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 Rejections - 35 USC § 112
Claim 7 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 regard to claim 7 it is not clear as to what is being claimed. It appears that the recitation within the parentheses is optionally claimed rendering the claim indefinite and unclear. Therefore, applicant appears to be only claiming a brassiere. It is not clear if applicant is only claiming a bra frame and no bra cups.
In claim 8, line 2, it is not clear as to how the “brassiere” has a “Bust growth promoting effect”. It is not clear as to how applicant is claiming a bra that assists in the growth of a wearer’s bust.
In regard to claim 9, it is not clear as to how the “lymphatic and blood flow in the bust deteriorates” due to the “supporting part” to thereby cause the bust to swell and become larger as claimed.
In regard to claims 10-13 it is not clear as to how the method of wearing the bra would enlarge the bust. No specific method steps have been claimed other than wearing the bra.
The claims, as best understood, have been examined on their merits.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Clarke (US 1167741).
In regard to claim 1, Clarke discloses a brassiere comprising a supporting part (left side 15,, right side 15) in figs. 1 and 2, that supports the bust from below wherein no bra cup is provided above the supporting part (left side 15, right side 15) in figs. 1 and 2.
In regard to claim 2, Clarke discloses the brassiere according to claim 1 as in figures 1 and 2 and further comprising a pressing member, strap 8 in fig. 1 that is provided above the support part ( 15- left side and 15 right side) and is configured to contact an upper portion of the bust ( not numbered in figure 1)and apply a force downward to the bust. (See Clarke figures 1 and 2 and line 14- line 67).
In regard to claim 3, Clarke discloses the brassiere according to claim 2 wherein the pressing member 8 is integrated with the supporting part as seen in figure 1 and in line 14- line 67.
In regard to claim 4, Clarke discloses the brassiere as in claim 2 and wherein the pressing member 8 is a separate member from the supporting part in that one end of the pressing part is connected with the buckle 9 and the other end is sewn to the supporting part 15 on the wearer’s right side as seen in figure 1 and see line 14- line 67.
In regard to claim 6, Clarke discloses the brassiere as claimed in claim 2 and wherein the pressing member includes a left pressing member connected to the buckle 9 in figure 1 and a right pressing member 8 on the right side of the wearer in figure 1 and a detachable member configured to attach and detach the left pressing member and the right pressing member 8 in figure 2 wherein the left member is to the left of the buckle 9 in figure 1.
In regard to claim 7, Clarke discloses the brassiere as seen in figures 1 and 2 and that is excluding a bra cup as seen in figure 1.
In regard to claim 8 Clarke discloses the brassiere according to claim 1 and further wherein the brassiere has a bust growth promoting effect as in lines 19-35,68-86.
In regard to claim 9 Clarke discloses the brassiere as in figure 1 and as claimed in claim 1 wherein lymphatic and blood flow in the bust causing the bust to become larger as claimed. (See Clarke lines 19-35 and 68-86.
In regard to claims 10 Clarke inherently discloses a method of bust enlargement causing a person to wear the brassiere as claimed in claim 1 and as seen in figure 1 of Clarke and lines 19-35 and 68-86.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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
