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
This is in response to amendment received on 04/15/26. Claims 1, 3, 10, 12, 13, 14, 16, 18, 20 and 21 have been amended and claims 24-28 have been newly added. Claims 1, 3, 5-10, 12-14, 16, 18, 20-21 and 24-28 are examined herein.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, main body structure being a unitary member as provided in claim 21 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it is over 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The use of the term Zorb® (paragraph 0038), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be entirely capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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 –
Claim(s) 10, 12-14, 16, 18, 20-21, 24-26 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nathan et al. (US 2007/0083985).
In regard to claim 10, Nathan et al. teaches a garment comprising: a main body structure comprising a front portion and a back portion (main body/waistband: 30); two layers of fabric coupled to the front portion along outer edges of the front portion (one layer: 18, second layer: 52, see figures 1 and 2); and a pocket guide configured to form a self-contained pouch when the garment is reversibly folded in on itself (see figures 1-4B), the pocket guide comprising a circular seam or weld that joins the two layers of fabric and the front portion of the main body structure (seam: 54 joins 18, 52 and top edge 32 stitching to waistband: 30, paragraphs 0013-0014), wherein a portion of an edge of one of the two layers forms an opening of the pocket guide (see edge of outer layer 52 forming opening), wherein the edge of the one of the two layers is offset a distance from a center of the pocket guide (an edge of both 18 and 52 is offset a distance from a center of the pocket guide), and wherein the opening is offset the distance from the center of the pocket guide (opening formed by top edge 56 is offset the distance from the center of the pocket guide: see figure 2).
In regard to claim 12, Nathan teaches wherein the portion of the edge comprises a curve (see curve edge 56 in figure 2).
In regard to claim 13, Nathan teaches wherein the two layers of fabric overlap in a central region of the front portion (see figures 1 and 2).
In regard to claim 14, Nathan teaches wherein the two layers of fabric are coupled to an exterior side of the front portion (coupled via seam 32 and 54, see figure 1, coupled to the exterior side of waistband: 30 as positioned in figure 2).
In regard to claim 16, Nathan teaches wherein the garment comprises an undergarment, a swim garment, or athletic attire comprising a washable material configured to absorb body fluids (paragraph 0012).
In regard to claim 18, Nathan teaches wherein the pocket guide is centered between a right outer edge and a left outer edge of the front portion (see figures 1 and 2).
In regard to claim 20, Nathan teaches wherein the seam or weld (54) passes through the front portion (30) to an interior-most side of the front portion (see seam in figures 1 and 2 extending through the interior and exterior of the garment including at the waistband seam along edge 32).
In regard to claim 21, Nathan teaches wherein the main body structure is a single unitary structure (see figures 1 and 2, body is formed into a single unitary structure).
In regard to claim 24, Nathan teaches wherein the layers of fabric do not overlap in a central region of the front portion (layers 18 and 52 do not overlay at opening formed by edge 56 in the front portion).
In regard to claim 25, Nathan teaches wherein the two layers of fabric are coupled to an interior side of the front portion (coupled via seam 32 and 54, see figure 1, coupled to the interior side of waistband: 30).
In regard to claim 26, Nathan teaches wherein the pocket guide is not centered between a right outer edge and a left outer edge of the front portion (see opening to pocket guide that is not the pocket guide and therefore not centered at the opening between the left and right side).
In regard to claim 28, Nathan teaches wherein the main body structure comprises a plurality of portions joined together (see figures 1 and 2, paragraphs 0011-0012).
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) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nathan et al. (US 2007/0083985) in view of Thomas (US 7,191,720).
Nathan teaches a undergarment as described above in claim 1. However, Nathan fails to teach the circular seam not passing through the interior side of the front panel.
In regard to claim 27, Thomas teaches an adhesive seam that would not pass through the front portion to an interior-most side of the front portion attaching the garment panels together (figures 1 and 2, column 4, lines 10-20).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the seam of Nathan as an bonded seam as taught by Thomas, since the seam of Nathan provided as a bonded seam would provide a seam that attaches garment panels together without passing through the panels (like stitching) and provides a less bulky attachment means (Thomas: column 4, lines 10-20).
Allowable Subject Matter
Claims 1, 3 and 5-9 are allowed.
Response to Arguments
Applicant's arguments filed 04/15/26 have been fully considered but they are not persuasive. Applicant remarks that claim 10 was amended to include the allowable subject matter of dependent claims 2 and 4.
The examiner notes that claims 2 and 4 were allowable based upon the subject matter of intendent claim 1. Claim 10 is an independent claim that does not contain the subject matter that gets around the Nathan reference and as detailed above in the office action.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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, Clinton T Ostrup can be reached at (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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