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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5,9,12,14 and 16-18 is/are rejected under 35 U.S.C. 102b as being anticipated by Hendrickson et al (US 2008/0295225 A1).
In regard to claim 1, Hendrickson et al discloses the lower body garment 100 in figure 1 for shaping a waist area of a wearer comprising a torso region 102 and a leg region 104; a torso shaping element 124 having a waistline at 208 in figure 1 ( in a full loop- para. (0021)-(0023) and para. (0026) extending at least in a partial loop around the torso region 102 and an outer layer attached to an inner portion of the waistline at 108 and in para. (0026)-(0027)and extending up and folding over the waistline 108 of the torso shaping element to form a folded edge (para. (0026)-(0027)wherein the outer layer extends downwards from the folded edge ( 0026)-(0027)to the leg region( 104 and over the torso shaping element.
In regard to claim 2 Hendrickson et al discloses the lower body garment of claim 1 and further wherein the torso shaping element 102 in figure 1 extends in a closed loop in fig. 1 around the torso region. In regard to claim 3 Hendrickson et al discloses the lower body garment 104 of claim 1 and further wherein the torso shaping element 102 is formed from a continuous piece of fabric. (See paras. (0024)-(0027). in regard to claim 4 Hendrickson et al discloses the lower body garment of claim 1 and further wherein an outer surface of the torso shaping element 102 will 124 in para. (0026-0027)is coupled to the outer layer of 104 .
In regard to claim 5 Hendrickson et al discloses the lower body garment as claimed in claim 4 and further wherein the outer surface of the torso shaping element 124 is seamlessly coupled to the outer layer24-0027).
In regard to claim 9 the garment of Hendrickson et al are pants as in fig. 1 at 104 as claimed and comprise left and right leg portions and a crotch as in fig. 1(0022)-(0027).
In regard to claim 12 Hendrickson et al discloses the lower body garment of claim 1 wherein the outer layer is seamlessly coupled to the inner portion of the waistline as in figures 1-3 and paras. (0022)-(0033).
In regard to claim 14 Hendrickson et al discloses the lower body garment as claimed in claim 1 and further wherein the left and right side seams110,112,114,116 in paras. (0022)-(0023) coupled the torso shaping element124 to the outer layer.
In regard to claim 16 Hendrickson et al discloses the lower body garment as claimed in claim 1 and further wherein the additional shaping panel( double layer(second layer) in para. (0032)-(0033) is disposed on an inner surface of the torso shaping element and extending in at least a partial loop around the torso region.
In regard to claim 17 Hendrickson et al discloses the lower body garment as claimed in claim 16 and further wherein the additional shaping panel(double layer 600 in para. (0032) extends in a closed loop around the torso region 102 in fig. 6 .
Claims 6-8, 13-15 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 10 and 11 were not elected and should be withdrawn in response to this office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA M HALE whose telephone number is (571)272-4984. The examiner can normally be reached MON.-THURS..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 1-571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA M HALE/ Primary Examiner, Art Unit 3732
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