DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claim(s) 1-10, 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inselberg et al. (2021/0169153—hereinafter, Inselberg).
Regarding claim 1, Inselberg discloses an athletic bra (fig.1(A-D)), comprising: a front panel (110), a rear panel (115), a first strap (105), and a second strap (105), the first strap and the second strap connecting the front panel to the rear panel; and an underband (145) coupled to the front panel and the rear panel, wherein the front panel comprises an outer shell and an inner layer, wherein a first cup (158) and a second cup (156) are positioned within the front panel (fig.1A), and wherein at least one of the first cup and the second cup is coupled to at least one of the outer shell and the inner layer (fig.1A-D), such that the at least one of the first cup and the second cup is not removable (fig.1(A-D)).
Regarding claims 2-7, Inselberg discloses further including side panels that are configured to overlay portions of a side torso of a wearer (see at least all figures); wherein the outer shell and the inner layer comprise the same fabric type (par [0046-0048]); a rear opening between the rear panel and the underband (fig.1C); wherein the rear panel forms a "T-shape" before joining the first strap and the second strap (fig.1C); wherein the underband discontinuously extends around an entire circumference of the athletic bra (fig.1); wherein the underband has an adjustable circumference (par [0025]).
Regarding claim 8, Inselberg discloses an athletic bra (fig.1(A-D), comprising: a front panel (110), a rear panel (115), a first strap (105), and a second strap (105), the first strap and the second strap connecting the front panel to the rear panel (fig.1(A-D), and the front panel including an outer shell (par [0045-0046], front first textile layer 405) and an inner layer (410); an underband (145) coupled to the front panel and the rear panel; and a first cup (158) and a second cup (156) coupled to the inner layer such that the first cup and the second cup are not removable (see at least all figures), wherein the first cup and the second cup include a first layer of a first material (170) and a second layer (165, par [0025]) of a second material, and wherein the first material is a foam material (par [0028]) and the second material is a knitted fabric (par [0025]).
Regarding claims 9-10, 12, Inselberg discloses wherein the first layer and the second layer are coupled together using a third material, wherein the third material is a polyurethane hot melt (par [0047, 0029]); wherein the foam material is a polyurethane foam material (par [0028-0029]); 12. The athletic bra of claim 8, wherein the outer shell and inner layer are bonded together at an outer edge (par [0047]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 13-16, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Inselberg et al. (2021/0169153—hereinafter, Inselberg) in view of Ward et al. (11457672—hereinafter, Ward).
Regarding claim 13, Inselberg discloses an athletic bra (fig.1A), comprising: a front panel (110), a rear panel (115), a first strap, and a second strap (105), the first strap and the second strap connecting the front panel to the rear panel; an underband (145) coupled to the front panel and the rear panel; and a rear opening (fig.1C) disposed on the rear panel; and wherein the end of the underband is adjacent to the rear opening.
(fig.1C). But Inselberg does not disclose wherein the first strap and the second strap are an adjustable length by including adjustment slides, wherein the underband is an adjustable circumference by incorporating a plurality of sets of eyes at different locations distanced from an edge of an end of the underband. However, Ward teaches another similar bra garment fig.1 having a front and back panels, shoulder straps 130, 138, bra breast cups (115, 117) and underband (110); wherein the shoulder straps 130, 132, 138, 140 having a connection mechanism 134 142, such as loop, and an adjustment 136, 144, such as slide for adjusting the length of the shoulder straps; the underband 110 having two ends having hook and loop or sets of eyes, fig.6 for adjusting and fastening the underband. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the wherein the first strap and the second strap are an adjustable length by including adjustment slides, wherein the underband is an adjustable circumference by incorporating a plurality of sets of eyes at different locations distanced from an edge of an end of the underband for the bra garment of Inselberg as taught by Ward in order to provide an adjustable and securable of the bra garment.
Regarding claims 14-16, Inselberg further discloses the athletic bra of claim 13 further including a first cup and a second cup that are directly coupled to the front panel, such that the first cup and the second cup are not removable (fig.1A); wherein the first cup and the second cup include a first layer (170) and a second layer (405/410) that are attached using an adhesive (par [0047]); wherein the first layer comprises a foam material (par [0028]), wherein the second layer comprises a knit fabric (par [0028]), and wherein the adhesive is a polyurethane hot melt (par [0029]).
Regarding claim 20, Inselberg further discloses the athletic bra of claim 13 further including a first cup (156), wherein the first cup has an outer perimeter that extends from the underband adjacent a central axis of the athletic bra vertically upward (fig.1A), then curves until reaching a top end, then follows a curve of a side opening of the athletic bra, then extends straight vertically downward back toward the underband (fig.1A).
Claim(s) 11, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Inselberg et al. (2021/0169153—hereinafter, Inselberg) in view of Ward et al. (11457672—hereinafter, Ward) as applied to claim 13 above and further in view of Witek et al. (2018/0279692—hereinafter, Witek).
Regarding claim 11, Inselberg does not disclose the athletic bra of claim 8, wherein the outer shell is made of a fabric comprising polyamide and spandex. However, Witek teaches another similar bra garment fig.1 having a front and a back panel, shoulder straps and an underband. Par [0048] In some embodiments, the fabric of the STF treated movement-reactive sports bra 102 may be any natural or synthetic material, cotton, polyester, nylon, spandex (lycra) or a combination thereof. In some embodiments, the fabric may comprise various kinds of textiles. The ratios of various kinds of textiles in the fabric may be determined by the desired characteristics such as, for example, breathability, comfort, stretchability, moisture-wicking, and other performance related characteristics. In some embodiments, the STF treated fabric may comprise a combination of polyamide (PA) and Elastane (EA); and [0049] In one embodiment, the fabric material comprises a combination of 73% PA and 27% EA. Other combinations of ratios, materials, weight, knit-type, etc. may be used. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the outer shell is made of a fabric comprising polyamide and spandex for the bra garment of Inselberg as taught by Witek in order to provide stretchability to the bra garment of Inselberg.
Regarding claim 17, Inselberg discloses inner layer (410), and an outer shell (405), par [0045]. But Inselberg does not disclose wherein the outer shell comprises between 60% and 65% polyamide and between 35% and 40% spandex. However, Witek teaches another similar bra garment fig.1 having a front and a back panel, shoulder straps and an underband. Par [0048] In some embodiments, the fabric of the STF treated movement-reactive sports bra 102 may be any natural or synthetic material, cotton, polyester, nylon, spandex (lycra) or a combination thereof. In some embodiments, the fabric may comprise various kinds of textiles. The ratios of various kinds of textiles in the fabric may be determined by the desired characteristics such as, for example, breathability, comfort, stretchability, moisture-wicking, and other performance related characteristics. In some embodiments, the STF treated fabric may comprise a combination of polyamide (PA) and Elastane (EA); and [0049] In one embodiment, the fabric material comprises a combination of 73% PA and 27% EA. Other combinations of ratios, materials, weight, knit-type, etc. may be used. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the as the claimed invention in order to provide stretchability of the bra garment of Inselberg as taught by Witek.
Regarding claims 18-19, Inselberg further discloses the athletic bra of claim 17, wherein an edge of the outer shell is bonded to an edge of the inner layer to define a neck opening (fig.1); further including a first cup and a second cup, wherein the first cup and the second cup extend upward to a top end that is adjacent but spaced apart from the neck opening (see at least all figures of Inselberg).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732