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 .
Claim Objections
Claim 14 is objected to because of the following informalities: In claim 14, line 2, “claps” should read - - clasp - -. 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.
Claim 14 is 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.
In claim 14, line 2, there is no antecedent basis for “the lowest point” and in line 3, “the vertical axis”. It appears that claim 14 should depend from claim 13.
However, the claims, as best understood, have been examined on their merits.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Abbazadeh (US 8323070 ) in view of Kozak (US 10905173).
In regard to claim 1, Abbazadeh discloses a nursing and pumping bra 101 in fig. 24 for an in bra pump comprising: a bottom band 142; a first support including a first sling 130 connected to the bottom band 142, a first clasp 122 connected to the first sling 130; a first strap 112 connected to the first clasp 122 and having a first front end and a first back end as in fig. 24,
a first sizing slider 118 connected to the first back end of the first strap and slidably secured upon the first strap to form a sizing loop in fig. 24;
a first fastener 126 slidably secured on the first strap 112 within the first sizing loop as in fig. 24;
a second support including a second sling 148 connected to the bottom band, a second clasp 120 connected to the second sling, a second strap connected to the second clasp and having a second front end and a second back end’
a second sizing slider 116 connected to the second back end of the second strap and slidably secured upon the second strap to form a second pumping loop, a second fastener slidably secured on the second strap within the second sizing loop;
a body 136, 138 connected to the bottom band and selectively connectable to the first clasp and the second clasp;
the first sizing slider 118 configured to adjust a sizing length of the first support between the first fastener and the first pumping slider and the second sizing slider configured to adjust a sizing length of the second support between the second fastener and the second pumping slider.
However, Abbaszadeh does not specifically disclose a first pumping slider connected to the first front end of the first strap and slidably secured upon the first strap to form a first pumping loop, the first clasp slidable upon the first strap within the first pumping loop and a second pumping slider connected to the second front end of the second strap and slidably secured upon the second strap to form a second pumping loop, the second clasp slidable upon the second strap within the second loop with the first pumping slider configured to adjust a shortest distance between the first clasp and the bottom band, thereby adjusting a strain within the first sling and a force acting on the bottom band, and the second pumping slider configured to adjust a shortest distance between the second clasp and a force acting on the bottom band,
Kosak discloses a first and second slider on the back end as claimed in claim 1 as in figures 73 , 74 and 79 of Kosak.
It is well known in the prior art as seen in Kosak to adjust the length of bra straps and Kosak discloses adjusting multiple straps as in fig. 73, 74 an d 79 in order to assume the proper fit of the brassiere on the wearer or user. The bra straps in Kosak in figs. 73, 74 and 79 provide the adjustability to the straps as claimed and accordingly it would have been obvious to one having ordinary skill in the art at the time of the invention to include more sliders as desired in order to adjust all of the straps to obtain a proper fit on the wearer.
Having sliders on both the top and bottom of a strap can adjust the length of the strap in both the front and rear and would allow for better accessibility of the sliders on the straps. See Kosak fig.. 73, 74, 79 and 36.
In claim 19 Abbaszadeh discloses a nursing and pumping bra for an in bra pump comprising: a bra strap connected to a sizing slider; a fastener and a clasp as well as a bottom band; the sizing slider, configured to adjust a shortest distance between the clasp and the bottom band. However, Abbaszadeh does not disclose the pumping slider configured to adjust a shortest distance between the clasp and the bottom band.
Kosak discloses the pumping slider as claimed wherein the pumping slider is configured to adjust a shortest distance between the clasp and the bottom band.
Accordingly, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the nursing and pumping bra as claimed and as discussed above to further include the additional slider as a pumping strap slider to add more adjustability to the shoulder straps as desired.
IN regard to claim 20 Abbaszadeh discloses a nursing and pumping bra for an in bra pump comprising’ a bottom band , a bra strap connected to the bottom band and the clasp; and a body connected to the bottom band and the clasp; and a body connected to the bottom band and selectively connectable to the clasp; the sizing slider configured to adjust a sizing length between the fastener. However Abbaszadeh does not disclose the pumping slider, and the pumping slider configured to adjust a strap within the sling and the body when the body is connected to the clasp.
Kosak discloses a first and second slider on the back end as claimed in claim 1 as in figures 73 , 74 and 79 of Kosak.
It is well known in the prior art as seen in Kosak to adjust the length of bra straps and Kosak discloses adjusting multiple straps as in fig. 73, 74 an d 79 in order to assume the proper fit of the brassiere on the wearer or user. The bra straps in Kosak in figs. 73, 74 and 79 provide the adjustability to the straps as claimed and accordingly it would have been obvious to one having ordinary skill in the art at the time of the invention to include more sliders as desired in order to adjust all of the straps to obtain a proper fit on the wearer.
Having sliders on both the top and bottom of a strap can adjust the length of the strap in both the front and rear and would allow for better accessibility of the sliders on the straps. See Kosak fig.. 73, 74, 79 and 36.
Abbaszadeh discloses a nursing and pumping bra for an in bra pump comprising: a bra strap connected to a sizing slider; a fastener and a clasp as well as a bottom band; the sizing slider, configured to adjust a shortest distance between the clasp and the bottom band. However, Abbaszadeh does not disclose the pumping slider configured to adjust a shortest distance between the clasp and the bottom band.
Kosak discloses the pumping slider as claimed wherein the pumping slider is configured to adjust a shortest distance between the clasp and the bottom band.
Accordingly, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the nursing and pumping bra as claimed and as discussed above to further include the additional slider as a pumping strap slider to add more adjustability to the shoulder straps as desired.
In regard to claim 2 Abbaszadeh discloses the nursing and pumping bra as in claim 1 and further wherein the body is comprising a neckline edge and an elastic band sewn into the body along the neckline edge. Kosak discloses in elastic about the neckline edge. Kosak discloses the neckline edge in figure 18 at 880 and figure 23 discloses the slider structure as claimed. Accordingly it would have been obvious to one having ordinary skill in the art at the time of the invention to include the elasticized cuff or neckline to the garment to provide the elastic trim to the neckline edge and cuff to add comfort to the wearer.
In regard to claim 3 Abbaszadeh discloses the nursing and pumping bra as claimed in claim 1 with the body comprising a first underarm edge and a second under arm edge and a second underarm edge However, Abbaszadeh does not disclose an elastic band sewn into the body along the first under arm edge.
Accordingly it would have been obvious to one having ordinary skill in the art at the time of the invention to include the elasticized underarm first and second edges to the garment to provide the elastic trim to the neckline edge and cuff to add comfort to the wearer. Accordingly it would have been obvious to one having ordinary skill in the art at the time of the invention to allow for more comfort to the were as well as a better fit in the underarm edges.
In regard to claim 4 it would have been obvious to one of ordinary skill in the art at the time of the invention to construct the garment of a recycled nylon since it is well known to construct bras of such materials to gain the benefits of those materials such as longevity in use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Claims 5-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA M HALE whose telephone number is (571)272-4984. The examiner can normally be reached MON.-THURS..
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/GLORIA M HALE/Primary Examiner, Art Unit 3732
