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 .
Election/Restrictions
Applicant’s election without traverse of Species A: Figs. 1-3 and 7-8 in the reply filed on 11/24/2025 is acknowledged.
Claims 1-20 are presented.
Claims 1-2 and 4-20 are identified in the reply of 11/24/2025 as reading on the elected species.
Claim 3 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/24/2025.
The present Office action treats claims 1-2 and 4-20 on the merits.
The present Office action is a non-final rejection.
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.
Claims 11-20 are 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.
Claim 11 recites “A garment comprising: a body provided in the form of: a front torso portion and a rear torso portion...”.
Usage of the term “in the form of” renders the claim indefinite insofar as it is not clear whether what follows “in the form of” is required by the claim or not. It is noted the term “in the form of” means “As represented or exemplified by a particular person or thing” (in the form of. (n.d.) Farlex Dictionary of Idioms. (2015). Retrieved February 11 2026 from https://idioms.thefreedictionary.com/in+the+form+of) and the term “in the shape/form of...something” “follows a general word and introduces a particular example of it” (in the form of. (n.d.) Farlex Partner Idioms Dictionary. (2017). Retrieved February 11 2026 from https://idioms.thefreedictionary.com/in+the+form+of) such that it is not clear whether the claimed body comprises “a front torso portion and a rear torso portion...”; whether the claimed body is exemplified by another, unclaimed, structure having “a front torso portion and a rear torso portion...” or some other meaning. For the purpose of applying art, the phrase “a body provided in the form of:” is interpreted as if it reads --a body comprising:--
Claims 12-19 are indefinite if only because they depend from an indefinite claim.
Claim 20 recites “A garment comprising: a body provided in the form of: front torso and rear torso portions...”.
Usage of the term “in the form of” renders the claim indefinite insofar as it is not clear whether what follows “in the form of” is required by the claim or not. It is noted the term “in the form of” means “As represented or exemplified by a particular person or thing” (in the form of. (n.d.) Farlex Dictionary of Idioms. (2015). Retrieved February 11 2026 from https://idioms.thefreedictionary.com/in+the+form+of) and the term “in the shape/form of...something” “follows a general word and introduces a particular example of it” (in the form of. (n.d.) Farlex Partner Idioms Dictionary. (2017). Retrieved February 11 2026 from https://idioms.thefreedictionary.com/in+the+form+of) such that it is not clear whether the claimed body comprises “front and rear torso portions...”; whether the claimed body is exemplified by another, unclaimed, structure having “front and rear torso portions...” or some other meaning. For the purpose of applying art, the phrase “a body provided in the form of:” is interpreted as if it reads --a body comprising:--
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Thompson, US 2012/0192333, newly cited].
Regarding claim 20:
Thompson discloses (Figs. 1-4):
A garment 10 comprising:
a body provided in the form of:
front and rear torso portions 12 (Fig. 1 is a “front” view of the garment and shows the front torso portion of 12 prominently; the rear torso portion of 12 is obscured from view in Fig. 1 by the front torso portion in Fig. 1 yet can be seen partially in Fig. 2);
a neck opening 14 disposed opposite a waist opening (where the waist opening is provided opposite the neck opening 14 insofar as the “T-shirt” (para 20) accommodates a “torso” (para 20) of a wearer such that the waist opening opposite the neck opening will be provided around the wearer’s body when worn); left and right sleeves 16, 16 coupled to the front and rear torso portions (para 20; Figs. 1-2); and
a gusset 20 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 and to the front and rear torso portions (para 26; Figs. 1-2), wherein the gusset is configured to provide moisture management properties to the garment (“enhanced evaporative cooling and moisture vapor transmission attributable to a billowing effect in each of the perspiration barriers 20. This billowing effect, and the resultant evaporative cooling and moisture vapor transmission process, also serves to decrease perspiration”; para 28), wherein the gusset is defined by:
a first gusset end (see annotated Figs. 1-3 – a below), a second gusset end (see annotated Figs. 1-3 – a below) positioned opposite the first gusset end, and a length (see annotated Figs. 1-3 – a below) extending linearly between the first and second gusset ends, a first width (see annotated Figs. 1-3 – a below) at the gusset second end, a second width (see annotated Figs. 1-3 – 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. 1-3 – a below; element 22 is “trapezoidal” (para 21)), a third width (see annotated Figs. 1-3 – 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. 1-3 – a below; element 24 is “semi-circular” (para 21)), a third width (see annotated Figs. 1-3 – a below), a fourth width (see annotated Figs. 1-3 – 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. 1-3 – a below; element 24 is “semi-circular” (para 21)).
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Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 4-6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ducept, FR-3090316-A1, newly cited] in view of [Mayer, US 6,282,720, newly cited].
Regarding claim 1:
Ducept discloses (Fig. 1):
A garment 1 comprising:
a body including a first apparent opening (see annotated Fig. 1 – a below) positioned opposite a second apparent opening (see annotated Fig. 1 – a below);
a first sleeve (see annotated Fig. 1 – a below) and a second sleeve (see annotated Fig. 1 – a below) each coupled to the body proximate to the second apparent opening (as in annotated Fig. 1 – a below); and
a first gusset 2 (i.e. one of “pieces 2”; para 102) disposed at least in part in a first underarm region and coupled to (paras 31-32) the first sleeve and the body (paras 31-32 describe coupling the first gusset 2 to the garment 1 such that the first gusset is coupled either directly or indirectly, via intervening garment element(s), to both the first sleeve and body), the first gusset including at least two fabric layers 20, 21 (i.e. “absorbent textile...20” (para 36) and “second textile...21...forming a moisture barrier” (para 34)).
wherein a first fabric layer 20 of the at least two fabric layers is designed to transport moisture (transporting moisture from a wearer: “moisture-absorbing capacity...makes it possible to drain the sweat produced by the wearer”; para 52);
wherein a second fabric layer 21 of the at least two fabric layers is imparted with moisture-resistant properties (“hydrophobic so as to form a moisture barrier”; para 86).
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Ducept does not expressly disclose the first opening and second opening, the first opening positioned opposite the second opening.
As stated above, Ducept appears to show a first opening opposite a second opening. However, Ducept Fig. 1 is a two-dimensional view of “an undergarment of T-shirt type” (para 27) garment appears to have such openings so as to permit a wearer to don and/or doff the undergarment via inserting his torso through the first apparent opening and head through the second apparent opening.
However, Mayer teaches a T-shirt 10 (the “shirt 10” (col. 2 line 59) of Figs. 1-8 wherein said shirt is a “T-shirt” (col. 2 line 16) comprising a body 10 including a first opening (the “bottom...waist opening”; col. 1 line 38; “torso bottom opening”; col. 3 line 7; no specific numeral provided therefor; however, the first opening includes hem 56; Figs. 5-6) positioned opposite (Figs. 5-6) a second opening 28; a first sleeve 16 and a second sleeve 18 each coupled to the body (col. 2 lines 62-64; Figs. 1-8) proximate to the second opening (Figs. 1-8).
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 Courvoisier such that its apparent first opening is a first opening and its apparent second opening is a second opening; in order to yield the predictable result of a garment that is capable of being donned by inserting one’s body through the second opening and his neck through the first opening.
Regarding claim 4:
Ducept in view of Mayer teach The garment of claim 1, as set forth above.
Ducept further discloses a second gusset 2 (i.e. the other of “pieces 2”; para 102) is coupled to (paras 31-32) a second sleeve and the body (paras 31-32 describe coupling the first gusset 2 to the garment 1 such that the first gusset is coupled either directly or indirectly, via intervening garment element(s), to both the first sleeve and body).
Ducept does not expressly disclose wherein: the body further includes a front torso portion integrally formed with a rear torso portion, 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, the 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.
However and in further view of Mayer:
However, Mayer teaches a T-shirt 10 (the “shirt 10” (col. 2 line 59) of Figs. 1-8 wherein said shirt is a “T-shirt” (col. 2 line 16) comprising a body 10 comprising a front torso portion (the front portion of torso 14; Figs. 1 and 3-4) integrally formed with (Figs. 1-8) a rear torso portion (the rear portion of torso 14; Fig. 2); left and right sleeves (18, 16) coupled to the front and rear torso portions (col. 2 lines 62-64; Figs. 1-8).
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 Ducept such that its body further includes a front torso portion integrally formed with a rear torso portion in order to yield the predictable result of a garment configured to cover and/or protect a wearer’s front torso and rear torso.
And in further view of Ducept:
Ducept teaches coupling a gusset to the body via a gusset seam: “fixed in permanent...manner to the garment 1, e.g. by being sewn...around its periphery to the inside of the garment”; para 32.
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 Ducept such that 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, the 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 in order to yield the predictable result of a garment whose first and second gussets are durably secured to the garment by each being seamed to either a torso portion or sleeve thereof.
Regarding claim 5:
Ducept in view of Mayer teach The garment of claim 1, as set forth above.
Ducept further discloses wherein the at least two fabric layers of the first gusset includes a third fabric layer (one of “superposed textile layers”; para 53) disposed between the first fabric layer and the second fabric layer, and the third fabric layer is designed to transport moisture.
(Ducept discloses that 20 comprises a “plurality of superposed textile layers” (para 53) and “at least one...absorbent...fabric” (para 36) such that one of said superposed textile layers is the claimed first fabric layer and another of said superposed textile layers is the claimed third fabric layer and is furthermore “absorbent” and therefore designed to transport moisture in the same way that the first fabric layer is so designed).
Regarding claim 6:
Ducept in view of Mayer teach The garment of claim 1, as set forth above.
Ducept further discloses wherein the first gusset consists of the first fabric layer and the second fabric layer.
(As described in Ducept, Ducept first gusset 2 has only “two superposed textile structures 20, 21” (para 34; Fig. 1 such that first gusset consists of first fabric layer 20 and second fabric layer 21.)
Regarding claim 8:
Ducept in view of Mayer teach The garment of claim 1, as set forth above.
Ducept further discloses wherein the first fabric layer 20 includes a technical face 200a having a plurality of pores (see annotated Fig. 2 – b below) designed to transport moisture (pores are defined by “hydrophilic yarns 2001” ”intended to be in contact with the skin” whereby said plurality of pores and their defining hydrophilic yarns are designed to transport moisture: “moisture-absorbing capacity of the hydrophilic yarns of the first knit or fabric 200 makes it possible to drain the sweat produced by the wearer of the article of clothing”; para 52).
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Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ducept, FR-3090316-A1] and [Mayer, US 6,282,720] as applied to claim 1 above, and further in view of [Patterson, US 2019/0191791, cited by Applicant on the IDS of 09/09/2025].
Regarding claim 2:
Ducept in view of Mayer teach The garment of claim 1, as set forth above.
Ducept does not expressly disclose wherein the first gusset is substantially symmetrical with respect to a coronal axis of the garment.
However, Patterson teaches a garment (“shirt”; Abstract) wherein an underarm gusset is substantially symmetrical with respect to a coronal axis of the garment: “gusset[] in the underarm areas of the shirt...gusset is a symmetrical piece of material that may be symmetrical about one or more of a longitudinal axis or a latitudinal axis of a shirt in a normal vertical (hanging) layout”; para 10.
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 Ducept such that the first gusset is substantially symmetrical with respect to a coronal axis of the garment in order to yield the predictable result of a garment whose gusset is configured to absorb perspiration in the first underarm region substantially symmetrically about the coronal axis.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ducept, FR-3090316-A1] and [Mayer, US 6,282,720] as applied to claim 1 above, and further in view of [Gallagher, US 2018/0263319, newly cited].
Regarding claim 7:
Ducept in view of Mayer teach The garment of claim 1, as set forth above.
Ducept further discloses wherein the first fabric layer includes a first wearer-facing sublayer (one of “superposed textile layers”; para 53) and a first outward-facing sublayer (another of “superposed textile layers”; para 53), wherein the second fabric layer includes a second wearer-facing sublayer (one of (“superposed textile layers”; para 90) and a second outward-facing sublayer (another of “superposed textile layers”; para 90).
(Ducept discloses each of 20 and 21 may comprise superposed textile layers such that Ducept discloses 20 and 21 each having at least two sublayers – it is noted that each sublayer has two opposing surfaces such that each layer is configured to both face the wearer and also face outward such that any given sublayer is outward-facing and wearer-facing in the same general way that element 200 of Ducept is both outward-facing (i.e. face 200 b of element 200 is configured to face outward; Fig. 1; para 79) and also wearer-facing (i.e. face 200 a of element 200 is configured to face a wearer; Fig. 1; para 84).
Ducept does not expressly disclose wherein the first outward-facing sublayer is laminated with a hydrophobic film comprising a thermoplastic polyurethane.
In describing the manner by which the first fabric layer 20 and second fabric layer 21 are secured to each other: Ducept teaches “The different textile layers of the protective patch 2 can be pre-assembled together, before mounting or positioning the protective patch 2 in the article of clothing 1, for example by...peripheral adhesive bonding” (para 99).
However Gallagher teaches within the context of “water resistant garments” (para 3) a hydrophobic film comprising thermoplastic polyurethane: “barrier film...thermoplastic polyurethane (TPU)... resistance to penetration of liquid water” wherein “the TPU film can serve as both the membrane and the adhesive” (para 9).
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 Ducept such that its first outward-facing sublayer is laminated with a hydrophobic film comprising a thermoplastic polyurethane in order to durably adhere the first outward-facing sublayer to the second wearer-facing layer via the adhesive hydrophobic film laminated thereto whereby the hydrophobic film comprising a thermoplastic polyurethane assists in providing the moisture barrier afforded by the second layer, as suggested by Gallagher (para 9).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ducept, FR-3090316-A1] and [Mayer, US 6,282,720] as applied to claim 1 above, and further in view of [Cui, US 2019/0008217, newly cited].
Regarding claim 9:
Ducept in view of Mayer teach The garment of claim 1, as set forth above.
Ducept further discloses the second fabric layer of the first gusset comprises a second fabric (“second textile...21...forming a moisture barrier” (para 34)).
Ducept does not expressly disclose the second fabric includes hydrophilic fibers, a moisture-repellent finish is applied to the second fabric.
However and in further view of Ducept:
Ducept does teach the second fabric is “constituted by hydrophobic fibers” (para 94). Ducept as embodied in paras 81-82 teaches “The hydrophobic nature...yarns may result intrinsically from the constituent material of the yarn” and “may also be obtained” by providing a moisture-repellent finish (i.e. “hydrophobic treatment” with “hydrophobic agent(s)”) to render a non-hydrophobic yarn hydrophobic: “The hydrophobic nature of...yarns may...be obtained or reinforced by means of known hydrophobic agent(s); for example, yarns which can be used as hydrophobic yarns may have been rendered hydrophobic or more hydrophobic by means of a hydrophobic treatment” (para 82).
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 fabric of Ducept such that it includes hydrophilic fibers, a moisture-repellent finish is applied to the second fabric in order to provide the hydrophobic property for forming the moisture barrier via the moisture-repellent finish applied to the hydrophilic fibers, as suggested by Ducept (para 82).
Ducept does not expressly disclose wherein: the body of the garment comprises a first fabric, the first fabric and the second fabric each include hydrophilic fibers.
However, Cui teaches a T-shirt body comprising hydrophilic fibers: “T-shirt textile...cotton” (para 150). Cur further teaches “wicking rate is a[] desirable property of a textile. It shows how efficient liquid water transports in the textile. A higher wicking rate means perspiration can spread and evaporate quickly. 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 Ducept such that body of the garment comprises a first fabric, the first fabric includes hydrophilic fibers—such that the first fabric and the second fabric each include hydrophilic fibers as claimed—in order to promote wicking and/or the spreading and evaporation of perspiration via the body, as suggested by Cui (para 108).
Regarding claim 10:
Ducept in view of Mayer and Cui teach The garment of claim 9, as set forth above.
The modified Ducept further meets the limitation wherein the first fabric layer of the first gusset comprises a third fabric 200 (i.e. the “first fabric...200”; para 36) and the third fabric 200 is substantially hydrophobic (i.e. “hydrophobic yarns” provided on “outer face 200 b” thereof so as “to form a...moisture barrier” (para 80) such that the third fabric 200 is substantially hydrophobic).
Claim(s) 11 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Courvoisier, US 2011/0162130, cited by Applicant on the IDS of 09/09/2025] in view of [Mayer, US 6,282,720, newly cited].
Regarding claim 11:
Courvoisier discloses (Fig. 4):
A garment 28 comprising:
a body (see annotated Fig. 4 – a detail below) provided in the form of:
a front torso portion (see annotated Fig. 4 – a detail below);
an apparent neck opening (see annotated Fig. 4 – a detail below) disposed opposite an apparent waist opening (see annotated Fig. 4 – a detail below);
left and right sleeves (see annotated Fig. 4 – a detail below) coupled to (Fig. 4) the front torso portion;
a left gusset 20 (i.e. the one of 20 disposed within the left underarm region; see annotated Fig. 4 – a detail below) disposed at least partially within a left underarm region (see annotated Fig. 4 – a detail below) and coupled to the left sleeve and to the front torso portion (“patches...secured to the article in permanent or removable manner in a variety of ways” (para 42) such that left gusset 20 is coupled to both left sleeve and also front torso portion either directly or indirectly via intervening element(s) of the garment), the left gusset 20 designed to impart moisture management properties (“protecting and/or reinforcing the under-arm zone of an article of clothing, in particular but not exclusively against bodily secretions emitted at the armpits” (para 2) wherein said secretions include moisture: “moisture coming from the secretion...moisture contained in the secretion”; para 72) to the garment; and
a right gusset 20 (i.e. the other of 20 disposed within the right underarm region; see annotated Fig. 4 – a detail below) disposed at least partially within a right underarm region and coupled to the right sleeve and to the front torso portion (“patches...secured to the article in permanent or removable manner in a variety of ways” (para 42) such that left gusset 20 is coupled to both left sleeve and also front torso portion either directly or indirectly via intervening element(s) of the garment), the right gusset designed to impart moisture management properties (“protecting and/or reinforcing the under-arm zone of an article of clothing, in particular but not exclusively against bodily secretions emitted at the armpits” (para 2) wherein said secretions include moisture: “moisture coming from the secretion...moisture contained in the secretion”; para 72) to the garment,
wherein each of the left and right gussets includes (paras 17-18) a first gusset layer (“outer layer”; para 17) having a first perimeter edge (“the periphery of the outer...layer[]”; para 18) and a second gusset layer (“absorbent layer”; para 17) having a second perimeter edge (“the periphery of the...absorbent layer[]”; para 18), and wherein the first perimeter edge is coupled to the second perimeter edge (paras 17-18: “outer layer and the absorbent layer are assembled together...performed by...welding at the periphery of the outer and absorbent layers”).
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Courvoisier does not expressly disclose:
a rear torso portion;
a neck opening disposed opposite a waist opening;
left and right sleeves coupled to the front and rear torso portions;
a left gusset disposed at least partially within a left underarm region and coupled to the left sleeve and to the front and rear torso portions, the left gusset designed to impart moisture management properties to the garment; and
a right gusset disposed at least partially within a right underarm region and coupled to the right sleeve and to the front and rear torso portions, the right gusset designed to impart moisture management properties to the garment,
wherein each of the left and right gussets includes a first gusset layer having a first perimeter edge and a second gusset layer having a second perimeter edge, and wherein the first perimeter edge is coupled to the second perimeter edge.
Rather, as explained above, Courvoisier shows an apparent neck opening and an apparent waist opening; in addition, although Courvoisier shows only a “front view” of the garment, one of ordinary skill would have recognized that a T-shirt that is configured to be worn by a wearer could have a rear torso portion and neck and waist openings as claimed; however, Courvoisier does not expressly disclose the garment having the rear portion, the neck opening, and the waist opening as claimed.
However, Mayer teaches a T-shirt 10 (the “shirt 10” (col. 2 line 59) of Figs. 1-8 wherein said shirt is a “T-shirt” (col. 2 line 16) comprising a body 10 provided in the form of: a front torso portion (the front portion of torso 14; Figs. 1 and 3-4) and a rear torso portion (the rear portion of torso 14; Fig. 2); a neck opening 28 disposed opposite a waist opening (“bottom...waist opening”; col. 1 line 38; “torso bottom opening”; col. 3 line 7; no specific numeral provided therefor; however, the waist opening includes hem 56 such that the waist opening is opposite (Figs. 5-6) the neck opening 28); left and right sleeves (18, 16) coupled to the front and rear torso portions (col. 2 lines 62-64; Figs. 1-8).
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 Courvoisier such that its apparent neck opening is a neck opening and its apparent waist opening is a waist opening; further such that it is provided with a rear torso portion coupled to its left and right sleeves in order to yield the predictable result of a garment that is capable of being donned by inserting one’s body through the waist opening and his neck through the neck opening so as to cover his front torso and also his rear torso when worn. In adopting the modification, one would arrive at the garment comprising a body provided in the form of: a front torso portion and a rear torso portion; a neck opening disposed opposite a waist opening; left and right sleeves coupled to the front and rear torso portions; a left gusset disposed at least partially within a left underarm region and coupled to the left sleeve and to the front and rear torso portions, the left gusset designed to impart moisture management properties to the garment; and a right gusset disposed at least partially within a right underarm region and coupled to the right sleeve and to the front and rear torso portions, the right gusset designed to impart moisture management properties to the garment, wherein each of the left and right gussets includes a first gusset layer having a first perimeter edge and a second gusset layer having a second perimeter edge, and wherein the first perimeter edge is coupled to the second perimeter edge as claimed insofar as the left gusset 20 would be coupled to left sleeve, front torso portion, and also rear torso portion either directly or indirectly via intervening element(s) of the garment and the right gusset 20 would be coupled to right sleeve, front torso portion, and also rear torso portion either directly or indirectly via intervening element(s) of the garment.
Regarding claim 14:
Courvoisier in view of Mayer teach The garment of claim 11, as set forth above.
Courvoisier further discloses wherein neither the left gusset nor the right gusset includes a laminated film.
(Each gusset comprises the first and second gusset layers of paras 17-18, and as described in Courvoisier paras 17-18, neither first (i.e. “outer layer...waterproof...or breathable waterproof membrane” nor second gusset layer (“absorbent layer”; “textile or non-woven” includes a laminated film as claimed.)
Regarding claim 15:
Courvoisier in view of Mayer teach The garment of claim 11, as set forth above.
Courvoisier 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.
However and in further view of Courvoisier:
Courvoisier as embodied in paras 80-81 teaches treatment of a first gusset layer with a water-resistant agent: “the moisture barrier effect of the outside wall” can be “reinforce[d]...by applying a[]...treatment agent to the outside wall...e.g., a waterproofing agent”.
Courvoisier further teaches the water-resistant agent is configured “to avoid any risk of moisture passing through said wall” (para 80).
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 Courvoisier such that the first gusset layer is treated with a water-resistant agent, as in Courvoisier paras 80-81, in order to improve the moisture barrier effect provided by the first gusset layer, as suggested by Courvoisier (para 80).
Claim(s) 12-13 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Courvoisier, US 2011/0162130] and [Mayer, US 6,282,720] as applied to claim 11 above, and further in view of [Power, US 2024/0032609, newly cited].
Regarding claim 12:
Courvoisier in view of Mayer teach The garment of claim 11, as set forth above.
Courvoisier does not expressly disclose wherein each of the left and right gussets includes a third gusset layer, and the first gusset layer, the second gusset layer, and the third gusset layer are substantially coextensive.
However, Power teaches a garment (Abstract, title) comprising a gusset 28 designed to impart moisture management properties (“fluid retention gusset 28”; para 40; “configured to absorb and capture moisture and fluids excreted from the wearer”; para 25) wherein said gusset comprises a first gusset layer 38 (i.e. “moisture-impermeable layer 38”; para 40), a second gusset layer 36 (i.e. “absorbent layer 36”; para 40), and a third gusset layer 34 (i.e. “wicking layer 34”; para 40). Power further teaches the third gusset layer 34 is “configured to be positioned against the wearer's body when lower body garment 10 is worn and may serve to draw moisture and wick fluids away from the wearer's skin. In particular, in such examples, wicking layer 34 may be configured to draw moisture and fluids away from the wearer, such as via capillary action, and to direct and/or convey the moisture and fluids to one or more absorbent layers 36” (para 39).
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 Courvoisier such that each of the left and right gussets includes a third gusset layer, as in Power, in order to draw moisture and wick fluids away from the wearer's skin and/or to draw moisture and fluids away from the wearer, such as via capillary action, and to direct and/or convey the moisture and fluids to the absorbent second gusset layer, as taught by Power (para 39).
In further view of Power: Power further teaches plural gusset layers of a moisture management gusset 28 are substantially coextensive with one another: “The layers of fluid retention gusset 28 are generally coupled together (e.g., via stitching, seams, and/or bonding) and may be substantially coextensive with one another” (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 Courvoisier such that the first gusset layer, the second gusset layer, and the third gusset layer are substantially coextensive in each of the left and right gussets in order to yield the predictable result of each gusset being configured to wick moisture (via the third gusset layer), absorb moisture (via the second gusset layer), and act as a barrier for moisture (via the first gusset layer) over a substantially coextensive area of the garment.
Regarding claim 13:
Courvoisier in view of Mayer teach The garment of claim 11, as set forth above.
Courvoisier further discloses wherein: the first gusset layer and the second gusset layer of each of the left and right gussets are coupled via bonding (“welding”; para 18).
Courvoisier does not expressly disclose the left gusset is coupled to the front torso portion, the rear torso portion, and the left sleeve via one or more seams, the right gusset is coupled to the front torso portion, the rear torso portion, and the right sleeve via one or more seams.
However, Power teaches a garment (Abstract, title) comprising a gusset 28 designed to impart moisture management properties (“fluid retention gusset 28”; para 40; “configured to absorb and capture moisture and fluids excreted from the wearer”; para 25) wherein the gusset is coupled to a garment portion via one or more seams: “gusset perimeter 30 may be coupled to” the garment portion “via...stitching” (para 31).
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 Courvoisier such that its left gusset is coupled to the front torso portion, the rear torso portion, and the left sleeve via one or more seams, the right gusset is coupled to the front torso portion, the rear torso portion, and the right sleeve via one or more seams in order to yield the predictable result of the left and right gussets durably secured to each of the front torso portion, rear torso portion, and respective sleeve via the one or more seams.
Regarding claim 17:
Courvoisier in view of Mayer teach The garment of claim 11, as set forth above.
Courvoisier does not expressly disclose wherein the left gusset and the right gusset each further includes a third gusset layer positioned between the first and second gusset layers, and wherein the third gusset layer is substantially similar to the first gusset layer.
However, Power teaches a garment (Abstract, title) comprising a gusset 28 designed to impart moisture management properties (“fluid retention gusset 28”; para 40; “configured to absorb and capture moisture and fluids excreted from the wearer”; para 25) wherein said gusset comprises a first gusset layer 38 (i.e. “moisture-impermeable layer 38”; para 40) and a second gusset layer 36 (i.e. “absorbent layer 36”; para 40).
Power further teaches the gusset may have “one or more absorbent layers 36” and wherein layer 36 “may include two or more layers of absorbent materials” (para 39).
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 Courvoisier such that the left gusset and the right gusset are each provided with yet another absorbent gusset layer between the first and second gusset layers in order to yield the predictable result of the left and right gussets capable of absorbing more moisture due to the presence of the additional absorbent gusset layer.
In adopting the modification, the modified Courvoisier would meet the limitation “wherein the left gusset and the right gusset each further includes a third gusset layer positioned between the first and second gusset layers” insofar as the additional absorbent gusset layer would be the third gusset layer.
In further view of Power: Power further teaches plural gusset layers of a moisture management gusset 28 are substantially similar with one another: “The layers of fluid retention gusset 28 are generally coupled together (e.g., via stitching, seams, and/or bonding) and may be substantially coextensive with one another” (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 Courvoisier such that the third gusset layer is substantially similar to the first gusset layer in order to yield the predictable result of each gusset being configured to absorb moisture (via the third gusset layer) and act as a barrier for moisture (via the first gusset layer) over a substantially similar area of the garment.
Regarding claim 18:
Courvoisier in view of Mayer teach The garment of claim 11, as set forth above.
Courvoisier 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.
However, Power teaches a garment (Abstract, title) comprising a gusset 28 designed to impart moisture management properties (“fluid retention gusset 28”; para 40; “configured to absorb and capture moisture and fluids excreted from the wearer”; para 25) wherein said gusset comprises a first gusset layer 38 (i.e. “moisture-impermeable layer 38”; para 40) and a second gusset layer 36 (i.e. “absorbent layer 36”; para 40).
Power further teaches first gusset layer 38 comprises two sublayers: “Moisture-impermeable layer 38 may be formed of...a thermoplastic polyurethane laminate (PUL) membrane, a PUL film layer that may or may not be bonded to an additional layer, and/or a fabric with durable water repellency treatment” (para 41) and/or “Moisture-impermeable layer 38 may include a leak resistant or waterproof fabric or other moisture barrier material, and/or it may include a moisture barrier layer, film, membrane, treatment, and/or coating” (para 39).
Power further teaches the second gusset layer 36 comprises two or more sublayers: layer 36 “may include two or more layers of absorbent materials” (para 39).
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 Courvoisier such that 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 in order to yield the predictable result of a garment whose first gusset layer of each of the left and right gussets is configured to have enhanced moisture barrier properties due to the two sublayers thereof and whose second gusset layer of each of the left and right gussets is configured to have enhanced absorption properties due to the two sublayers thereof.
In further view of Power: Power further teaches plural gusset layers of a moisture management gusset 28 are provided in substantially the same form: “The layers of fluid retention gusset 28 are generally coupled together (e.g., via stitching, seams, and/or bonding) and may be substantially coextensive with one another” (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 Courvoisier such that 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 yield the predictable result of a garment whose first gusset layer is configured to absorb moisture (via the second gusset layer) over a first substantially coextensive area of the garment and act as a barrier for moisture (via the first gusset layer) over a second substantially coextensive area of the garment.
Regarding claim 19:
Courvoisier in view of Mayer teach The garment of claim 11, as set forth above.
Courvoisier does not expressly disclose 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.
However, Power teaches a garment (Abstract, title) comprising a gusset 28 designed to impart moisture management properties (“fluid retention gusset 28”; para 40; “configured to absorb and capture moisture and fluids excreted from the wearer”; para 25) wherein said gusset comprises a first gusset layer 38 (i.e. “moisture-impermeable layer 38”; para 40) and a second gusset layer 36 (i.e. “absorbent layer 36”; para 40).
Power further teaches first gusset layer 38 comprises two sublayers: “Moisture-impermeable layer 38 may be formed of...a thermoplastic polyurethane laminate (PUL) membrane, a PUL film layer that may or may not be bonded to an additional layer, and/or a fabric with durable water repellency treatment” (para 41) and/or “Moisture-impermeable layer 38 may include a leak resistant or waterproof fabric or other moisture barrier material, and/or it may include a moisture barrier layer, film, membrane, treatment, and/or coating” (para 39).
Power further teaches the second gusset layer 36 comprises two or more sublayers: layer 36 “may include two or more layers of absorbent materials” (para 39).
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 Courvoisier such that 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 in order to yield the predictable result of a garment whose first gusset layer of each of the left and right gussets is configured to have enhanced moisture barrier properties due to the two sublayers thereof and whose second gusset layer of each of the left and right gussets is configured to have enhanced absorption properties due to the two sublayers thereof.
In further view of Power: Power further teaches plural gusset layers of a moisture management gusset 28 are provided in different forms: “one or more layers may have a...larger footprint or area than one or more other layers of fluid retention gusset 28”; 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 Courvoisier such that 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 yield the predictable result of a garment whose first gusset layer is configured to absorb additional moisture (via the second gusset layer over a first area of the garment where the sublayers of the second gusset layer overlap and act as an additional barrier for moisture (via the first gusset layer) over a second area of the garment where the sublayers of the first gusset layer overlap.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Courvoisier, US 2011/0162130] and [Mayer, US 6,282,720] as applied to claim 11 above, and further in view of [Hurd, US 2012/0178343, newly cited].
Regarding claim 16:
Courvoisier in view of Mayer teach The garment of claim 11, as set forth above.
Courvoisier does not expressly disclose wherein the first gusset layer of each of the left and right gussets includes a technical face and a technical back, and wherein the technical face of the first gusset layer is imparted with a first texture to facilitate moisture adsorbance, and wherein the technical back of the first gusset layer is imparted with a second texture.
However and in further view of Courvoisier:
In applying art to claim 11 above, the “outer layer” (para 17) is the first gusset layer; and the “absorbent layer” (para 17) is the second gusset layer. And Courvoisier does not expressly disclose a face of the “waterproof” “outer layer” being textured and/or configured to adsorb moisture.
However, and equally valid interpretation is to interpret the “absorbent layer” as being the first gusset layer and the “outer layer” as being the second gusset layer. Such interpretation continues to meet claim 11 limitations in that claim 11 recites “a first gusset layer having a first perimeter edge and a second gusset layer having a second perimeter edge, and wherein the first perimeter edge is coupled to the second perimeter edge” such that –and for the purpose of applying art to claim 16—the “absorbent layer” is the first gusset layer and the “outer layer” is the second gusset layer.
Courvoisier therefore discloses the first gusset layer of each of the left and right gussets includes a technical face (i.e. a portion of the “absorbent layer” that is configured to face a wearer) and a technical back (i.e. a portion of the “absorbent layer” that is configured to face away from the water).
Courvoisier does not expressly disclose wherein the technical face of the first gusset layer is imparted with a first texture to facilitate moisture adsorbance, and wherein the technical back of the first gusset layer is imparted with a second texture.
However, Hurd teaches a “moisture management fabric” for a “moisture management... garment” (Abstract) wherein a technical face 602 of a layer (i.e. the combined 602 and 603) is imparted with a first texture (“porosity”; para 32) to facilitate moisture adsorbance (para 33) and a technical back 603 of a layer is imparted with a second texture (“porosity...has...smaller pores than...602”; para 32). Hurd further teaches providing the technical front and back so imparted with said textures is such that “The smaller pores and greater surface area results in increased capillary force for aqueous solutions for the first fabric layer 603 than the second fabric layer 602. The denier differential produces wicking 605 from the second fabric layer 602 to the first fabric layer 603. The moisture, once transported to the first fabric layer 603, may be adsorbed to and spread out over the increased surface area of the first fabric layer 603....The moisture management support garment 601, which may be constructed of a moisture management fabric described above, can thus transport moisture efficiently from the wearer 600, to the second fabric layer 602 to keep the wearer comfortable” (para 32).
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 Courvoisier such that technical face of the first gusset layer is imparted with a first texture to facilitate moisture adsorbance, and wherein the technical back of the first gusset layer is imparted with a second texture in order to promote efficient moisture transport through the first gusset layer for the purpose of keeping the wearer comfortable, as taught by Hurd (para 32).
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732