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 of Species A, Gusset 100 (Figure 1) and Species M, Garment 300 (Figures 3A-3B), is acknowledged. Election was made with traverse in the reply filed June 24, 2026. Claims 2-4 and 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) for being drawn to a nonelected invention.
Applicant’s traversal is on the grounds that all inventions could be examined without a serious burden. This is found not persuasive because the entire application contains a number of species that are patentably distinct from one another and including divergent claimed subject matter separating the species. Such recognized divergent subject matter separating the species is a burden to examination. It is further respectfully noted that Applicant has not indicated that any of the identified Species (Species A-L of Category 1 and Species M-S of Category 2) are obvious variants of one another.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to because paragraph 0049 of the Specification refers to a Figure 7C, however the Drawings filed May 16, 2025 do not appear to include a Figure 7C (see paragraph 0049 of the Specification and the Drawings filed May 16, 2025).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “228” has been used to designate both “back portion” and “gusset” (see at least paragraph 0089 of the Specification).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 13 is objected to because of the following informalities: Claim 13 recites the limitation “front side of wearer's legs,” which should be amended to recite, for example, “a front side of the wearer's legs” for purposes of proper antecedent basis.
Appropriate correction is required.
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.
Claims 1 and 5-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Pub No. 2025/0113880 Hall.
To claim 1, Hall discloses a gusset (100) for a body covering garment (600) for a wearer, wherein the gusset is configured for a crotch covering portion of the body covering garment, the crotch covering portion covering a region where a wearer's legs join a wearer's torso when the body covering garment is worn by the wearer (see Figures 1-8; paras. 0023-0041), the gusset comprising:
a width and a length, wherein the width and the length are formed by the combination of a front portion and a back portion (annotated Figure 2, see below; paras. 0027-0036; it is respectfully noted that the term “portion” is very broad and merely means “a part of a whole;” see https://www.lexico.com/en/definition/portion);
the front portion having a first front lateral side portion and a second front lateral side portion, wherein the first front lateral side portion and the second front lateral side portion are substantially symmetrical (annotated Figure 2; paras. 0027-0036);
the back portion having a first back lateral side portion and a second back lateral side portion, wherein the first back lateral side portion and the second back lateral side portion are substantially symmetrical (annotated Figure 2; paras. 0027-0036);
wherein the first front lateral side portion, second front lateral side portion, first back lateral side portion, and second back lateral side portion each form at least a portion of a gusset outer peripheral edge (annotated Figure 2; paras. 0027-0036);
wherein the first front lateral side portion and second front lateral side portion together form a substantially convex region of at least a portion of the gusset outer peripheral edge (annotated Figure 2; paras. 0027-0036); and
wherein the first back lateral side portion and second back lateral side portion each form a substantially concave region of at least a portion of the gusset outer peripheral edge (annotated Figure 2; paras. 0027-0036).
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To claim 5, Hall further discloses a gusset wherein:
an edge of the first front lateral side portion meets an edge of the first back lateral side portion at a first lateral point (annotated Figure 2; paras. 0027-0036); and
an edge of the second front lateral side portion meets an edge of the second back lateral side portion at a second lateral point (annotated Figure 2; paras. 0027-0036).
To claim 6, Hall further discloses a gusset wherein the edge of the first front lateral side portion, the edge of the first back lateral side portion, the edge of the second front lateral side portion, and the edge of the second back lateral side portion together form the gusset outer peripheral edge (annotated Figure 2; paras. 0027-0036).
To claim 7, Hall further discloses a gusset wherein the gusset is fabricated from materials that provide at least one of breathability, absorbency, stretch, weight/thickness, opacity, odor resistance, and moisture wicking (para. 0023).
To claim 8, Hall further discloses a gusset wherein the gusset is fabricated with two or more layers (122,124) (see especially Figures 1-5; paras. 0033-0034).
To claim 9, Hall further discloses a gusset wherein the two or more layers comprises an inner layer (124) and an outer layer (122) (see especially Figures 1-5; paras. 0033-0034) that differ in at least one of breathability, absorbency, stretch, stretch direction, weight/thickness, opacity, odor resistance, and moisture wicking (para. 0023).
To claim 10, Hall further discloses a gusset wherein at least two of the two or more layers are at least partially attached (see especially Figures 1-5; paras. 0033-0034).
To claim 11, Hall discloses a body covering garment (600) having a gusset (100), wherein the gusset is configured for a crotch covering portion of the body covering garment, the crotch covering portion covering a region where a wearer's legs join a wearer's torso when the body covering garment is worn by the wearer (see Figures 1-8; paras. 0023-0041), the gusset comprising:
a width and a length, wherein the width and the length are formed by the combination of a front portion and a back portion (annotated Figure 2, see above; paras. 0027-0036; it is respectfully noted that the term “portion” is very broad and merely means “a part of a whole;” see https://www.lexico.com/en/definition/portion);
the front portion having a first front lateral side portion and a second front lateral side portion, wherein the first front lateral side portion and the second front lateral side portion are substantially symmetrical (annotated Figure 2; paras. 0027-0036);
the back portion having a first back lateral side portion and a second back lateral side portion, wherein the first back lateral side portion and the second back lateral side portion are substantially symmetrical (annotated Figure 2; paras. 0027-0036);
wherein the first front lateral side portion, second front lateral side portion, first back lateral side portion, and second back lateral side portion each form at least a portion of a gusset outer peripheral edge (annotated Figure 2; paras. 0027-0036);
wherein the first front lateral side portion and second front lateral side portion together form a substantially convex region of at least a portion of the gusset outer peripheral edge (annotated Figure 2; paras. 0027-0036); and
wherein the first back lateral side portion and second back lateral side portion each form a substantially concave region of at least a portion of the gusset outer peripheral edge (annotated Figure 2; paras. 0027-0036).
To claim 12, Hall further discloses a garment wherein the garment comprises at least one of pants, tights, leggings, shorts, a bodysuit, a jumpsuit, trousers, capris, leggings under a dress/skort undershort/legging construction, dress/skirt undershorts, underwear, a shaping garment, and swimwear (see Figures 6-8; para. 0003).
To claim 13, Hall further discloses a garment wherein the garment comprises a front panel covering a front pelvic area of the wearer and at least a portion of front side of wearer's legs, and at least one back panel covering a lower back area and a buttock area, wherein the front panel does not include a medial front seam (see Figures 6-8; to the limitation “wherein the front panel does not include a medial front seam,” it is respectfully noted that the claim is a “comprising” claim).
To claim 14, Hall further discloses a garment wherein the gusset is fabricated from different material than at least some material of a remainder of the garment (see Figures 1-8; paras. 0023, 0027-0036; gusset 100 is fabricated from a different material than remainder of garment 600 and then attached to garment 600; it is respectfully noted that the claim does not recite, for example, that the different material is a different type of material).
Claims 1 and 5-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub No. 2018/0020746 Wyner et al.
To claim 1, Wyner discloses a gusset (see especially Figures 5A-5C and 9) for a body covering garment for a wearer (see for example Figures 1-4), wherein the gusset is configured for a crotch covering portion of the body covering garment, the crotch covering portion covering a region where a wearer's legs join a wearer's torso when the body covering garment is worn by the wearer (see Figures 1-5C and 9; paras. 0040-0042, 0052-0059, 0063-0064), the gusset comprising:
a width and a length, wherein the width and the length are formed by the combination of a front portion and a back portion (annotated Figure 5A, see below; paras. 0056-0058; it is respectfully noted that the term “portion” is very broad and merely means “a part of a whole;” see https://www.lexico.com/en/definition/portion; as to the various recited “front” and “back” portions, it is respectfully noted that the gusset of Wyner is capable of being worn in a variety of different manners beyond what is explicitly described by Wyner);
the front portion having a first front lateral side portion and a second front lateral side portion, wherein the first front lateral side portion and the second front lateral side portion are substantially symmetrical (annotated Figure 5A; paras. 0056-0058);
the back portion having a first back lateral side portion and a second back lateral side portion, wherein the first back lateral side portion and the second back lateral side portion are substantially symmetrical (annotated Figure 5A; paras. 0056-0058);
wherein the first front lateral side portion, second front lateral side portion, first back lateral side portion, and second back lateral side portion each form at least a portion of a gusset outer peripheral edge (annotated Figure 5A; paras. 0056-0058);
wherein the first front lateral side portion and second front lateral side portion together form a substantially convex region of at least a portion of the gusset outer peripheral edge (annotated Figure 5A; paras. 0056-0058); and
wherein the first back lateral side portion and second back lateral side portion each form a substantially concave region of at least a portion of the gusset outer peripheral edge (annotated Figure 5A; paras. 0056-0058; it is respectfully noted that the term “substantially” is very broad).
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To claim 5, Wyner further discloses a gusset, wherein:
an edge of the first front lateral side portion meets an edge of the first back lateral side portion at a first lateral point (annotated Figure 5A; paras. 0056-0058); and
an edge of the second front lateral side portion meets an edge of the second back lateral side portion at a second lateral point (annotated Figure 5A; paras. 0056-0058).
To claim 6, Wyner further discloses a gusset wherein the edge of the first front lateral side portion, the edge of the first back lateral side portion, the edge of the second front lateral side portion, and the edge of the second back lateral side portion together form the gusset outer peripheral edge (annotated Figure 5A; paras. 0056-0058).
To claim 7, Wyner further discloses a gusset wherein the gusset is fabricated from materials that provide at least one of breathability, absorbency, stretch, weight/thickness, opacity, odor resistance, and moisture wicking (paras. 0049, 0066, 0068).
To claim 8, Wyner further discloses a gusset wherein the gusset is fabricated with two or more layers (paras. 0049, 0066, 0068).
To claim 9, Wyner further discloses a gusset wherein the two or more layers comprises an inner layer and an outer layer that differ in at least one of breathability, absorbency, stretch, stretch direction, weight/thickness, opacity, odor resistance, and moisture wicking (paras. 0049, 0066, 0068).
To claim 10, Wyner further discloses a gusset wherein at least two of the two or more layers are at least partially attached (paras. 0049, 0066, 0068).
To claim 11, Wynder discloses a body covering garment (see for example Figures 1-4) having a gusset (see especially Figures 5A-5C and 9), wherein the gusset is configured for a crotch covering portion of the body covering garment, the crotch covering portion covering a region where a wearer's legs join a wearer's torso when the body covering garment is worn by the wearer (see Figures 1-5C and 9; paras. 0040-0042, 0052-0059, 0063-0064), the gusset comprising:
a width and a length, wherein the width and the length are formed by the combination of a front portion and a back portion (annotated Figure 5A, see above; paras. 0056-0058; it is respectfully noted that the term “portion” is very broad and merely means “a part of a whole;” see https://www.lexico.com/en/definition/portion; as to the various recited “front” and “back” portions, it is respectfully noted that the body covering garment of Wyner is capable of being worn in a variety of different manners beyond what is explicitly described by Wyner);
the front portion having a first front lateral side portion and a second front lateral side portion, wherein the first front lateral side portion and the second front lateral side portion are substantially symmetrical (annotated Figure 5A; paras. 0056-0058);
the back portion having a first back lateral side portion and a second back lateral side portion, wherein the first back lateral side portion and the second back lateral side portion are substantially symmetrical (annotated Figure 5A; paras. 0056-0058);
wherein the first front lateral side portion, second front lateral side portion, first back lateral side portion, and second back lateral side portion each form at least a portion of a gusset outer peripheral edge (annotated Figure 5A; paras. 0056-0058);
wherein the first front lateral side portion and second front lateral side portion together form a substantially convex region of at least a portion of the gusset outer peripheral edge (annotated Figure 5A; paras. 0056-0058); and
wherein the first back lateral side portion and second back lateral side portion each form a substantially concave region of at least a portion of the gusset outer peripheral edge (annotated Figure 5A; paras. 0056-0058; it is respectfully noted that the term “substantially” is very broad).
To claim 12, Wynder further discloses a body covering garment wherein the garment comprises at least one of pants, tights, leggings, shorts, a bodysuit, a jumpsuit, trousers, capris, leggings under a dress/skort undershort/legging construction, dress/skirt undershorts, underwear, a shaping garment, and swimwear (paras. 0003, 0042).
To claim 13, Wynder further discloses a body covering garment wherein the garment comprises a front panel (see Figures 2B and 2C; paras. 0016-0017, 0041, 0042), and at least one back panel (see Figure 2A; paras. 0015, 0041), wherein the front panel does not include a medial front seam (see Figures 2B-2C; it is respectfully noted that the claim is a “comprising” claim).
It is respectfully noted that the limitations “covering a front pelvic area of the wearer and at least a portion of front side of wearer's legs” and “covering a lower back area and a buttock area” are recitations of intended use. Recitations of the intended use of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, the body covering garment of Wyner is capable of being worn such that the side of the body covering garment depicted in Figures 2B-2C covers a front pelvic area of the wearer and at least a portion of a front side of the wearer's legs and the side of the body covering garment depicted in Figure 2A covers a lower back area and a buttock area of the wearer.
To claim 14, Wynder further discloses a body covering garment wherein the gusset is fabricated from different material than at least some material of a remainder of the garment (see Figures 1-5C and 9; paras. 0049, 0066, 0068; the gusset is fabricated from a different material than remainder of the garment and then attached to the garment; it is respectfully noted that the claim does not recite, for example, that the different material is a different type of material).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Gussets and associated garments analogous to the inventions of the instant application (see form PTO-892 “Notice of References Cited”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRIFFIN HALL whose telephone number is (571)270-0546. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at (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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/F Griffin Hall/Primary Examiner, Art Unit 3732
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