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
The amendments filed with the written response received on 06/03/2026 have been considered and an action on the merits follows. As directed by the amendment, claim 9 has been amended; claims 1-8, 11, 15, and 17-28 are canceled; and claims 29-42 have been added. Accordingly, claims 9-10, 12-14, 16, and 29-42 are pending in this application.
Election/Restrictions
Claims 1-8, 11, 15, and 17-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/03/2026.
Applicant's election with traverse of Species O, sub-species iii, and sub-sub species b in the reply filed on 06/03/2026 is acknowledged. The traversal is on the ground(s) that the species can be search and examined without serious search or examination burden since the CPC codes for the species would not only likely fall within the same sub-class, but would also likely fall under the same main group.
This is not found persuasive because applicant’s assertion that the disclosed species would likely be classified without the same CPC subclass or main group does not, by itself, establish that a serious search burden is absent. As previously set forth in the requirement, the claimed species are patentably distinct and encompass materially different support garment embodiments that required separate consideration of their illustrated structure and arrangement and functional features. Accordingly, examination of all disclosed species would require additional search and examination effort beyond that required for a single elected species.
The requirement is still deemed proper and is therefore made FINAL.
Further, Claims 14, 16, 29, 32-33, and 35-42 are withdrawn from further consideration as being drawn to a non-elected species groupings. Specifically:
Claims 14, and 35-42 recite distinct embodiments comprising a tension element which corresponds to at least non-elected Species P-T (see paras 0210-0219, 0222, 0227, 0230, 0231, and 0233-0235; and corresponding figures).
Claim 16 recites a distinct embodiment comprising nipple covers which corresponds to at least non-elected Species U-W (see paras 0242, 0244, 0246, 0249-0257; and corresponding figures).
Claim 29 recite a distinct embodiment comprising the adhesive dot matrix pattern is positioned in proximity to closed edges along a perimeter of the front pocket which corresponds to non-elected Species M (see paras 0185-0187; and corresponding figures).
Claims 32-33 recite embodiments distinct embodiments comprising first and second zones having different levels of adhesive dot densities which corresponds to at least non-elected Species A-B (paras 0100-0106 and 0110-0116; and corresponding figures).
Because these claims include elements and features of non-elected species, the claims are not limited to the elected species and are therefore withdrawn from further consideration.
Claim Rejections - 35 USC § 103
Claim 9, 10, 12, 13, and 30 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0219628 A1 to Rendone in view of US 2015/0017877 A1 to Cholet.
For claim 9, Rendone discloses a breast support garment (100), comprising: a front portion (110) for covering at least a portion of a chest area of a wearer and extending from a first side of the breast support garment to a second side of the breast support garment (see fig. 1); the front portion comprising three or more layers, including: an outer layer (104) including an outer face of the breast support garment and an opposite inner face (inner and outer surfaces of 104); an inner layer (162) including a first face and an opposite second face (inner and outer surfaces of 162); and a pocket liner layer (164) including a first face and an opposite second face (inner and outer surfaces of 164; wherein the pocket liner layer forms a front pocket on the front portion of the breast support garment (para 0076).
Rendone does not specifically disclose: an adhesive dot matrix pattern disposed on the pocket liner layer; and wherein the adhesive dot matrix pattern is positioned in proximity to closed edges along a perimeter of the front pocket to provide support to items stored in the front pocket.
However, Rendone does teach the lower support panel may be affixed to the interior support panel assembly such that the lower support panel is also positioned adjacent to the first surface of the interior support panel assembly; and it is contemplated that other means of affixing the panels may be used, such as tacking, adhesive, or bonding (para 0077).
Attention is also directed to Cholet teaching an analogous support garment (abstract of Cholet). Specifically, Cholet provides the layers can be bonded by dots of adhesive for purposes of providing elasticity and breathability of the bonded layers (paras 0019-0020 of Cholet). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the bonding between the inner layer and the pocket layer of Rendone is an adhesive dot matrix for purposes of providing elasticity and breathability of the bonded layers, as taught by Cholet (paras 0019-0020 of Cholet). As modified, and as best understood by applicant disclosure of Species O in the specification, Rendone would be considered as being in proximity to the closed edges along a perimeter of the front pocket since one of ordinary skill in the art would understand that all elements of a system are in some proximity to other elements of said system, and the closed edges of the formed pocket would be some proximal distance from the dot adhesive matrix, as modified by Cholet.
For claim 10, the modified Rendone teaches the breast support garment according to claim 9, wherein the first face of the pocket liner layer is joined to the inner face of the outer layer to form the front pocket between the outer layer and the pocket liner layer (para 0076).
For claim 12, the modified Rendone teaches the breast support garment according to claim 9, wherein an adhesive dot matrix pattern is disposed between the inner layer and the pocket liner layer to join the inner layer to the pocket liner layer (see discussion for claim 9 above and teachings of Cholet).
For claim 13, the modified Rendone teaches the breast support garment according to claim 9, wherein the outer layer includes a front lip that extends farther from a top edge of the front portion of the breast support garment than a rear lip of the inner layer; and wherein an opening of the front pocket is disposed between the front lip and the rear lip (paras 0076 and fig. 8).
For claim 30, the modified Rendone teaches the breast support garment according to claim 9, wherein the front pocket is a full panel front pocket that extends from the first side of the breast support garment to the opposite second side of the breast support garment (para 0076 and see fig. 8 wherein the front pocket is a full panel front pocket that extends from the first side of the breast support garment to the opposite second side of the breast support garment).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Rendone in view of Cholet as applied to claim above 9, and further in view of US 2019/0174841 A1 to Bastug.
For claim 31, the modified Rendone teaches the breast support garment according to claim 9, but does not specifically disclose wherein the front portion further comprises an engineered support structure comprising an adhesive dot matrix pattern disposed between the inner layer and the pocket liner layer.
However, attention is directed Bastug teaching an analogous support garment (abstract of Bastug) comprising pockets (para 0040 Bastug). Specifically, Bastug teaches the garment comprises an under bust film (475) formed as a bonded film of elastomeric adhesive for purposes of providing under bust support to the garment (paras 0038-0039 of Bastug). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Rendone would be further modified to comprise an under bust film formed as a bonded film of elastomeric adhesive between the inner layer and the pocket liner layer for purposes of providing under bust support to the garment. Also, It would have been further obvious to one of ordinary skill in the art before the effective filing date wherein the bonded film is an adhesive dot matrix for purposes of providing elasticity and breathability of the bonded layers, as taught by Cholet (paras 0019-0020 of Cholet).
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Rendone in view of Cholet as applied to claim 9 above, and further in view of US 11,576,442 B1 to Jones.
For claim 34, the modified Rendone teaches breast support garment according to claim 9, but does not specifically disclose further comprising an additional support structure, wherein the additional support structure extends beneath a first breast cup and a second breast cup of the breast support garment, and wherein the additional support structure is an underwire structure or a memory foam support structure.
However, attention is directed to Jones teaching an analogous support garment (abstract of Jones). Specifically, Jones teaches a memory foam disposed beneath the first and second cups of the support garment for purposes of providing firm support under the breast (col. 4, lines 12-27 of Jones). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Rendone would be further modified to comprise a memory foam disposed beneath the first and second cups of the support garment for purposes of providing firm support under the breast, as taught by Jones (col. 4, lines 12-27 of Jones).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICK I LOPEZ whose telephone number is (571)272-3262. The examiner can normally be reached Monday - Friday: 9:00am - 5:30pm EST.
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.
/ERICK I LOPEZ/Examiner, Art Unit 3732
Prosecution Insights