to the remainder of the garment” (para 39) while the channel that receives the reinforcing member in a sliding and unattached manner is such that it the channel is configured to “limit[] lateral movement of” the reinforcing member (para 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 Hays such that its reinforcing cord 7 is received within a guide member in a sliding and unattached manner in the region between the at least two fastening portions, as in Ziehler, in order to permit independent movement of reinforcing cord and elastic textile via sliding of the reinforcing cord within the guide member channel, as suggested by Ziehler (para 39) and in such a way that lateral movement of the reinforcing member is limited via its being bounded by the guide member channel, as also suggested by Ziehler (para 42).
Regarding claim 2:
Hays in view of Ziehler teach The pair of trousers according to claim 1, as set forth above.
Hays further discloses wherein the reinforcing cord is elastic (“comprises elastic”; para 3; “stretch cord”; para 6).
Regarding claim 5:
Hays in view of Ziehler teach The pair of trousers according to claim 1, as set forth above.
Hays further discloses wherein the at least two fastening portions are spaced apart with respect to a centre plane (Figs. 1-3 and in the same manner that the two fastening portions of the present disclosure are so spaced apart as described in para [0040] and shown in Fig. 1) of the pair of trousers, in particular wherein the reinforcing cord (130) extends along the centre plane (E) of the pair of trousers (100).
Regarding claim 8:
Hays in view of Ziehler teach The pair of trousers according to claim 1, as set forth above.
Hays further discloses wherein at least one of a first fastening portion of the at least two fastening portions is disposed at a waistband (paras 22, 23) of the pair of trousers and a second fastening portion of the at least two fastening portions is disposed at an inner seam (“attached to or adjacent to the inner side of the inseam the pant garment”; para 21) of the pair of trousers.
Regarding claim 9:
Hays in view of Ziehler teach The pair of trousers according to claim 1, as set forth above.
Hays further discloses wherein one fastening portion (8b) of the at least two fastening portions comprises a fastening seam 4 (i.e. “crotch seam 4”; para 16, wherein “the first end of the posterior-lifting article of the posterior-lifting article is attached to or adjacent to the inner side of the crotch seam” (para 21) such that portion 8b comprises seam 4) which extends at least partially parallel to the spacing direction (as in Figs. 1-3) of the at least two fastening portions and by means of which the reinforcing cord is attached to the elastic textile (para 21).
Hays does not expressly disclose wherein one fastening portion of the at least two fastening portions comprises a fastening seam which extends at least partially parallel to the spacing direction of the at least two fastening portions and by means of which the reinforcing cord is sewn to the elastic textile.
Rather, as explained above, para 21 teaches the reinforcing cord attached to the fastening seam and is silent as to whether it is sewn thereto.
However and in further view of Hays:
Hays teaches “The posterior-lifting article can be attached to the pant garment or to the guide member by any means capable of attaching garment layers together. In some embodiments, the pant garment is attached by sewing”; para 21.
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 Hays such that one fastening portion of the at least two fastening portions comprises a fastening seam which extends at least partially parallel to the spacing direction of the at least two fastening portions and by means of which the reinforcing cord is sewn to the elastic textile in order to yield the predictable result of a pair of trousers whose reinforcing cord is durably secured to the elastic textile and fastening seam by the cord being sewn to the fastening seam and to the elastic textile.
Regarding claim 10:
Hays in view of Ziehler teach The pair of trousers according to claim 9, as set forth above.
The modified Hays further meets the limitation wherein the fastening seam (i.e. the “crotch seam 4”) is configured in such a way that in an unstretched state of the reinforcing cord the elastic textile in is gathered in a region of the fastening seam (as evidenced by the “pulling” of “the lower portion of the pant garment toward the upper portion of the pant garment”; para 3) by means of the fastening seam (a portion of the fastening seam to which the end of the reinforced cord is attached thereto is pulled toward upper portion of pant garment such that in an unstretched state of the reinforcing cord the elastic textile in is gathered in a region of the fastening seam by means of the fastening seam).
Regarding claim 12:
Hays in view of Ziehler teach The pair of trousers according to claim 1, as set forth above.
Hays does not expressly disclose wherein in an unstretched state of the reinforcing cord (130) a length of the reinforcing cord (130) is between 3 and 16 centimetres.
However and in further view of Hays:
Hays as embodied in Figs. 1-3 shows reinforcing cord 7 as spanning a distance between a crotch of the garment and a yoke of the garment wherein said distance appears to be within the claimed range in that a distance between the portion of a wearer’s body that would be covered by a yoke and the portion of the wearer’s body that would be covered by a crotch is between 3 and 16 centimeters; it is further noted that a wearer’s body type and size and preferences for how the pair of trousers rests on his or her body varies from person-to-person such that one of ordinary skill would expect said distance appears to be within the claimed range in that a distance between the portion of a wearer’s body that would be covered by a yoke and the portion of the wearer’s body that would be covered by a crotch is between 3 and 16 centimeters for at least some wearers.
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 Hays such that wherein in an unstretched state of the reinforcing cord a length of the reinforcing cord is between 3 and 16 centimetres in order to yield the predictable result of a pair of trousers whose reinforcing cord is capable of drawing together portions of the pair of trousers that are spaced apart by between 3 and 16 centimetres.
Regarding claim 14:
Hays in view of Ziehler teach The pair of trousers according to claim 1, as set forth above.
Hays further discloses wherein the elastic textile comprises elastic synthetic fabric.
(“pant garment can comprise...synthetic fabric...spandex”; para 17)
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hays, US 2014/0273742] and [Ziehler, US 2014/0058312] as applied to claim 1 above, and further in view of [Yuen, US 2017/0156410].
Regarding claim 3:
Hays in view of Ziehler teach The pair of trousers according to claim 1, as set forth above.
Hays does not expressly disclose wherein the elastic textile in the seat region (102) is elastic in a plane of extent of the elastic textile parallel to the spacing direction (R) of the at least two fastening portions (132, 134) and orthogonal to the spacing direction (R) of the at least two fastening portions (132, 134).
However, Yuen teaches a “bottom garment with buttock lifting feature” (Abstract) wherein an elastic textile is “stretchable in all directions” (para 9; para 18).
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 Hays such that the elastic textile in the seat region is elastic in all directions –including in a plane of extent of the elastic textile parallel to the spacing direction (R) of the at least two fastening portions and orthogonal to the spacing direction (R) of the at least two fastening portions—in order to yield the predictable result of a pair of trousers whose seat region is capable of expanding and contacting in all directions –including in a plane of extent of the elastic textile parallel to the spacing direction (R) of the at least two fastening portions and orthogonal to the spacing direction (R) of the at least two fastening portions—to permit expansion and contraction of the elastic textile in the seat region in all directions so as to accommodate various human seat sizes and/or to permit conformance thereto via the elasticity thereof in all directions.
Regarding claim 4:
Hays in view of Ziehler and Yuen teach The pair of trousers according to claim 3, as set forth above.
The modified Hays further meets the limitation wherein at least one of
the reinforcing cord is configured to reduce the elasticity of the pair of trousers parallel to the spacing direction of the at least two fastening portions (in Hays, the reinforcing cord spans a distance between the at least two fastening portions and said reinforcing cord is configured “to pull the lower portion of the pant garment toward the upper portion of the pant garment” (para 18) such that the reinforcing cord is configured to reduce elasticity from the lower portion of the pant garment toward the upper portion of the pant garment and parallel to the spacing direction) and
the reinforcing cord is configured not to substantially reduce the elasticity of the pair of trousers orthogonal to the spacing direction of the at least two fastening portions (in Hays, the reinforcing cord spans a distance between the at least two fastening portions and said reinforcing cord is configured “to pull the lower portion of the pant garment toward the upper portion of the pant garment” (para 18) such that the reinforcing cord is configured to reduce elasticity from the lower portion of the pant garment toward the upper portion of the pant garment and parallel to the spacing direction as opposed to substantially reducing the elasticity orthogonal thereto due to the fastening portions and cord being arranged from the lower portion of the pant garment toward the upper portion of the pant garment and parallel to the spacing direction as opposed to a direction and/or orientation orthogonal thereto).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hays, US 2014/0273742] and [Ziehler, US 2014/0058312] as applied to claim 1 above, and further in view of [Redd, US 2021/0022413].
Regarding claim 6:
Hays in view of Ziehler teach The pair of trousers according to claim 1, as set forth above.
Hays does not expressly disclose wherein the elastic textile is seamlessly manufactured at least in the region between the at least two fastening portions.
However, Redd teaches a “garment is a pair of pants, jeans, underwear, undergarments, yoga pants, shorts, or tights” (para 35) comprising an elastic textile (“spandex”; para 26) wherein “In some embodiments, the garment is seamless” or, in the alternative “In some embodiments, the garment comprises cut and formed panels. The panels may be stitched” (para 33).
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 Hays such that the elastic textile is seamlessly manufactured in in the region between the two fastening portions in order to yield the predictable result of a pair of trousers whose seamless appearance in the region between the at least two fastening portions due to its being seamlessly manufactured is desired by some user(s) and/or observer(s) of the pair of trousers.
Regarding claim 7:
Hays in view of Ziehler and Redd teach The pair of trousers according to claim 6, as set forth above.
Hays further discloses wherein the region between the at least two fastening portions extends at least partially in a hip plane (the region between 8b and 6 includes portions of the pair of trousers that are provided on both hip-plane sides of reinforcing cord 7 in each of Figs. 2 and 3)
As applied to claim 6 above, the modified Hays does not meet the limitation wherein the region (B) between the at least two fastening portions (132, 134) extends at least partially in a hip plane (H) of the pair of trousers (100), the elastic textile being manufactured seamlessly at least along the hip plane.
However, Redd teaches a “garment is a pair of pants, jeans, underwear, undergarments, yoga pants, shorts, or tights” (para 35) comprising an elastic textile (“spandex”; para 26) wherein “In some embodiments, the garment is seamless” or, in the alternative “In some embodiments, the garment comprises cut and formed panels. The panels may be stitched” (para 33).
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 Hays such that the elastic textile being manufactured seamlessly at least along the hip plane in order to yield the predictable result of a pair of trousers whose seamless appearance along the hip plane due to its being seamlessly manufactured is desired by some user(s) and/or observer(s) of the pair of trousers.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hays, US 2014/0273742] and [Ziehler, US 2014/0058312] as applied to claim 1 above, and further in view of [Freddi, US 2013/0316617].
Regarding claim 13:
Hays in view of Ziehler teach The pair of trousers according to claim 1, as set forth above.
Hays does not expressly disclose wherein the elastic textile has a lower modulus of elasticity than the reinforcing cord (130) at least in the region (B) between the at least two fastening portions (132, 134) with respect to an elongation parallel to the spacing direction (R) of the at least two fastening portions (132, 134).
However, Fredi teaches a pair of trousers (“Sports garment for shaping the...buttocks and hips”; Abstract) wherein an elastic (paras 68, 71, 73: “elastomer...elastan”; “elastomer...lycra”) textile (the “insert-free parts of the garment” has a lower modulus of elasticity (para 47) than a reinforcing element (“insert[] 19A”; para 47).
Fredi further teaches such relative moduli of elasticity are provided such that “inserts 19[] have the effect of supporting and upwardly thrusting the central parts S3 of the buttocks” (para 47).
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 Hays such that the elastic textile has a lower modulus of elasticity than the reinforcing cord at least in the region between the at least two fastening portions with respect to an elongation parallel to the spacing direction of the at least two fastening portions in order to support and/or upwardly thrust central parts of the buttocks via relatively higher modulus of elasticity of the reinforcing cord, as suggested by Fredi (para 47).
Claim 11
Claim 11 is free of art rejections and is subject to 35 USC 112 rejection.
Claim 11, as best understood, recites allowable subject matter. The following is a statement of reasons for the indication of allowable subject matter:
Claim 11 recites wherein in an unstretched state of the reinforcing cord (130), a ratio between a length of the reinforcing cord (130) to a length of the fastening seam (136) is in a range between 1.2 and 5.
As applied to parent claim 9 above, the “crotch seam 4” is the fastening seam and element 7 is the reinforcing cord, and in Hays, the limitation “wherein in an unstretched state of the reinforcing cord (130), a ratio between a length of the reinforcing cord (130) to a length of the fastening seam (136) is in a range between 1.2 and 5” is not met. Rather, in Hays, a length of crotch seam 4 appears to exceed a length of reinforcing cord 7, and to modify Hays such that it is provided with the combination features claimed in claim 11, including those directed to the ratio between length of reinforcing cord to length of fastening seam would be impermissible hindsight reconstruction of the applicant’s invention without any disclosure, teaching, or suggesting from the prior art of record.
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732