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 of 04/20/2026 is acknowledged.
Claims 1-4, 6, and 8-20 are presented.
Claim 1 is presented in independent form and is amended.
Dependent claims 2 and 6 are amended.
Dependent claims 8-9 are newly presented.
Claim 10 is presented in independent form and is newly presented.
Dependent claims 11-14 are newly presented.
Claim 15 is presented in independent form and is newly presented.
Dependent claims 16-20 are newly presented.
Response to Arguments
Applicant’s REMARKS of 04/20/2026 are fully considered.
Regarding Rejections Under 35 U.S.C. 101: Applicant’s arguments are fully considered and are persuasive. Specifically: upon further review of the disclosure as filed, the amended claims, and Applicant’s remarks (see p. 8 lines 7-12 of the reply of 04/20/2026), the 35 USC 101 rejections applied in the previous Office action are overcome.
Regarding Rejections Under 35 U.S.C. 112: Applicant’s arguments are fully considered and are persuasive. Specifically: upon further review of the disclosure as filed, the amended claims, and Applicant’s remarks (see p. 8 lines 13-18 of the reply of 04/20/2026), the 35 USC 112 rejections applied in the previous Office action are overcome.
Regarding Rejections Under 35 U.S.C. 102 and 35 U.S.C. 103: Applicant’s arguments 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.
Election/Restrictions
Newly submitted claims 8-14 and 17 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Claim 8 recites “further comprising a fourth portion including the main body fabric, the first member, and the second member, wherein, among the first portion, the second portion, the third portion, and the fourth portion, the fourth portion has the lowest degree of stretchability”, which is a feature of nonelected Species A. It is noted the specification as filed states, in reference to elected Species C (emphasis provided by Examiner): “Unlike the sport tights 1 of the first embodiment and the sport tights 2 of the second embodiment, the sport tights 3 of the present embodiment may not include a fourth portion that includes the main body fabric 10, the first member, and the second member. In other words, as shown in FIGS. 20 to 22, the low-stretch elements 30 need not be arranged in either a region in which the first extending portion 80 is disposed or a region in which the second extending portion 82 is disposed” (para [0094]).
Claim 9 is independent or distinct from the invention originally claimed for the reasons set forth hereinabove directed to claim 8 insofar as claim 9 is dependent from claim 8.
Independent claim 10 recites “a first portion including the main body fabric; a second portion including the main body fabric and the first member; a third portion including the main body fabric and the second member; a fourth portion including the main body fabric, the first member, and the second member; wherein, among the first portion, the second portion, the third portion, and the fourth portion, the first portion has the highest degree of stretchability, and the fourth portion has the lowest degree of stretchability”, which is a feature of nonelected Species A. It is noted that the specification as filed states, in reference to elected Species C (emphasis provided by Examiner): “Unlike the sport tights 1 of the first embodiment and the sport tights 2 of the second embodiment, the sport tights 3 of the present embodiment may not include a fourth portion that includes the main body fabric 10, the first member, and the second member. In other words, as shown in FIGS. 20 to 22, the low-stretch elements 30 need not be arranged in either a region in which the first extending portion 80 is disposed or a region in which the second extending portion 82 is disposed” (para [0094]).
Claims 11-14 is independent or distinct from the invention originally claimed for the reasons set forth hereinabove directed to claim 10 insofar as claims 11-14 are dependent from claim 10.
Claim 17 recites “further comprising: a fourth portion including the main body fabric, the first member, and the second member, wherein, among the first portion, the second portion, the third portion, and the fourth portion, the fourth portion has the lowest degree of stretchability; and wherein the first member and the second member overlap in the fourth portion”, which is a feature of nonelected Species A. It is noted the specification as filed states, in reference to elected Species C (emphasis provided by Examiner): “Unlike the sport tights 1 of the first embodiment and the sport tights 2 of the second embodiment, the sport tights 3 of the present embodiment may not include a fourth portion that includes the main body fabric 10, the first member, and the second member. In other words, as shown in FIGS. 20 to 22, the low-stretch elements 30 need not be arranged in either a region in which the first extending portion 80 is disposed or a region in which the second extending portion 82 is disposed” (para [0094]).
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 8-14 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Accordingly:
Claims 1-4, 6, and 8-20 are presented.
Claims 8-14 and 17 are withdrawn (see above).
The present Office action treats claims 1-4, 6, 15-16, and 18-20 on the merits.
The present Office action is a final rejection.
Claim Objections
Claim 15-16 are objected to because of the following informalities:
Claim 15 line 18: “first cylinder” should be --first cylinder portion--
Claim 15 lines 19-20: “third cylinder” should be --third cylinder portion--
Claim 15 lines 22-23: “second cylinder” should be --second cylinder portion--
Claim 15 line 23: “third cylinder” should be --third cylinder portion--
Claim 16 line 1: “Sports tights according to claim 15” should be --The sports tights according to claim 15--
Appropriate correction is required.
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Miller, US 2018/0325196, previously cited] in view of [Oya, EP-1897983-A1, newly cited], [Amoruso, EP-3970542-A1, newly cited], [Kaneda, JP-2002220708-A, newly cited] and [Vitarana, US 2011/0083246, newly cited].
Regarding claim 1:
Miller discloses:
Sport tights 100, comprising:
a main body fabric 104 including a first cylinder portion (see annotated Figs. 1A-1B – a below) configured to surround a first leg of a wearer, a second cylinder portion (see annotated Figs. 1A-1B – a below) configured to surround a second leg of the wearer, and a third cylinder portion (see annotated Figs. 1A-1B – a below) configured to surround buttocks of the wearer;
a first member 116 disposed on at least one of an inner surface or an outer surface 112 of the main body fabric (para 38); and
a second member 120 disposed on at least one of the inner surface 108 or the outer surface of the main body fabric (para 38),
wherein the sport tights include a first portion (see annotated Figs. 1A-1B – a below) including the main body fabric, a second portion (see annotated Figs. 1A-1B – a below) including the main body fabric and the first member 116, and a third portion (see annotated Figs. 1A-1B – a below) including the main body fabric and the second member 120,
wherein, among the first portion, the second portion, and the third portion, the first portion has the highest degree of stretchability (para 52), and the third portion has the lowest degree of stretchability (“modulus of elasticity...in areas where the first material 116 is applied can be...less than the modulus of elasticity...in areas where the second material 120 is applied”; para 54),
wherein the first member 116 is disposed at least in a region configured to correspond to an inner thigh side of the first leg in the first cylinder portion (as in annotated Figs. 1A-1B – a below) and a region configured to correspond to an inner thigh side of the second leg in the second cylinder portion (as in annotated Figs. 1A-1B – a below), and
wherein the second member 120 is disposed at least in a region configured to correspond to an outer thigh side of the first leg in the first cylinder portion (as in annotated Figs. 1A-1B – a below) and a region configured to correspond to an outer thigh side of the second leg in the second cylinder portion (as in annotated Figs. 1A-1B – a below);
wherein the first member 116 is attached (para 63) as a plurality of elements (the “repeating circles, polygons, or other shapes” of the “pattern of repeating circles, polygons, or other shapes”; para 63) to the main body fabric;
wherein the plurality of elements are arranged in a predetermined repeating pattern (“pattern of repeating circles, polygons, or other shapes”; para 63).
PNG
media_image1.png
737
973
media_image1.png
Greyscale
Miller does not expressly disclose wherein the repeating pattern includes a plurality of linearly arranged portions in which the plurality of elements are arranged along a predetermined direction;
Oya teaches a sports tights 1 wherein (Fig. 2e; para 68) a first member 5 is attached as a plurality of elements 5 to a main body fabric wherein the plurality of elements 5 are arranged in a predetermined repeating pattern (“two-dimensional array on the fabric”; para 68) which is a pattern of repeating polygons 5 wherein the repeating pattern includes plurality of linearly arranged portions (Fig. 2e) in which the plurality of elements 5 are arranged along a predetermined direction (Fig. 2e).
Oya further teaches the arrangement is configured to be a “tightening portion” configured to be provided “at a site where the movement of the body of the wearer is substantial,...allows preventing a situation in which the movement of the body is hindered” (para 68).
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 sports tights of Miller such that its repeating pattern includes a plurality of linearly arranged portions in which the plurality of elements are arranged along a predetermined direction in order to permit body movement and/or prevent the hindrance of body movement at the location of the first member, as suggested by Oya (para 68).
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 sports tights of Miller such that its repeating pattern includes a plurality of linearly arranged portions in which the plurality of elements are arranged along a predetermined direction in order to achieve the increased modulus within the second portion, a motivation found within Miller (para 52). One of ordinary skill would have been confronted with one or more decision(s) as to how, specifically, to provide the “pattern of repeating circles, polygons, or other shapes” of Miller (para 63 of Miller) so as to achieve the increased modulus within the second portion and would have recognized that the repeating pattern including a plurality of linearly arranged portions in which the plurality of elements are arranged along a predetermined direction would be an acceptable arrangement therefor based on the teachings of Oya.
Miller does not expressly disclose wherein an extending direction of the linearly arranged portions is a direction closer to left and right directions than to vertical directions.
Amoruso teaches (Figs. 5-8) a sports tights 1’ (i.e. “trousers...cover the legs...compression garment 1’”; para 37) comprising a plurality of elements 2’ arranged in a pattern (i.e. the pattern of elements 2’ in Fig. 8C) wherein an extending direction of linearly arranged portions (a first portion along one of K’ in Fig. 8C; a second portion along another of K’ in Fig. 8C; a third portion along the other of K’ in Fig. 8C; in addition, additional linearly arranged portions are provided above and below the three identified along the three K’ in Fig. 8C) is a direction closer to left and right directions (by virtue of their being provided “along a plurality of annular portions Z', which surround corresponding annular portions of the...legs”; para 40; Figs. 5-5) than to vertical directions (wherein it is noted that vertical directions extend transverse to the annular portions Z’; Figs. 5-8).
Amoruso further teaches that providing the linearly arranged portions permit the “micro elements” to “all exert substantially equal compressive force on the corresponding portion of the...legs” (para 40).
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 Miller such that an extending direction of the linearly arranged portions is a direction closer to left and right directions than to vertical directions in order to permit each linearly arranged portion to exert substantially equal force on the portion of the leg around which it is provided, as suggested by Amoruso (para 40).
Miller does not expressly disclose wherein an interval between adjacent linearly arranged portions is wider than an interval between adjacent elements in a linearly arranged portion.
Kaneda teaches a sports tights 10 comprising “tightening portion[s] 18...and...20” wherein an interval 21 between adjacent linearly arranged portions (those portions of 18 and 20 that are above and below each of intervals 21 so as to form the “striped pattern”; 3rd full paragraph of p. 6); Figs. 1-2) is configured to “ensure[]” “air permeability”; “and sweat and heat are radiated to exercise comfortably... the gaps 21...give...appropriate flexibility to the tightening portions, and can fit the body to improve the exercise followability” (5th full paragraph of p. 7).
Kaneda, while teaching the interval between linearly arranged portions, is silent as to relative width between the interval between linearly arranged portions and the interval between adjacent elements in a linearly arranged portion.
However, Vitarana teaches a “garment with controlled stretch properties” (para 5) wherein “one or more elastomeric coatings on the inside, outside, or both sides of the garment that are designed to be located in a portion of the garment where reduced stretch is desired” (para 10) wherein a pattern of elastomeric coatings 902 (see the lefthand side of Fig. 9) comprises an interval between adjacent linearly arranged portions (see annotated Fig. 9 – a detail below) is wider than an interval between adjacent elements in a linearly arranged portion (see annotated Fig. 9 – a detail below).
PNG
media_image2.png
781
1128
media_image2.png
Greyscale
Kaneda and Vitarana are combinable insofar as each is directed to a sports garment wherein portions thereof provide relative elasticity due to the material construction thereof (see e.g. claim 1 of Kaneda and para 10 of Vitarana).
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 Miller such that an interval between adjacent linearly arranged portions is wider than an interval between adjacent elements in a linearly arranged portion in order to promote air permeability; to permit sweat and/or heat to radiate for comfort; to provide flexibility to at the location of the first member; and/or to improve body fit whilst exercising, as suggested by Kaneda (5th full paragraph of p. 7 of Kaneda).
Regarding claim 2:
Miller in view of Oya, Amoruso, Kaneda, and Vitarana teach The sport tights according to claim 1, as set forth above.
Miller further discloses wherein the second member 120 is attached (para 56), to the main body fabric, as a first extending portion (see annotated Figs. 1A-1B – b below) extending through a region configured to correspond to the outer thigh side of the first leg toward a hem (see annotated Figs. 1A-1B – b below) in the first cylinder portion and a second extending portion (see annotated Figs. 1A-1B – b below) extending through a region configured to correspond to the outer thigh side of the second leg toward a hem (see annotated Figs. 1A-1B – b below) in the second cylinder portion.
(It is noted the term “hem” means “4. the bottom edge or border of a garment, drape, etc.
5. the edge, border, or margin of anything.”; hem. (n.d.) Random House Kernerman Webster’s College Dictionary. (2010). Retrieved December 1 2025 from https://www.thefreedictionary.com/hem)
PNG
media_image3.png
708
947
media_image3.png
Greyscale
Regarding claim 3:
Miller in view of Oya, Amoruso, Kaneda, and Vitarana teach The sport tights according to claim 2, as set forth above.
Miller further discloses wherein the first extending portion includes a first rear extending portion (see annotated Figs. 1A-1B – c below) extending through a back body of the first cylinder portion toward the hem and a first front extending portion (see annotated Figs. 1A-1B – c below) extending through an area of the first cylinder portion closer to a front body side than the first rear extending portion toward the hem.
PNG
media_image4.png
708
947
media_image4.png
Greyscale
Regarding claim 4:
Miller in view of Oya, Amoruso, Kaneda, and Vitarana teach The sport tights according to claim 3, as set forth above.
Miller further discloses wherein the first rear extending portion and the first front extending portion are connected (see annotated Figs. 1A-1B – d below) at (it is noted the term “at” means “1.
a. In or near the area occupied by; in or near the location of; b. In or near the position of”; at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved December 1 2025 from https://www.thefreedictionary.com/at) a position corresponding to the third cylinder portion (see annotated Figs. 1A-1B – d below).
PNG
media_image5.png
708
1043
media_image5.png
Greyscale
Claim(s) 6, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over [Miller, US 2018/0325196], [Oya, EP-1897983-A1], [Amoruso, EP-3970542-A1], [Kaneda, JP-2002220708-A] and [Vitarana, US 2011/0083246] as applied to claim 1 above, and further in view of [Yamakazi, JP-2008002014-A, previously cited].
Regarding claim 6:
Miller in view of Oya, Amoruso, Kaneda, and Vitarana The sport tights according to claim 1, as set forth above.
Miller does not expressly disclose and wherein, in a region in which the plurality of elements are arranged, the region is configured so that a degree of stretchability in vertical directions of the wearer's body is greater than a degree of stretchability in left and right directions of the wearer's body.
However, Yamakazi teaches a sport tights (“spats”; p. 2 line 5) wherein in a region comprising a “patch fabric” element that “form[s] a highly elastic region having a high elastic modulus”, the region is configured so that a degree of stretchability in vertical directions of the wearer’s body is greater than a degree of stretchability in left and right directions of the wearer's body (“elastic modulus of the patch is higher in the horizontal direction than in the vertical direction” and the main body fabric to which the patch fabric is applied is also “having a higher elastic modulus in the horizontal direction than in the vertical direction” (the paragraph spanning p. 2-3) such that the in a region in which the patch fabric element is arranged a degree of stretchability in vertical directions of the wearer's body is greater than a degree of stretchability in left and right directions of the wearer's body.
Yamakazi further teaches “by arranging the high elastic direction...in the lateral direction of the lower limb, wearing the slim garment 1 tightens the waist 10 and the leg 11 of the wearer as a whole to maintain the body shape. A correction effect can be obtained. Further, the entire lower limbs are tightened to prevent or reduce swelling of the lower limbs, and the entire lower limbs are tightened to give a load, thereby promoting energy consumption and obtaining a better slimming effect (p. 6 lines 31-35) and “the elastic fabric and the application fabric forming the high elastic region have the elastic modulus higher in the horizontal direction than in the vertical direction, and the elastic modulus in the high elastic region is determined by the muscle belly of each muscle. By increasing the direction of crossing the muscle fibers compared to the direction along the muscle fibers, it is possible to apply a load by tightening the muscles by wearing, without requiring special training etc. Continuously load muscles such as the thighs by daily living behavior to burn fat, increase muscle mass by continuous loads, improve basal metabolism and promote energy consumption, excellent A slimming effect can be obtained” (final full paragraph of p. 7).
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 Miller such that wherein, in a region in which the plurality of elements are arranged, the region is configured so that a degree of stretchability in vertical directions of the wearer's body is greater than a degree of stretchability in left and right directions of the wearer's body in order permit the tights to tighten around the body to maintain body shape; to prevent or reduce swelling of a lower limb; to promote energy consumption; to obtain a slimming effect; to burn fat; to increase muscle mass; to improve basal metabolism; and/or to promote energy consumption, as suggested by Yamakazi (p. 6 lines 31-35 and the final full paragraph of p. 7).
Claim Rejections - 35 USC § 102
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) 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Nagase, JP-H1161516-A, newly cited].
Regarding claim 15:
Nagase discloses (Figs. 1-4):
Sport tights 10, comprising:
a main body fabric 12 including a first cylinder portion (see annotated Figs. 1-3 – a below) configured to surround a first leg of a wearer, a second cylinder portion (see annotated Figs. 1-3 – a below) configured to surround a second leg of the wearer, and a third cylinder portion (see annotated Figs. 1-3 – a below) configured to surround buttocks of the wearer;
a first member (the “mesh” of portions 32 and 34 (p. 4 lines 24 and 36)) disposed on at least one of an inner surface or an outer surface of the main body fabric (“On the surface of the cloth 12”; 4th paragraph of p. 3); and
a second member (the “stripe pattern” of “border portions 20, 22”; 7th paragraph of p. 3; Figs. 1-3) disposed on at least one of the inner surface or the outer surface of the main body fabric (“On the surface of the cloth 12”; 4th paragraph of p. 3);
wherein the sport tights include a first portion (a portion including only main body fabric 12; Figs. 1-3) including the main body fabric, a second portion 32, 32, 34, 34 (i.e. the combined “pair of mesh portions 34” and “pair of mesh portions 32”; p. 4 lines 36-37) including the main body fabric and the first member ((p. 4 lines 24 and 36), and a third portion 20, 22 (i.e. the combined 20 and 22) including the main body fabric and the first member (7th paragraph of p. 3; Figs. 1-3);
wherein, among the first portion, the second portion, and the third portion, the first portion has the highest degree of stretchability (as evidenced by the silicone resin of the first and second members having an elasticity that is higher than that of the main body fabric (p. 3 lines 12-13) such that the first portion having only the “stretchable fabric 12” has the highest degree of stretchability), and the third portion has the lowest degree of stretchability (third portion has a lower degree of stretchability than first portion as stated above insofar as silicone resin is absent therefrom; third portion has a lower degree of stretchability than second portion as evidenced by the third portion having a “strong” “support force” (p. 3 lines 37-39) such that the degree of stretchability thereof is low relative to the that of the “moderate” support force afforded in the second portion); wherein the first member is disposed at least in a region in the first cylinder portion and in a region in the second cylinder portion (as in annotated Figs. 1-3 – a below);
wherein the second member includes a second member first and third cylinder portion (those portions of 20 and 22 within first and third cylinder portions, respectively; Figs. 1-3) comprising spaced apart branches (see particularly Fig. 3) that extend upward on the first cylinder and meet on the third cylinder (as in annotated Figs. 1-3 – a below); and wherein the second member further includes a second member second and third cylinder portion (those portions of 20 and 22 within second and third cylinder portions, respectively; Figs. 1-3) comprising first and second spaced apart branches that extend upward on the second cylinder and meet on the third cylinder (as in annotated Figs. 1-3 – a below).
PNG
media_image6.png
767
1185
media_image6.png
Greyscale
Regarding claim 16:
Nagase discloses Sport tights according to claim 15, as set forth above.
Nagase further discloses wherein the second member first and third cylinder portion is separated from the second member second and third cylinder portion (as in annotated Figs. 1-3 – a presented in above addressing of claim 15).
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) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Nagase, JP-H1161516-A] in view of [Onoda, US 2010/0011479, newly cited].
Regarding claim 18:
Nagase discloses The sports tights of claim 15, as set forth above.
Nagase does not expressly disclose wherein the first member comprises a synthetic resin.
In further view of Nagase: Nagase discloses the first member comprises a resin (“silicone resin”; Abstract). Nagase does not expressly disclose the silicone resin is a synthetic resin.
Onoda teaches a sports tights 10 wherein a “low-stretch material is” obtained by “attach[ing] an elastomer resin or rubber onto a stretch base fabric” wherein “Examples of rubbers include a silicone rubber, a fluorine rubber, a urethane rubber, a synthetic rubber, a natural rubber, and so on” (para 28).
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 sports tights of Nagase such that its first member comprises a synthetic resin in order to achieve the low-stretch characteristic of the first member so as to provide the tightening force in the third portion. One of ordinary skill would have been confronted with one or more decision(s) as to which specific material to utilize as the first member and would expect the member comprising synthetic resin to be capable of providing the tightening force in the third portion based on the teaching of Onoda.
Regarding claim 19:
Nagase discloses The sports tights of claim 15, as set forth above.
Nagase does not expressly disclose wherein the first member comprises a silicone rubber.
In further view of Nagase: Nagase discloses the first member comprises a resin (“silicone resin”; Abstract). Nagase does not expressly disclose the silicone resin is a silicone rubber.
Onoda teaches a sports tights 10 wherein a “low-stretch material is” obtained by “attach[ing] an elastomer resin or rubber onto a stretch base fabric” wherein “Examples of rubbers include a silicone rubber, a fluorine rubber, a urethane rubber, a synthetic rubber, a natural rubber, and so on” (para 28).
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 sports tights of Nagase such that its first member comprises a silicone rubber in order to achieve the low-stretch characteristic of the first member so as to provide the tightening force in the third portion. One of ordinary skill would have been confronted with one or more decision(s) as to which specific material to utilize as the first member and would expect the member comprising silicone rubber to be capable of providing the tightening force in the third portion based on the teaching of Onoda.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Nagase, JP-H1161516-A] in view of [Oya, EP-1897983-A1, newly cited], [Kaneda, JP-2002220708-A, newly cited] and [Vitarana, US 2011/0083246, newly cited].
Regarding claim 18:
Nagase discloses The sports tights of claim 15, as set forth above.
Nagase further discloses wherein the first member is attached to the main body fabric; is arranged in a predetermined repeating pattern (“stripe pattern”; 7th full paragraph of p. 3); wherein the repeating pattern includes a plurality of linearly arranged portions (stripes of the “stripe pattern”); wherein an extending direction of the linearly arranged portions is a direction closer to left and right directions than to vertical directions (“formed substantially at right angles to the longitudinal direction”; 7th full paragraph of p. 3).
Nagase does not expressly disclose wherein the first member is attached as a plurality of elements to the main body fabric; wherein the plurality of elements are arranged in a predetermined repeating pattern; wherein the repeating pattern includes a plurality of linearly arranged portions in which the plurality of elements are arranged along a predetermined direction; wherein an extending direction of the linearly arranged portions is a direction closer to left and right directions than to vertical directions.
Oya teaches a sports tights 1 wherein (Fig. 2e; para 68) a first member 5 is attached as a plurality of elements 5 to a main body fabric wherein the plurality of elements 5 are arranged in a predetermined repeating pattern (“two-dimensional array on the fabric”; para 68) which is a pattern of repeating polygons 5 wherein the repeating pattern includes plurality of linearly arranged portions (Fig. 2e) in which the plurality of elements 5 are arranged along a predetermined direction (Fig. 2e).
Oya further teaches the arrangement is configured to be a “tightening portion” configured to be provided “at a site where the movement of the body of the wearer is substantial,...allows preventing a situation in which the movement of the body is hindered” (para 68).
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 sports tights of Nagase such that its first member is attached as a plurality of elements to the main body fabric; wherein the plurality of elements are arranged in a predetermined repeating pattern; wherein the repeating pattern includes a plurality of linearly arranged portions in which the plurality of elements are arranged along a predetermined direction; wherein an extending direction of the linearly arranged portions is a direction closer to left and right directions than to vertical directions in order to permit body movement and/or prevent the hindrance of body movement at the location of the first member, as suggested by Oya (para 68).
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 sports tights of Nagase such that its first member is attached as a plurality of elements to the main body fabric; wherein the plurality of elements are arranged in a predetermined repeating pattern; wherein the repeating pattern includes a plurality of linearly arranged portions in which the plurality of elements are arranged along a predetermined direction; wherein an extending direction of the linearly arranged portions is a direction closer to left and right directions than to vertical directions in order to achieve the increased tightening force within the second portion, a motivation found within Nagase (7th paragraph of p. 3). One of ordinary skill would have been confronted with one or more decision(s) as to how, specifically, to provide the stripe pattern of Nagase so as to achieve the increased modulus within the second portion and would have recognized that the repeating pattern including a plurality of linearly arranged portions in which the plurality of elements are arranged along a predetermined direction would be an acceptable arrangement therefor based on the teachings of Oya.
Nagase does not expressly disclose and wherein an interval between adjacent linearly arranged portions is wider than an interval between adjacent elements in a linearly arranged portion.
Kaneda teaches a sports tights 10 comprising “tightening portion[s] 18...and...20” wherein an interval 21 between adjacent linearly arranged portions (those portions of 18 and 20 that are above and below each of intervals 21 so as to form the “striped pattern”; 3rd full paragraph of p. 6); Figs. 1-2) is configured to “ensure[]” “air permeability”; “and sweat and heat are radiated to exercise comfortably... the gaps 21...give...appropriate flexibility to the tightening portions, and can fit the body to improve the exercise followability” (5th full paragraph of p. 7).
Kaneda, while teaching the interval between linearly arranged portions, is silent as to relative width between the interval between linearly arranged portions and the interval between adjacent elements in a linearly arranged portion.
However, Vitarana teaches a “garment with controlled stretch properties” (para 5) wherein “one or more elastomeric coatings on the inside, outside, or both sides of the garment that are designed to be located in a portion of the garment where reduced stretch is desired” (para 10) wherein a pattern of elastomeric coatings 902 (see the lefthand side of Fig. 9) comprises an interval between adjacent linearly arranged portions (see annotated Fig. 9 – a detail below) is wider than an interval between adjacent elements in a linearly arranged portion (see annotated Fig. 9 – a detail below).
PNG
media_image2.png
781
1128
media_image2.png
Greyscale
Kaneda and Vitarana are combinable insofar as each is directed to a sports garment wherein portions thereof provide relative elasticity due to the material construction thereof (see e.g. claim 1 of Kaneda and para 10 of Vitarana).
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 Nagase such that an interval between adjacent linearly arranged portions is wider than an interval between adjacent elements in a linearly arranged portion in order to promote air permeability; to permit sweat and/or heat to radiate for comfort; to provide flexibility to at the location of the first member; and/or to improve body fit whilst exercising, as suggested by Kaneda (5th full paragraph of p. 7 of Kaneda).
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 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