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 F: Figs. 17-18 in the reply filed on 10/28/2025 is acknowledged.
Claims 1-3, 8-15, and 19-20 are identified in the reply as reading on the elected species.
Claims 4-7 and 16-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 10/28/2025.
Claims 1-20 are presented.
Claims 4-7 and 16-18 are withdrawn.
The present office action treats claims 1-3, 8-15, and 19-20 on the merits.
The present office action is a non-final rejection.
Specification
The disclosure is objected to because of the following informalities:
Reference character “202” has been used to designate: “fold edge” (para 55); “sleeve” (para 57); one of “ends 202, 204”; para 60.
Appropriate correction is required.
Claim Objections
Claim 13 objected to because of the following informalities:
Claim 13 line 2: “an auxetic band according to claim 11” should be --the auxetic band according to claim 11--
Claim 13 line 2: “a top edge” should be --the top edge--
Claim 13 line 3: “a bottom edge” should be --the bottom edge--
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.
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Bocquet, WO-2006045935-A1].
Regarding claim 1:
Bocquet discloses (Figs. 1-5):
A garment 1 comprising:
an auxetic (“auxetic”; para 20) device 12 having a first end (see annotated Figs. 2-5 – a below), a second end (see annotated Figs. 2-5 – a below) opposite the first end, a top edge (see annotated Figs. 2-5 – a below) extending between the first end and the second end, and a bottom edge (see annotated Figs. 2-5 – a below) opposite the top edge, the first end and the second end being fixed (via 13) to another portion of garment 14, at least one of the top edge or the bottom edge being free between the first end and the second end (both are free to move and expand within sleeve 10 as evidenced in Figs. 2-5), the auxetic device having a Poisson ratio less than or equal to zero when stretched in a direction extending between the first end and the second end (as evidenced by its being “auxetic” (para 20) such that “width and/or thickness automatically increases when...stress applied to ends...increases” (Abstract) and as evidenced in comparing the width and thickness thereof when stretched in a direction extending between first and second ends in Figs. 4-5 to the width and thickness thereof when not so stretched in Figs. 2-3).
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Regarding claim 8:
Bocquet discloses The garment according to claim 1, as set forth above.
Bocquet further discloses further comprising a sleeve 10 that defines a tunnel (within which device 12 is provided), the first end and the second end of the auxetic device each including a solid area portion 14 (which is solid insofar as device 12 is seamed thereto; para 20), the sleeve closed about each solid area portion of the first end and the second end such that the auxetic device is enclosed within the sleeve 10 (Figs. 1-5).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Bocquet, WO-2006045935-A1].
Regarding claim 11:
Bocquet discloses (Figs. 1-5):
An auxetic (“auxetic”; para 20) band 9 for a garment 1, the auxetic band 9 comprising:
an auxetic (“auxetic”; para 20) device 12 having a first end (see annotated Figs. 2-5 – b below), a second end (see annotated Figs. 2-5 – b below) opposite the first end, a top edge (see annotated Figs. 2-5 – b below) extending between the first end and the second end, and a bottom edge (see annotated Figs. 2-5 – b below) opposite the top edge, the auxetic device having a Poisson ratio less than or equal to zero (as evidenced by its being “auxetic” (para 20) such that “width and/or thickness automatically increases when...stress applied to ends...increases” (Abstract) and as evidenced in comparing the width and thickness thereof when stretched in a direction extending between first and second ends in Figs. 4-5 to the width and thickness thereof when not so stretched in Figs. 2-3); and
a sleeve 10 of stretch fabric (“of elastic fabric”; para 20, which is a stretch fabric in that it has an “extensibility” (paras 9, 21)) having a first sleeve end (see annotated Figs. 2-5 – b below) and a second sleeve end (see annotated Figs. 2-5 – b below) opposite the first sleeve end, the sleeve of stretch fabric dimensioned to house the auxetic device 12 therein (para 20; Figs. 2-5), the first end of the auxetic device fixed (via one combined 13 and 14; para 20; Figs. 2 and 4) to the sleeve (para 20; Figs. 2 and 4) adjacent the first sleeve end (as in annotated Figs. 2-5 – b below) and the second end of the auxetic device fixed (via the other combined 13 and 14; para 20; Figs. 2 and 4) to the sleeve adjacent the second sleeve end (as in annotated Figs. 2-5 – b below), at least one of the top edge or the bottom edge free to move relative to the sleeve (both are free to move and expand within sleeve 10 and relative to sleeve 10 as evidenced in Figs. 2-5).
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Regarding claim 12:
Bocquet discloses The auxetic band according to claim 11, as set forth above.
Bocquet further discloses wherein the sleeve 10 is dimensioned to accommodate an increase in surface area (of 12 wherein surface area of 12 increases due to its auxetic nature when stretched) when the auxetic device is stretched in a direction extending between the first end and the second end (as evidenced in Figs. 2-5).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Bocquet, WO-2006045935-A1].
Regarding claim 14:
Bocquet discloses (Figs. 1-5):
A garment 1 comprising:
a support band 7 configured to position a top portion 9 of the garment about or adjacent a waist of a wearer (“shoulder”; para 10, wherein a shoulder is adjacent a waist of a wearer; it is noted the term “adjacent” means “Close to; lying near” (adjacent. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved January 15 2026 from https://www.thefreedictionary.com/adjacent);
an auxetic (“auxetic”; para 20) device 12 having a first end (see annotated Figs. 2-5 – a presented in above addressing of claim 1) and a second end (see annotated Figs. 2-5 – a presented in above addressing of claim 1) opposite the first end, the auxetic device having a Poisson ratio less than or equal to zero (as evidenced by its being “auxetic” (para 20) such that “width and/or thickness automatically increases when...stress applied to ends...increases” (Abstract) and as evidenced in comparing the width and thickness thereof when stretched in a direction extending between first and second ends in Figs. 4-5 to the width and thickness thereof when not so stretched in Figs. 2-3), the auxetic device 12 secured (via at least 13 and 14; para 20; Figs. 2-4) to the support band 7 such that at least one edge (see top edge and bottom edge identified in annotated Figs. 2-5 – a presented in above treatment of claim 1) of the auxetic device is free to move with respect to the support band (both are free to move and expand within sleeve 10 of support band 7 and with respect to sleeve 10 of the support band 7 as evidenced in Figs. 2-5).
Regarding claim 15:
Bocquet discloses The garment according to claim 14, as set forth above.
Bocquet further discloses wherein the auxetic device 12 forms a portion of the support band 7 (i.e. auxetic device 12 is a portion of shoulder strap 7; Figs. 1-5).
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Bocquet, WO-2006045935-A1] in view of [Toronjo, US 2014/0059734].
Regarding claim 2:
Bocquet discloses The garment according to claim 1, as set forth above.
Bocquet does not expressly disclose wherein the auxetic device includes a plurality of unit cells disposed between the first end and the second end.
However, Toronjo teaches (Figs. 1A-1B) an auxetic device 10 appropriate for a garment (para 2) wherein the auxetic device 10 includes a plurality of unit cells (“array of bow-tie shaped cells (which may also be referred to as "auxetic hexagons"), including a plurality of rows and columns of cells”; para 57) disposed between a first end and a second end of the auxetic device (Figs. 1A-1B).
Toronjo teaches “FIG. 1A shows the auxetic structure 10 in an unstretched state, with the thickness (or width) of the auxetic structure in the unstretched state being d1. FIG. 1B shows the auxetic structure 10 stretched in the direction of arrows 12, with the thickness of the auxetic structure in the stretched state being d2. As can be seen in FIG. 1B, when the auxetic structure is stretched in the direction of arrows 12, the auxetic structure 10 becomes thicker in a direction perpendicular to the arrows 12 than it was when in the unstretched state” (para 57).
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 Bocquet such that its auxetic device includes a plurality of unit cells disposed between the first end and the second end in order to achieve the auxetic effect, as taught by Toronjo (para 57). One of ordinary skill would have been confronted with a decision of how to provide the auxetic effect and would have recognized from the teachings of Toronjo that providing the device with a plurality of unit cells as claimed would be an expected to achieve the result of the auxetic device affording the auxetic property thereof.
Regarding claim 3:
Bocquet in view of Toronjo teach The garment according to claim 2, as set forth above.
As applied to claim 2 above, the modified Bocquet does not meet the limitation wherein the plurality of unit cells are arranged to have a reentrant structure.
However and in further view of Toronjo:
In Toronjo, the plurality of unit cells are arranged to have a reentrant structure (see portions of the auxetic hexagons which point inward into the auxetic device 10 in Fig. 1A such that the unit cells plurality of unit cells are arranged to have a reentrant structure insofar as “reentrant” means “Reentering; pointing inward”; reentrant. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved January 15 2026 from https://www.thefreedictionary.com/reentrant).
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 Toronjo such that the plurality of unit cells are arranged to have a reentrant structure in order to achieve the auxetic effect, as taught by Toronjo (para 57). One of ordinary skill would have been confronted with a decision of how to provide the auxetic effect and would have recognized from the teachings of Toronjo that providing the device with a plurality of unit cells the wherein the plurality of unit cells are arranged to have a reentrant structure as claimed would be an expected to achieve the result of the auxetic device affording the auxetic property thereof.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Amsel, US 2005/0132474] in view of [Kaylin, US 2021/0100293].
Regarding claim 1:
Amsel discloses (Figs. 3-5):
A garment 10 comprising:
a device 48 having a first end 54, a second end 52 opposite the first end, a top edge 50 extending between the first end and the second end, and a bottom edge 56 opposite the top edge, the first end and the second end being fixed to another portion of garment (para 36), at least one of the top edge or the bottom edge 56 being free between the first end and the second end (bottom edge 56 is a “free edge 56” which “hangs freely and is not attached”; para 36),
Amsel does not expressly disclose the device 48 is an auxetic device.
Amsel does not expressly disclose the auxetic device having a Poisson ratio less than or equal to zero when stretched in a direction extending between the first end and the second end.
Amsel describes the device 48 as a “resilient panel[]...preferably made from a woven sheet material” and “may be constructed from a range of weave and knit patterns to vary the direction and amount of the elasticity of the resilient panels” and is capable of stretching in plural directions (para 37). Amsel further teaches “on a wearer of the pants garment 10, the resilient panels 46, 48 lengthen to so as to become taut between the front edge 52 and rear edge 54. To accomplish the tautness, the front region 26 of the left and right sections 14, 16 are brought towards each other into mating engagement and secured via the adjustable fastening device 30. In a preferred embodiment, the fastening device 30 may include a conventional front fly zipper fastening system 61. Of course, other constructions are possible to provide the tautness of the panels. Nevertheless, the rear edge 54 of the panels 46, 48 biases the dart portion 58 towards the front seam of the garment 10, which creates a stretching force on the fabric of the pants garment 10. In this way the panels tend to pull the user's stomach in and works to further push the buttocks upwardly” (para 38).
Amsel is silent as to whether said device 48 is auxetic and is silent as to its Poisson ratio when stretched in a direction between ends 52 and 54.
However, Kaylin teaches a knit fabric device wherein said device is an auxetic device and is having a Poisson ratio less than or equal to zero when stretched in a direction extending between a first end and a second end (“material of the shaper garment and/or the network of stitches included in the...knit structure...may be auxetic, thus the material of the 3D knit structure may become thicker as it is stretched (i.e., the material becomes thicker the more it gets stretched); para 38.
Kaylin further teaches “Shaper garments including auxetic material may provide more support and/or lift to the garment the more the garment is stretched. Auxetic shaper garments may also provide a stronger shaping force the more the garment is stretched. Therefore, auxetic shaper garment embodiments may provide a customized level of support, lift, and/or shaping that varies according to the unique body shape of the wearer and is responsive to changes in one or more areas of the wearer's body. For example, portions of the wearer's chest area that extend farther away from the center of the wearer's body will stretch the shaper garment more. Accordingly, the garment will deliver more support, lift, and/or shaping to the extended areas of the body of the wearer relative to the areas of the body that are closer distance from the center of the body. The variable amount of support, lift, and/or shaping provided by the shaper garment material may allow the garment to move areas of the wearer's body that extend farther from a desired location more than areas of the wearer's body that are closer to their desired position. The customized level of support, lift, and/or shaping provided by the shaper garment ensures a more comfortable fit for a greater variety of body shapes and sizes. The customized level of support, lift, and/or shaping may enhance the shaping functionality of the shaper garment by selectively moving different areas of the wearer's body different amounts to produce a more fashionable figure that has a natural shape and does not have any uneven and/or artificial looking lumps, depressions, gaps, uneven areas, and the like.”; para 38
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 Amsel such that its device is an auxetic device having a Poisson ratio less than or equal to zero when stretched in a direction extending between the first end and the second end in order to provide more support and/or lift to the garment the more the garment is stretched; to provide a stronger shaping force the more the garment is stretched; and/or to provide a customized level of support, lift, and/or shaping that varies according to the unique body shape of the wearer and is responsive to changes in one or more areas of the wearer's body, as suggested by Kaylin (para 38).
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Thomson, US 6,035,448] in view of [Kaylin, US 2021/0100293].
Regarding claim 1:
Thomson discloses:
A garment 2 comprising:
a device (the “control panel”; col. 2 line 35; no specific numeral provided therefor; elements thereof identified hereinbelow) having a first end (the “rear edge” that “is attached to the pants with the line of stitching that constitutes the upper portion of the side seam”; col. 2 lines 42-44), a second end (the “front edge...sewn...along the...front body of the garment and along the same line of stitching 34 as is used to connect the zipper to the front edge of the pants”; col. 2 lines 36-38) opposite the first end, a top edge (the “top edge of the control panel” which is “connected to the pants with the line of stitching 12...used to connect the waistband to the legs of the pants”; col. 2 lines 39-41) extending between the first end and the second end, and a bottom edge (the “bottom edge of the control panel”; col. 2 line 45) opposite the top edge, the first end and the second end being fixed to another portion of garment (col. 2 lines 36-38 and 42-44), at least one of the top edge or the bottom edge (the “bottom edge”) being free between the first end and the second end (“There is no stitching to secure the bottom edge of the control panel and it hangs down freely”; col. 2 lines 45-46),
Thomson does not expressly disclose the device is an auxetic device.
Thomson does not expressly disclose the auxetic device having a Poisson ratio less than or equal to zero when stretched in a direction extending between the first end and the second end.
Thomson describes the device as a “control panel...to support and hold the stomach and abdomen” (Abstract); “Any material that is typically used as a control panel in a girdle may be used as the control panel in this invention”; col. 2 lines 56-58. Thomson further teaches “When the pants are closed, the control panel fits closely against the stomach or abdomen and firmly holds the figure of the body”; col. 2 lines 59-62.
Thomson is silent as to whether said device is auxetic and is silent as to its Poisson ratio when stretched in a direction between its ends.
However, Kaylin teaches a control panel device wherein said control panel device is an auxetic device and is having a Poisson ratio less than or equal to zero when stretched in a direction extending between a first end and a second end (“material of the shaper garment and/or the network of stitches included in the...knit structure...may be auxetic, thus the material of the 3D knit structure may become thicker as it is stretched (i.e., the material becomes thicker the more it gets stretched); para 38.
Kaylin further teaches “Shaper garments including auxetic material may provide more support and/or lift to the garment the more the garment is stretched. Auxetic shaper garments may also provide a stronger shaping force the more the garment is stretched. Therefore, auxetic shaper garment embodiments may provide a customized level of support, lift, and/or shaping that varies according to the unique body shape of the wearer and is responsive to changes in one or more areas of the wearer's body. For example, portions of the wearer's chest area that extend farther away from the center of the wearer's body will stretch the shaper garment more. Accordingly, the garment will deliver more support, lift, and/or shaping to the extended areas of the body of the wearer relative to the areas of the body that are closer distance from the center of the body. The variable amount of support, lift, and/or shaping provided by the shaper garment material may allow the garment to move areas of the wearer's body that extend farther from a desired location more than areas of the wearer's body that are closer to their desired position. The customized level of support, lift, and/or shaping provided by the shaper garment ensures a more comfortable fit for a greater variety of body shapes and sizes. The customized level of support, lift, and/or shaping may enhance the shaping functionality of the shaper garment by selectively moving different areas of the wearer's body different amounts to produce a more fashionable figure that has a natural shape and does not have any uneven and/or artificial looking lumps, depressions, gaps, uneven areas, and the like.”; para 38
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 Thomson such that its device is an auxetic device having a Poisson ratio less than or equal to zero when stretched in a direction extending between the first end and the second end in order to provide more support and/or lift to the garment the more the garment is stretched; to provide a stronger shaping force the more the garment is stretched; and/or to provide a customized level of support, lift, and/or shaping that varies according to the unique body shape of the wearer and is responsive to changes in one or more areas of the wearer's body, as suggested by Kaylin (para 38).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Thomson, US 6,035,448] and [Kaylin, US 2021/0100293] as applied to claim 1 above, and further in view of [Henry, US 2018/0199633, provided on Applicant’s IDS of 05/23/2025].
Regarding claim 9:
Thomson in view of Kaylin teach The garment according to claim 1, as set forth above.
Thomson further discloses further comprising: a front panel 22 and a rear panel 24 joined together at side seams 26 (“side seams”; col. 3 line 36) to form outer edges of the garment, the front panel and the rear panel define a top opening (col. 2 lines 16-18; Figs. 1-3) configured to be positioned adjacent a waist of a wearer (col. 2 lines 16-18; Figs. 1-3; col. 4 lines 19-20).
Thomson does not expressly disclose
and a body contact fabric, the auxetic device sandwiched between the front panel and the body contact fabric, the body contact fabric having a first edge and a second edge opposite the first edge, the auxetic device attached to the front panel or the rear panel along one of the first edge or the second edge, the body contact fabric configured to conceal the auxetic device.
However, Henry teaches (Fig. 2C) an auxetic device 270 (i.e. the “middle panel 270” (para 60) having “voided portions 286” (para 60) wherein said voided portions “comprise...auxetic...shape such as for example...auxetic hexagon” (para 28) such that the device 270 is an auxetic device), a front panel 268, and a body contact fabric 266 having a first edge 278 and a second edge (the edge opposite 278; Fig. 2C) opposite the first edge wherein the auxetic device 270 is sandwiched between the front panel 268 and the body contact fabric 266 (para 60; Fig. 2C), the body contact fabric 266 configured to conceal (266 is “an interior panel configured to face a wearer when...worn” such that body contact fabric 266 is configured to conceal auxetic device 270 when viewed from the inside of the garment) the auxetic device 270.
Henry Fig. 2C does not expressly disclose the auxetic device attached to the front panel or the rear panel along one of the first edge or the second edge. However and in further view of Henry: Henry teaches first edge 278 is an edge of the second portion 264 –wherein said second portion 264 comprises the combined front panel, auxetic device, and body contact fabric and is secured to an edge 272 of another portion of the garment “by forming seams through stitching...first edge 272...to...edge 278”; para 64). Although the “seams through stitching” are not expressly described as extending through two or more of the plural layers--front panel, auxetic device, and body contact fabric--, one of ordinary skill would have recognized that stitching edge 278 to edge 272 could have been performed successfully if the “seams through stitching” extend through one or more of the three panels—including a “seams through stitching” that would extend through all three panels –i.e. through the front panel, through an end of the auxetic device, and through the body contact fabric--in order to secure the second portion—having those three panels—to edge 272 of the other portion of the garment to thereby attach the auxetic device 270 and the body contact fabric 266 to the front panel 268 and also to edge 272 of the other portion of the garment.
Henry, in regards to the body contact fabric 266, further teaches “the first panel of pliable material 266 is an interior panel with the greatest proximity to the wearer's body, the first panel of pliable material 266 may comprise a moisture management fabric/textile configured to rapidly pull moisture (i.e. perspiration) away from the wearer's body to provide a dry feeling to the wearer when the lower body garment 260 is worn”; para 61.
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 Thomson such that it is provided with a body contact fabric, the auxetic device sandwiched between the front panel and the body contact fabric, the body contact fabric having a first edge and a second edge opposite the first edge, the auxetic device attached to the front panel along the first edge, the body contact fabric configured to conceal the auxetic device; further wherein the first end and the first edge are stitched together to attach the auxetic device and the body contact fabric to the front panel in order to pull moisture and/or perspiration away from the wearer’s body to provide a dry feeling via the body contact fabric, as taught by Henry (para 61) further wherein the combined auxetic device, front panel, and body contact fabric are durably secured to each other and to the rest of the garment at the side seam thereof due to the auxetic device being attached to the front panel along the first edge and the first end and the first edge are stitched together to attach the auxetic device and the body contact fabric to the front panel.
Regarding claim 10:
Thomson in view of Kaylin and Henry teach The garment according to claim 9, as set forth above.
The modified Thomson further meets the limitation wherein the first end and the first edge are stitched together to attach the auxetic device and the body contact fabric to the front panel (see above treatment of claim 9, where the limitation is addressed) or the rear panel.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Bocquet, WO-2006045935-A1] in view of [Miller, US 6,165,045].
Regarding claim 13:
Bocquet discloses the auxetic band according to claim 11, as set forth above.
Bocquet further discloses A garment 1 comprising the auxetic band according to claim 11.
Bocquet does not expressly disclose wherein a top edge of the auxetic band is positioned at or below a waistband of the garment or a bottom edge of the auxetic band is positioned at a waistband of the garment.
Bocquet teaches the garment is a “bra with variable volume shoulder straps” (Abstract); the garment does not a waistband.
Miller teaches a bra 30 comprising variable shoulder straps 2 and also provided with a waistband 18. Miller further teaches the waistband is “for securing...to the user’s body” (col. 3 line 40) and is for “Encircling the wearer’s rib cage” (col. 5 line 21).
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 Bocquet such that it is provided with a waistband, as in Miller, in order to help secure the garment to the body and to the waist area thereof, as suggested by Miller (col. 3 line 40; col. 5 line 21). In adopting the modification, the limitation wherein a top edge of the auxetic band is positioned at or below a waistband of the garment or a bottom edge of the auxetic band is positioned at a waistband of the garment insofar as auxetic band of the modified Bocquet—and its top and bottom edges—would be at the waistband of the modified Bocquet in the same manner that the shoulder straps 2 of Miller—and their edges—are at the waistband 18 of Miller. It is noted the term “at” means “a. In or near the area occupied by; in or near the location of” and “b. In or near the position of”; at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved January 20 2026 from https://www.thefreedictionary.com/at and that in Miller, waistband 18 is near the position of and near the location of shoulder straps 2 and edges thereof such that shoulder strap edges thereof are positioned at waistband 18 of Miller.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Thomson, US 6,035,448] in view of [Kaylin, US 2021/0100293].
Regarding claim 14:
Thomson discloses:
A garment 2 comprising:
a support band 10 configured to position a top portion of the garment about or adjacent a waist of a wearer (“waistband 10”; col. 2 line 16; Figs. 1-3);
a device (the “control panel”; col. 2 line 35; no specific numeral provided therefor; elements thereof identified hereinbelow) having a first end (the “rear edge” that “is attached to the pants with the line of stitching that constitutes the upper portion of the side seam”; col. 2 lines 42-44) and a second end (the “front edge...sewn...along the...front body of the garment and along the same line of stitching 34 as is used to connect the zipper to the front edge of the pants”; col. 2 lines 36-38) opposite the first end, the device secured to the support band 10 (via 12; col. 2 lines 39-41) such that at least one edge (i.e. the “bottom edge”) of the device is free to move with respect to the support band 10 (“There is no stitching to secure the bottom edge of the control panel and it hangs down freely”; col. 2 lines 45-46),
Thomson does not expressly disclose the device is an auxetic device.
Thomson does not expressly disclose the auxetic device having a Poisson ratio less than or equal to zero.
Thomson describes the device as a “control panel...to support and hold the stomach and abdomen” (Abstract); “Any material that is typically used as a control panel in a girdle may be used as the control panel in this invention”; col. 2 lines 56-58. Thomson further teaches “When the pants are closed, the control panel fits closely against the stomach or abdomen and firmly holds the figure of the body”; col. 2 lines 59-62.
Thomson is silent as to whether said device is auxetic and is silent as to its Poisson ratio.
However, Kaylin teaches a control panel device wherein said control panel device is an auxetic device and is having a Poisson ratio less than or equal to zero (“material of the shaper garment and/or the network of stitches included in the...knit structure...may be auxetic, thus the material of the 3D knit structure may become thicker as it is stretched (i.e., the material becomes thicker the more it gets stretched); para 38.
Kaylin further teaches “Shaper garments including auxetic material may provide more support and/or lift to the garment the more the garment is stretched. Auxetic shaper garments may also provide a stronger shaping force the more the garment is stretched. Therefore, auxetic shaper garment embodiments may provide a customized level of support, lift, and/or shaping that varies according to the unique body shape of the wearer and is responsive to changes in one or more areas of the wearer's body. For example, portions of the wearer's chest area that extend farther away from the center of the wearer's body will stretch the shaper garment more. Accordingly, the garment will deliver more support, lift, and/or shaping to the extended areas of the body of the wearer relative to the areas of the body that are closer distance from the center of the body. The variable amount of support, lift, and/or shaping provided by the shaper garment material may allow the garment to move areas of the wearer's body that extend farther from a desired location more than areas of the wearer's body that are closer to their desired position. The customized level of support, lift, and/or shaping provided by the shaper garment ensures a more comfortable fit for a greater variety of body shapes and sizes. The customized level of support, lift, and/or shaping may enhance the shaping functionality of the shaper garment by selectively moving different areas of the wearer's body different amounts to produce a more fashionable figure that has a natural shape and does not have any uneven and/or artificial looking lumps, depressions, gaps, uneven areas, and the like.”; para 38
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 Thomson such that its device is an auxetic device having a Poisson ratio less than or equal to zero in order to provide more support and/or lift to the garment the more the garment is stretched; to provide a stronger shaping force the more the garment is stretched; and/or to provide a customized level of support, lift, and/or shaping that varies according to the unique body shape of the wearer and is responsive to changes in one or more areas of the wearer's body, as suggested by Kaylin (para 38).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Thomson, US 6,035,448] and [Kaylin, US 2021/0100293] as applied to claim 14 above, and further in view of [Henry, US 2018/0199633, provided on Applicant’s IDS of 05/23/2025].
Regarding claim 19:
Thomson in view of Kaylin teach The garment according to claim 14, as set forth above.
Thomson further discloses further comprising: a front panel 22.
Thomson does not expressly disclose
and a body contact fabric panel secured to the front panel, the auxetic device positioned between the body contact fabric panel and the front panel with the body contact fabric panel preventing the auxetic device from contacting the skin of a wearer.
However, Henry teaches (Fig. 2C) an auxetic device 270 (i.e. the “middle panel 270” (para 60) having “voided portions 286” (para 60) wherein said voided portions “comprise...auxetic...shape such as for example...auxetic hexagon” (para 28) such that the device 270 is an auxetic device), a front panel 268, and a body contact fabric panel 266 secured to the front panel 268 (para 62; Fig. 2C) wherein the auxetic device 270 is positioned between the body contact fabric panel 266 and the front panel 268 (para 60; Fig. 2C), the body contact fabric panel 266 preventing the auxetic device 270 from contacting the skin of a wearer (266 is “an interior panel configured to face a wearer when...worn” such that the wearer’s skin can body contact fabric panel 266 instead of the auxetic device 270 behind body contact fabric panel 266) the auxetic device 270.
Henry, in regards to the body contact fabric panel 266, further teaches “the first panel of pliable material 266 is an interior panel with the greatest proximity to the wearer's body, the first panel of pliable material 266 may comprise a moisture management fabric/textile configured to rapidly pull moisture (i.e. perspiration) away from the wearer's body to provide a dry feeling to the wearer when the lower body garment 260 is worn”; para 61.
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 Thomson such that it is provided with a body contact fabric panel secured to the front panel, the auxetic device positioned between the body contact fabric panel and the front panel with the body contact fabric panel preventing the auxetic device from contacting the skin of a wearer in order to pull moisture and/or perspiration away from the wearer’s body to provide a dry feeling via the body contact fabric, as taught by Henry (para 61).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Thomson, US 6,035,448], [Kaylin, US 2021/0100293], and [Henry, US 2018/0199633] as applied to claim 19 above, and further in view of [Cho, US 2007/0220658].
Regarding claim 20:
Thomson in view of Kaylin and Henry teach The garment according to claim 19, as set forth above.
Thomson further discloses further comprising a pocket 8.
Thomson does not expressly disclose the pocket formed of pocket fabric, the pocket fabric disposed between the front panel and the auxetic device.
However Cho teaches a pocket formed of pocket fabric (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 Thomson such that its pocket is formed of pocket fabric in order to yield the predictable result of a pocket whose constituent material can be cut from fabric a fabric roll at the point of manufacture.
Regarding the limitation disposed between the front panel and the auxetic device:
In further view of Thomson: Thomson teaches “Any type of pocket 8 may be provided...inclusion of a pocket will have no effect on the inclusion of the control panel” (col. 2 lines 10-13). Looking to Fig. 1, pocket 8 appears is in superposed relation to the device defined by the seams described in col. 2 line 36-44.
Thomson does not expressly disclose pocket or pocket fabric is/are “disposed between the front panel and the” control panel device. However, one of ordinary skill would look to Fig. 1 and to the description of the pocket in relation to the control panel device in col. 2 lines 10-13 and expect the pocket to be able to retain an object therein if it were disposed between front panel and auxetic device or, in the alternative, if it were provided otherwise—for example as a patch pocket provided on an exterior surface of the front panel or as a patch pocket on an interior surface of the control panel device.
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 Thomson such that its pocket fabric is disposed between the front panel and the auxetic device in order to yield the predictable result of a pocket whose pocket fabric is accessible through a silt in the front panel into the pocket fabric behind the front panel.
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732