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 06/04/2026 is acknowledged.
Claims 1-4 and 7-20 are presented.
Claim 3 remains withdrawn.
The present Office action treats claims 1-2, 4, and 7-20 on the merits.
The present Office action is a final rejection.
Response to Arguments
Applicant’s REMARKS of 06/04/2026 (see p. 8-14 of the reply) are fully considered.
Regarding CLAIM REJECTIONS – 35 U.S.C. § 112 (p. 8): Applicant’s remarks are fully considered and are persuasive. Specifically: upon review of the amended claims, Applicant’s remarks (see p. 8 lines 9-20 of the reply of 06/04/2026), and upon further review of the disclosure as filed, the 35 USC 112 rejections as applied in the previous Office action are overcome.
Regarding CLAIM REJECTIONS – 35 U.S.C. § 102 (p. 8-10): Applicant’s remarks are fully 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.
Regarding CLAIM REJECTIONS – 35 U.S.C. § 103 (p. 10-14): Applicant’s remarks are fully 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.
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) 1-2, 4, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Driver, US 2017/0172238, newly cited] in view of [Goldsmith, US 1,829,989, newly cited] and [Mellos, US 2023/0059401, cited by Applicant on the IDS of 09/09/2025].
Regarding claim 1:
Driver discloses (Figs. 1-5 and 14):
A garment 10 comprising:
a body 12 including a first opening (at a bottom edge thereof as is evident in Figs. 1-4; and where the lead line from 44 terminates in each of Figs. 1-4) positioned opposite a second opening 14;
a first sleeve 16A and a second sleeve 16B each coupled (para 27; Figs. 1-4) to the body proximate to the second opening (Figs. 1-4);
a first gusset 50A disposed at least in part in a first underarm region (para 27) and coupled to (paras 39-40; Figs. 1-4) the first sleeve and the body, the first gusset including:
a first fabric (“inner layer 52...constructed of a fabric”; para 30) layer 52;
a second fabric (“woven” or “knitted” or a combination of woven and knitted; para 38) 58 layer; and
a third fabric (“intermediate layer 54...formed of a fabric material”; para 32) layer 54 disposed between the first fabric layer and the second fabric layer (paras 30-31; Fig. 14),
wherein each of the first fabric layer and the third fabric layer include a technical face (Fig. 14) and a technical back (Fig. 14) and designed to transport moisture (52 is “configured to wick moisture, and in particular sweat, away from the body of the wearer”; para 30 54 is “also configured to wick moisture away from the body of a wearer”; para 31)
Driver does not expressly disclose the second fabric layer imparted with moisture-resistant properties.
Driver describes the second fabric layer as “located adjacent to the outer layer 56. The extra-outer layer 58, when included, is located at an opposite end of the inlay 50 from the inner layer 52, such that the outer layer 56, as well as the intermediate layer 54, if included, are located between the inner layer 52 and the extra-outer layer 58. The extra-outer layer 58 may be provided as a barrier between the outer layer 56 and the outside environment, to protect and cover the outer layer 56 as well as to provide an aesthetically pleasing exterior surface to the inlays 50, which forms an exterior surface of the garment 10 in which the inlays 50 are included, as explained in detail below...In some embodiments, the extra-outer layer 58 is formed of a mesh material. The mesh material includes openings 60 that permit passage of air through the extra-outer layer, and in turn accelerates drying of the outer layer 56. In some embodiments, the extra-outer layer 58 is formed of a woven material, a knitted material, or combination thereof. In some embodiments, the extra-outer layer 58 is formed of a woven mesh material” (paras 37-38).
Driver is silent as to whether the second fabric layer 58 is imparted with moisture-resistant properties. However, one of ordinary skill would recognize that it could be so imparted and continue to provide the capability/capabilities of: protecting and covering outer layer 56, providing an aesthetically pleasing exterior surface, and/or permitting drying out of the outer layer therethrough.
Nevertheless, Goldsmith teaches a fabric layer that is fabric mesh and is imparted with moisture-resistant properties: “the fabric may be knitted...The fabric need not be formed by knitting, but may be formed by weaving, or by a combination of weaving and knitting, provided the weave Or mesh is not sufficiently tight to prevent or seriously obstruct the flow of water through the interstices of the fabric” (p. 1 lines 77-88); “coated or impregnated with a water-repellent material not necessarily different from that used in the treatment of so-called waterproof garments, e. g., rain- coats, to render them substantially impermeable to water”; p. 1 lines 25-31.
Goldsmith further teaches the fabric mesh imparted with moisture-resistant properties is such that “the mesh...affords openings through which water readily passes from one side to the other of the fabric, the yarn of the fabric being treated with a water-repellent composition adapted to render the garment quick-drying but adapted to avoid serious obstruction of the specific openings” (claim 4).
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 garment of Driver such that its second fabric layer is a second fabric layer imparted with moisture-resistant properties in order to render the second fabric layer quick-drying without obstructing the openings in the mesh thereof, as suggested by Goldsmith (claim 4).
Driver does not expressly disclose wherein each of the first fabric layer and the third fabric layer include a technical face and a technical back, and the technical face is designed to transport moisture to the technical back.
In further view of Driver: in Driver, the capability of transporting moisture is away from a body of a wearer and therefore in a direction from technical face to technical back (52 is “configured to wick moisture, and in particular sweat, away from the body of the wearer”; para 30 54 is “also configured to wick moisture away from the body of a wearer”; para 31); however, Driver is silent as to whether the technical face, specifically, is designed to transport moisture as claimed.
Mellos teaches a fabric layer (“double knit fabric”; para 7) comprising a technical face and a technical back and the technical face is designed to transport moisture to the technical back: “the eyelets on the technical face create openings by a tuck stitch being held in a repeated pattern to expose the underlying hydrophilic yarns of the technical back and encourage the moisture, in particular blood, urine or sweat, to pass through the eyelet openings and wick through to the back. The combination of 50% of the yarns on the technical face being hydrophobic and the concentration of hydrophilic wicking yarns on the technical back, discourage moisture from returning to the technical face” (para 69).
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 Driver such that each of the first fabric layer and the third fabric layer technical face is designed to transport moisture to the technical back in order to promote moisture transport away from the body of the wearer and to discourage moisture transport in the reverse direction back towards the wearer, as suggested by Mellos (para 69).
Regarding claim 2:
Driver in view of Goldsmith and Mellos teach The garment of claim 1, as set forth above.
Driver further discloses wherein the first gusset is substantially symmetrical with respect to a coronal axis of the garment (Figs. 1-4).
Regarding claim 4:
Driver in view of Goldsmith and Mellos teach The garment of claim 1, as set forth above.
Driver further discloses wherein: the body further includes a front torso portion (Fig. 1) integrally formed (Figs. 2 and 4) with a rear torso portion (Fig. 3),the first gusset is coupled to at least one of the first sleeve, the front torso portion, and the rear torso portion via a first gusset seam (para 40; Figs. 1-5), a second gusset is coupled to at least one of the second sleeve, the front torso portion, and the rear torso portion via a second gusset seam (para 40; Figs. 1-5).
Regarding claim 8:
Driver in view of Goldsmith and Mellos teach The garment of claim 1, as set forth above.
The modified Driver further meets the limitation wherein the technical face of each of the first fabric layer and the third fabric layer includes a plurality of pores (i.e. those pores of the texture as explained in above addressing of claim 1) designed to transport moisture (as set forth in above addressing of claim 1).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Driver, US 2017/0172238], [Goldsmith, US 1,829,989] and [Mellos, US 2023/0059401] as applied to claim 1 above, and further in view of [Bellairs, US 4,863,788, newly cited] and [Glatt, US 3,588,916, newly cited].
Regarding claim 7:
Driver in view of Goldsmith and Mellos teach The garment of claim 1, as set forth above.
For the purpose of applying art to claim 1 above, element 58 of Driver is mapped to the claimed second fabric layer. However, an equally valid interpretation is to consider the combined 56 and 58 to be a second fabric layer comprising sublayers: i.e. wearer-facing sublayer 56 and outward-facing sublayer 58 wherein it is noted both 56 and 58 are wearer-facing and also outward-facing.
In considering the combined 56 and 58 to be the claimed second fabric layer, the modified Driver as applied to claim 1 therefore further meets the limitation:
wherein the second fabric layer includes a second wearer-facing sublayer 56 and a second outward-facing sublayer 58
The modified Driver does not meet the limitation wherein the first outward-facing sublayer is laminated with a hydrophobic film comprising a thermoplastic polyurethane.
However the first outward-facing sublayer 58 is imparted with moisture-resistant properties as explained in above treatment of claim 1. And in further view of Goldsmith, such moisture-resistant properties are achieved via being “coated or impregnated with a water-repellent material not necessarily different from that used in the treatment of so-called waterproof garments, e. g., rain- coats, to render them substantially impermeable to water”; p. 1 lines 25-31. Goldsmith does not teach whether such coating or impregnation results in lamination with hydrophobic film comprising thermoplastic polyurethane.
Bellairs teaches and within the context of garments (col. 1 lines 15-25) a coating or impregnation with a water-repellent material that results in lamination with a hydrophobic film comprising thermoplastic polyurethane: “coating to impart water resistance and breathability to a textile substrate...microporous...structure is produced using a solvent/non-solvent method from a thermoplastic polymer such as polyvinylidene fluoride, polyvinylidene chloride, and thermoplastic polyurethane” (col. 3 lines 11-23). Bellairs further teaches the microporous structure “provides the coated fabric with the properties of waterproofness and breathability” (Abstract).
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 Driver such that its first outward-facing sublayer is laminated with a hydrophobic film comprising a thermoplastic polyurethane in order to provide waterproofness and breathability, as suggested by Bellairs (Abstract).
Driver does not expressly disclose wherein the first fabric layer includes a first wearer-facing sublayer and a first outward-facing sublayer.
Glatt teaches an “UNDERARM SHIELD” (title) for a garment (col. 1 line 15) wherein a first gusset layer 16, 16 (i.e. the combined 16 and 16) includes a first wearer-facing sublayer 16 (i.e. one of 16 wherein it is noted that each of 16 faces both the wearer and also faces outward) and a first outward-facing sublayer 16 (i.e. the other of 16 wherein it is noted that each of 16 faces both the wearer and also faces outward);
Glatt further teaches sublayers 16 are for wicking perspiration (col. 2 line 67).
Glatt further teaches the numeracy sublayers 16 and sublayer 17 are such that “can vary depending upon the garment being worn and the individual characteristics of the user, such as age and physical condition. That is, in the case of an individual who does not perspire to a great extent, for example, the number of layers 17 can he relatively few. On the other hand, if the individual wearing the garment is a man of heavy build and high perspiring tendencies, then the shield can be constructed of a much larger number of layers 17. Also, the number of layers 16 can be varied in the same manner” (col. 3 lines 6-15).
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 Driver such that the first fabric layer includes a first wearer-facing sublayer and a first outward-facing sublayer in order to manage a high degree of perspiration due to the numeracy of sublayers provided thereby, as suggested by Glatt (col. 3 lines 6-15).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Driver, US 2017/0172238], [Goldsmith, US 1,829,989] and [Mellos, US 2023/0059401] as applied to claim 1 above, and further in view of [Cui, US 2017/008217, previously cited].
Regarding claim 9:
Driver in view of Goldsmith and Mellos teach The garment of claim 1, as set forth above.
Driver further discloses wherein: the body of the garment comprises a first fabric (para 25), the second fabric layer of the first gusset comprises a second fabric (para 38), a moisture-repellent finish (i.e. that which imparts it with moisture-resistant properties in the manner described in Goldsmith p. 1 lines 25-31) is applied to the second fabric.
Driver does not expressly disclose the first fabric and the second fabric each include hydrophilic fibers.
Cui teaches a shirt body comprising hydrophilic fibers: “[]shirt textile...cotton” (para 150). Cur further teaches “wicking rate is a[] desirable property of a textile...higher wicking rate means perspiration can spread and evaporate. Cotton can have a high wicking rate due to the hydrophilic cellulose fibers” (para 108).
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 Driver such that the first fabric and the second fabric each include hydrophilic fibers in order to promote wicking and/or spreading and evaporation of perspiration, as taught by Cui (para 108).
Regarding claim 10:
Driver in view of Goldsmith, Mellos, and Cui teach The garment of claim 9, as set forth above.
Driver further discloses wherein the first fabric layer of the first gusset comprises a third fabric and the third fabric is substantially hydrophobic (“constructed of a fabric formed partially or completely of hydrophobic fibers” (para 30) such that third fabric is substantially hydrophobic).
The modified Driver as applied to claim 9 above does not meet the limitation wherein the third fabric layer is substantially similar to the first fabric layer.
However and in further view of Driver: Driver teaches third fabric layer and first fabric layer can either be substantially similar or in different forms: “In some embodiments, the intermediate layer 54 is identical to the inner layer 52. In some embodiments, the intermediate layer 54 is different from the inner layer 52” (para 31).
In addition, a person of ordinary skill would have a reasonable expectation of success at achieving the moisture transport within layers 52, 54 whether the two layers 52, 54 were substantially similar or in different forms.
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 Driver such that the third fabric layer is substantially similar to the first fabric layer in order to yield the predictable result of the capability of wicking moisture through the first and third fabric layers due to the common wicking properties of each. A person of ordinary skill would have a reasonable expectation of success at achieving the moisture transport within layers 52, 54 if layers 52, 54 were substantially similar based on the teachings of Driver para 31.
Claim(s) 11-14 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Driver, US 2017/0172238, newly cited] in view of [Mellos, US 2023/0059401, cited by Applicant on the IDS of 09/09/2025] and [Kajanthan, US 2023/0390127, newly cited].
Regarding claim 11:
Driver discloses (Figs. 1-5 and 14):
A garment 10 comprising:
a body 12 comprising:
a front torso portion (Fig. 1; i.e. the portion of body 12 presented to the viewer in Fig. 1) and a rear torso portion (Fig. 3; i.e. the portion of body 12 that is presented to the viewer in Fig. 3);
a neck opening 14 disposed opposite (Figs. 1-4) a waist opening (the opening at a bottom edge of body 12 as is evident in Figs. 1-4; and where the lead line from 44 terminates in each of Figs. 1-4);
left 16A and right 16B sleeves coupled to (para 27; Figs. 1-4) the front and rear torso portions;
a left gusset 50A disposed at least partially within a left underarm region (para 27) and coupled to (paras 39-40; Figs. 1-4) the left sleeve and to the front and rear torso portions, the left gusset designed to impart moisture management properties to the garment (“configured to wick and absorb sweat from the underarms of a wearer of the garment 10”; para 29); and
a right gusset 50B disposed at least partially within a right underarm region (para 27) and coupled to (paras 39-40; Figs. 1-4) the right sleeve and to the front and rear torso portions, the right gusset designed to impart moisture management properties to the garment (“configured to wick and absorb sweat from the underarms of a wearer of the garment 10”; para 29),
wherein each of the left and right gussets includes:
a first gusset layer 52 having a first perimeter edge (Fig. 14),
a second gusset layer 56 having a second perimeter edge (Fig. 14), and
a third gusset layer 54 positioned between the first gusset layer and the second gusset layer, wherein each of the first gusset layer, the second gusset layer, and the third gusset layer includes a technical face (see annotated Fig. 14 – a below) and a technical back (see annotated Fig. 14 – a below), whereby the second gusset layer and the third gusset layer are arranged such that the technical back of the second gusset layer is positioned and located adjacent to the technical back of the third gusset layer (as in annotated Fig. 14 – a below).
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Driver does not expressly disclose wherein each of the left and right gussets includes: the first perimeter edge is coupled to the second perimeter edge.
In further view of Driver: first and second perimeter edges as presented in Fig. 14 appear to be coextensive with each other. In addition, Driver teaches that the “The inlays 50A, 50B are...affixed within the openings 34A, 34B about the outer edges 62 thereof, by conventional means known in the art. In some embodiments, the edges...of the inlays 50 are stitched to the edges...defining the openings 34” (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 garment of Driver such that each of the left and right gussets includes the first perimeter edge is coupled to the second perimeter edge via a stitching that affixes each gusset 50A, 50B to the remainder of the garment in such a way that both first gusset layer 52 and also second gusset layer 58 are secured to each other and to the remainder of the garment in such a way that the first gusset layer and the second gusset layer remain in position via the stitching that affixes each gusset 50A, 50B to the remainder of the garment during use and/or laundering of the garment.
Driver does not expressly disclose wherein each of the first gusset layer, the second gusset layer, and the third gusset layer includes a technical face imparted with a first texture and a technical back imparted with a second texture.
Mellos teaches a fabric layer (“double knit fabric”; para 7) comprising a technical face and a technical back and the technical face is designed to transport moisture to the technical back, the technical face imparted with a first texture (via the pores (i.e. “openings”) thereof): “the eyelets on the technical face create openings by a tuck stitch being held in a repeated pattern to expose the underlying hydrophilic yarns of the technical back and encourage the moisture, in particular blood, urine or sweat, to pass through the eyelet openings and wick through to the back. The combination of 50% of the yarns on the technical face being hydrophobic and the concentration of hydrophilic wicking yarns on the technical back, discourage moisture from returning to the technical face” (para 69).
Mellos is silent as to the technical back imparted with a second texture:
However, Kajanathan teaches providing pores onto a front and a back of a fabric layer: i.e. “an outer side...of the wicking component...comprises larger pores than an inner side...of the wicking component...to facilitate communication of liquid” (claim 19); “differential capillary forces on either side can be created by the fabric structure of the wicking component 102 where one side of the wicking component 102 has a smaller pore size in comparison to the opposite side of the wicking component 102. Ideally, this pore combination creates funnel-like structures through the wicking component 102 in cross-section, where the liquid is pulled from the side with the larger pore size to the side with the smaller pore size, due to the differential capillary pressure” (para 34).
Mellos and Kajanthan are combinable in that each is directed to moisture transport of fluids in an apparel context (see e.g. Abstract of Mellos: “moisture wicking...absorbing”; “garment”; see e.g. Abstract of Kajanathan: “garment...liquid...wicking...absorbent”, para [0031] of Kajanathan: “acquiring and distributing liquid or moisture...moisture management functionality”).
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 Driver such that its first and third gusset layers such that each technical face is imparted with a first texture comprising a first pore size and a technical back imparted with a second texture comprising a second pore size that is smaller than the first pore size in order to promote liquid transport from each technical face to each technical back, as suggested by Kajanathan (para 34). One would be motivated to adopt the modification insofar as Driver first and third gusset layers are intended to transport liquid “away from the body of the wearer” (paras 30, 31 of Driver) in the direction from technical face to technical back.
Regarding the second gusset layer:
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 second gusset layers such that its technical face is imparted with a first texture comprising a first pore size and a technical back imparted with a second texture comprising a second pore size that is larger than the first pore size in order to promote liquid transport from the technical back to the technical face, as suggested by Kajanathan (para 34). One would be motivated to adopt the modification insofar as Driver second gusset layer, though having a lesser “rate of moisture wicking” than the first layer 52 (para 30), is configured to “dissipate moisture transported thereto by the “ first and/or third layers (para 34 of Driver) and configured to “dry rapidly...to dissipate absorbed sweat” so as to “avoid[] oversaturation” of the second layer and/or moisture transport back to the first and third layers (para 36) whereby “air” passing through extraneous layer 58 “accelerates drying” of the second layer (para 38) such that a person of ordinary skill would be motivated to provide the second layer 56 with the capability to promote liquid transport from the technical back to the technical face so as to transport the liquid to the technical face for the purpose of its interacting with incident air thereat for drying as described in Driver lest the liquid oversaturate within the second layer and/or rewick backwards to first and third layers as described in Driver paras 34, 36, 38.
Regarding claim 12:
Driver in view of Mellos and Kajanathan teach The garment of claim 11, as set forth above.
Driver further discloses wherein the first gusset layer, the second gusset layer, and the third gusset layer are substantially coextensive (Fig. 14).
Regarding claim 13:
Driver in view of Mellos and Kajanathan teach The garment of claim 11, as set forth above.
Driver further discloses wherein: the first gusset layer and the second gusset layer of each of the left and right gussets are coupled via bonding (“affixed to each other...using...stitching, adhesives, hot pressing and hot rolling”; para 47), the left gusset is coupled to the front torso portion, the rear torso portion, and the left sleeve via one or more seams (para 40), the right gusset is coupled to the front torso portion, the rear torso portion, and the right sleeve via one or more seams (para 40).
Regarding claim 14:
Driver in view of Mellos and Kajanathan teach The garment of claim 11, as set forth above.
Driver further discloses wherein neither the left gusset nor the right gusset includes a laminated film (each gusset comprises 52, 54, 56, and 58 of Driver, and these elements are each a “fabric” (paras 30, 32, 36 of Driver). As described in Driver, no layer 52, 54, 56, and/or 58 is or avails a laminated film and no additional layer is described as being present in either gusset of Driver such that Driver meets the limitation “neither the left gusset nor the right gusset includes a laminated film”).
Regarding claim 16:
Driver in view of Mellos and Kajanathan teach The garment of claim 11, as set forth above.
The modified Driver further meets the limitation wherein: the first texture of the technical face of each of the first gusset layer and the third gusset layer designed to facilitate moisture adsorbance (each of the first and third layers comprises a first texture as described in above treatment of claim 11; first and third layers are configured such that moisture is capable of adsorbing into and through the first layer from technical face to technical back and further into and through the third layer as described in above treatment of claim 11 such that the technical face of each is designed to facility moisture adorbance as claimed), the first gusset layer and the third gusset layer are arranged such that the technical back of the first gusset layer is positioned adjacent to the technical face of the third gusset layer (as in annotated Fig. 14 – a presented in above treatment of claim 11).
Regarding claim 17:
Driver in view of Mellos and Kajanathan teach The garment of claim 11, as set forth above.
Driver further discloses wherein the third gusset layer is substantially similar to the first gusset layer (para 31; Fig. 14).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Driver, US 2017/0172238], [Mellos, US 2023/0059401], and [Kajanthan, US 2023/0390127] as applied to claim 11 above, and further in view of [Walsh, US 2008/0060113, cited by Applicant on the IDS of 09/09/2025].
Regarding claim 15:
Driver in view of Mellos and Kajanathan teach The garment of claim 11, as set forth above.
Driver does not expressly disclose wherein at least one of the first gusset layer and the second gusset layer is treated with one or more agents selected from a group consisting of a wicking agent, a soil release agent, an odor control agent, a water-repelling agent, a water-resistant agent, an antibacterial agent, an antimicrobial agent, a hygiene agent, and combinations thereof.
Walsh teaches a garment wherein “the material from which the underarm portions are fabricated wicks the fisherman's perspiration away from his/her underarms and neutralizes odor-causing bacteria to which it is exposed” (para 23) wherein “the fabric from which underarm portions 20 is fabricated is treated with IEgis antimicrobial fabric finish from AEGIS Environmental Management, Inc. of Midland, Mich. Triclosan...applied as a fabric finish; or another anti-microbial agent that is known in the art” (para 51) such that Walsh teaches treatment with an agent that is: an odor control agent (para 23), an antibacterial agent (para 23), an antimicrobial agent (para 51), and a hygiene agent (paras 23 and 51; i.e. capable of neutralizing bacteria and microbes such that it is capable of affording hygienic properties) .
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 Driver such that at least one of the first gusset layer and the second gusset layer is treated with an agent being an odor control agent, an antibacterial agent, an antimicrobial agent, and/or a hygiene agent in order to control odor in the underarm area of the garment, as suggested by Walsh (paras 23 and 51).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Driver, US 2017/0172238], [Mellos, US 2023/0059401], and [Kajanthan, US 2023/0390127] as applied to claim 11 above, and further in view of [Glatt, US 3,588,916, newly cited].
Regarding claim 18:
Driver in view of Mellos and Kajanathan teach The garment of claim 11, as set forth above.
Driver does not expressly disclose wherein: the first gusset layer of each of the left and right gussets includes a first wearer-facing sublayer and a first outward-facing sublayer, the second gusset layer of each of the left and right gussets further includes a second wearer-facing sublayer and a second outward-facing sublayer ,the first wearer-facing sublayer and the first outward-facing sublayer of the first gusset layer are provided in substantially the same form, and the second wearer-facing sublayer and the second outward-facing sublayer of the second gusset layer are provided in substantially the same form.
Glatt teaches an “UNDERARM SHIELD” (title) for a garment (col. 1 line 15) wherein a first gusset layer 16, 16 (i.e. the combined 16 and 16) includes a first wearer-facing sublayer 16 (i.e. one of 16 wherein it is noted that each of 16 faces both the wearer and also faces outward) and a first outward-facing sublayer 16 (i.e. the other of 16 wherein it is noted that each of 16 faces both the wearer and also faces outward); a second gusset layer 17, 17 (i.e. the combined 17, 17) includes a second wearer-facing sublayer 17 and a second outward-facing sublayer 17, the first wearer-facing sublayer and the first outward-facing sublayer of the first gusset layer are provided in substantially the same form, and the second wearer-facing sublayer and the second outward-facing sublayer of the second gusset layer are provided in substantially the same form (col. 2 line 69 – col. 3 line 15).
Glatt further teaches sublayers 16 are for wicking perspiration (col. 2 line 67) and that sublayers 17 are for absorbing perspiration (col. 3 lines 4-5).
Glatt further teaches the numeracy sublayers 16 and sublayer 17 are such that “can vary depending upon the garment being worn and the individual characteristics of the user, such as age and physical condition. That is, in the case of an individual who does not perspire to a great extent, for example, the number of layers 17 can he relatively few. On the other hand, if the individual wearing the garment is a man of heavy build and high perspiring tendencies, then the shield can be constructed of a much larger number of layers 17. Also, the number of layers 16 can be varied in the same manner” (col. 3 lines 6-15).
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 Driver such that its first gusset layer of each of the left and right gussets includes a first wearer-facing sublayer and a first outward-facing sublayer, the second gusset layer of each of the left and right gussets further includes a second wearer-facing sublayer and a second outward-facing sublayer ,the first wearer-facing sublayer and the first outward-facing sublayer of the first gusset layer are provided in substantially the same form, and the second wearer-facing sublayer and the second outward-facing sublayer of the second gusset layer are provided in substantially the same form in order to manage a high degree of perspiration due to the numeracy of sublayers provided thereby, as suggested by Glatt (col. 3 lines 6-15).
Regarding claim 19:
Driver in view of Mellos and Kajanathan teach The garment of claim 11, as set forth above.
Driver does not expressly disclose wherein: the first gusset layer of each of the left and right gussets includes a first wearer-facing sublayer and a first outward-facing sublayer, the second gusset layer of each of the left and right gussets further includes a second wearer-facing sublayer and a second outward-facing sublayer ,the first wearer-facing sublayer and the first outward-facing sublayer of the first gusset layer are provided in different forms, and the second wearer-facing sublayer and the second outward-facing sublayer of the second gusset layer are provided in different forms.
Glatt teaches an “UNDERARM SHIELD” (title) for a garment (col. 1 line 15) wherein a first gusset layer 16, 16 (i.e. the combined 16 and 16) includes a first wearer-facing sublayer 16 (i.e. one of 16 wherein it is noted that each of 16 faces both the wearer and also faces outward) and a first outward-facing sublayer 16 (i.e. the other of 16 wherein it is noted that each of 16 faces both the wearer and also faces outward); a second gusset layer 17, 17 (i.e. the combined 17, 17) includes a second wearer-facing sublayer 17 and a second outward-facing sublayer 17, the first wearer-facing sublayer and the first outward-facing sublayer of the first gusset layer are provided in substantially the same form, and the second wearer-facing sublayer and the second outward-facing sublayer of the second gusset layer are provided in substantially the same form (col. 2 line 69 – col. 3 line 15).
Glatt further teaches sublayers 16 are for wicking perspiration (col. 2 line 67) and that sublayers 17 are for absorbing perspiration (col. 3 lines 4-5).
Glatt further teaches the numeracy sublayers 16 and sublayer 17 are such that “can vary depending upon the garment being worn and the individual characteristics of the user, such as age and physical condition. That is, in the case of an individual who does not perspire to a great extent, for example, the number of layers 17 can he relatively few. On the other hand, if the individual wearing the garment is a man of heavy build and high perspiring tendencies, then the shield can be constructed of a much larger number of layers 17. Also, the number of layers 16 can be varied in the same manner” (col. 3 lines 6-15).
Though Glatt does not teach respective sublayers of a layer being provided in different forms, attention is drawn to Driver which teaches the first and third layers configured to wick moisture are provided in either substantially the same form (“identical”; para 31) or in different forms (“different from”; para 31). Though Glatt does not teach different forms of an absorbing layer 56, Glatt in para 31 nonetheless provides for providing an element configured to manage moisture in the same way as having either substantially same forms or different forms.
In addition, a person of ordinary skill would have a reasonable expectation of success at managing a high degree of perspiration due to the numeracy of sublayers provided thereby as described in Glatt (col. 3 lines 6-15) whether the sublayers are provided in different forms or in substantially the same form.
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 Driver such that its wherein: the first gusset layer of each of the left and right gussets includes a first wearer-facing sublayer and a first outward-facing sublayer, the second gusset layer of each of the left and right gussets further includes a second wearer-facing sublayer and a second outward-facing sublayer ,the first wearer-facing sublayer and the first outward-facing sublayer of the first gusset layer are provided in different forms, and the second wearer-facing sublayer and the second outward-facing sublayer of the second gusset layer are provided in different forms, in order to manage a high degree of perspiration due to the numeracy of sublayers provided thereby, as suggested by Glatt (col. 3 lines 6-15) as suggested by Glatt (col. 3 lines 6-15).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Sano, JP-2002069727-A, newly cited] in view of [Spruill, US 2007/0079419, newly cited].
Regarding claim 20:
Sano discloses (Figs. 1-5):
A garment 10 comprising:
a body 14, 38 (i.e. the combined 14 and 38):
front 14 and rear 38 torso portions;
a neck opening 66 disposed opposite a waist opening (see annotated Figs. 2 and 6 – a below);
left and right sleeves 18, 30, 50 (i.e. the combined 18, 30, and 50 wherein it is noted that there are left and right “sleeves” of the garment (paras 5 and 19) and the drawings show the right sleeve thereof) coupled to the front and rear torso portions;
a gusset 58 disposed at least partially within a right underarm region (Figs. 1-2) and extending to the front and rear torso portions (Figs. 1-2), the gusset coupled to the right sleeve (para 15) and to the front and rear torso portions (paras 15-16; Figs. 1-2), wherein the gusset is defined by:
a first gusset end (see annotated Figs. 2 and 6 – a below), a second gusset end (see annotated Figs. 2 and 6 – a below) positioned opposite the first gusset end, and a length (i.e. the distance between first and second gusset ends) extending linearly between the first and second gusset ends (as arranged in each of Figs. 2 and 6, there is a linear distance between first and second ends insofar as first and second ends are apart from each other; it is further noted the linear distance between first and second ends differs when the first and second ends are moved relative to each other and that the present disclosure shows the first and second ends of a gusset being linearly arranged relative to each other in different configurations), a first width (see annotated Figs. 2 and 6 – a below) at the second gusset end, a second width (see annotated Figs. 2 and 6 – a below) positioned between the first width and the first gusset end, the second width being greater than the first width (as in annotated Figs. 2 and 6 – a below), a third width (see annotated Figs. 2 and 6 – a below) positioned between the second width and the first gusset end, the third width being less than each of the first and second widths (as in annotated Figs. 2 and 6 – a below), and a fourth width (see annotated Figs. 2 and 6 – a below) positioned between the third width and the first gusset end, the fourth width being less than each of the first, second, and third widths (as in annotated Figs. 2 and 6 – a below), wherein the fourth width tapers to a point (see annotated Figs. 2 and 6 – a below) positioned at the first gusset end.
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Sano does not expressly disclose wherein the gusset is configured to provide moisture management properties to the garment.
Spruill teaches a garment (“athletic shirt”; claim 1) wherein body (“body portion having...front panel and...back panel”; claim 1), sleeves (“sleeves”; claim 1), and a gusset (one or more of a “triple gusset[]”; claim 1) are each configured to provide moisture management properties to the garment (“made out of a moisture-wicking, fast-drying...fabric...made out of said moisture-wicking, fast-drying...fabric...made out of said moisture-wicking, fast-drying...fabric”; claim 1).
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 garment of Sano such that its gusset is configured to provide moisture management properties to the garment in order to render the garment capable of wicking moisture away from a wearer via the material of the gusset and/or render the garment capable of drying rapidly via the material of the gusset, as suggested by Spruill (claim 1).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Sano, JP-2002069727-A, newly cited] in view of [Driver, US 2017/0172238, newly cited].
Regarding claim 20:
Sano discloses (Figs. 1-5):
A garment 10 comprising:
a body 14, 38 (i.e. the combined 14 and 38):
front 14 and rear 38 torso portions;
a neck opening 66 disposed opposite a waist opening (see annotated Figs. 2 and 6 – a below);
left and right sleeves 18, 30, 50 (i.e. the combined 18, 30, and 50 wherein it is noted that there are left and right “sleeves” of the garment (paras 5 and 19) and the drawings show the right sleeve thereof) coupled to the front and rear torso portions;
a gusset 58 disposed at least partially within a right underarm region (Figs. 1-2) and extending to the front and rear torso portions (Figs. 1-2), the gusset coupled to the right sleeve (para 15) and to the front and rear torso portions (paras 15-16; Figs. 1-2), wherein the gusset is defined by:
a first gusset end (see annotated Figs. 2 and 6 – a below), a second gusset end (see annotated Figs. 2 and 6 – a below) positioned opposite the first gusset end, and a length (i.e. the distance between first and second gusset ends) extending linearly between the first and second gusset ends (as arranged in each of Figs. 2 and 6, there is a linear distance between first and second ends insofar as first and second ends are apart from each other; it is further noted the linear distance between first and second ends differs when the first and second ends are moved relative to each other and that the present disclosure shows the first and second ends of a gusset being linearly arranged relative to each other in different configurations), a first width (see annotated Figs. 2 and 6 – a below) at the second gusset end, a second width (see annotated Figs. 2 and 6 – a below) positioned between the first width and the first gusset end, the second width being greater than the first width (as in annotated Figs. 2 and 6 – a below), a third width (see annotated Figs. 2 and 6 – a below) positioned between the second width and the first gusset end, the third width being less than each of the first and second widths (as in annotated Figs. 2 and 6 – a below), and a fourth width (see annotated Figs. 2 and 6 – a below) positioned between the third width and the first gusset end, the fourth width being less than each of the first, second, and third widths (as in annotated Figs. 2 and 6 – a below), wherein the fourth width tapers to a point (see annotated Figs. 2 and 6 – a below) positioned at the first gusset end.
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Sano does not expressly disclose wherein the gusset is configured to provide moisture management properties to the garment.
Driver teaches a gusset 50 or 150 configured to provide moisture management (Abstract) properties to a garment (the “shirt” of Figs. 1-4 or the “shirt” of Figs. 6-10, respectively).
Driver further teaches “[0003] One of greatest factors in the useful life-span of clothing originates from the clothing's contact with the body of the wearer, which can impregnate the clothing with, for example, oils, sweat, and other debris from the skin of the wearer. This is particularly true for garment regions that typically come into contact with high sweat and/or oil producing areas of the body during wear, such as the underarm region, resulting in, for example staining and infusing the underarm regions of the garment with odors. Known methods of dealing with the stains and odors described above include frequent and vigorous cleaning of garments, such as by soap and water laundering and/or dry cleaning. Excessive cleaning is costly and may cause undue wear on the garment, which can result in shortening the useful life of the garment. Other known methods of dealing with stains and odors include inhibiting the body's oil and/or sweat production. Antiperspirants are one method of achieving this, but antiperspirants themselves can cause garment staining. Disposable underarm sweat pads are inlays typically provided with adhesive for adhesion within the underarm portion of a garment. These devices have varied effectiveness and require attachment of a new pad every time a garment is worn, which can be cumbersome and result in excessive cost and waste generation. Other methods include inhibition of sweat glands, for example by Botox injections, which can be costly, time consuming, repetitive, and poses potential health risks such as bruising at the injection site. A need exists for a convenient, cost effective, healthy and environmentally friendly method of preventing garment odors and stains, particularly in the underarm regions thereof” (paras 3-5)
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 garment of Sano such that its gusset is configured to provide moisture management properties to the garment in order to render the garment capable of preventing odors and/or stains in the underarm regions thereof, as suggested by Driver (paras 3-5).
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.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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