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 B: Fig. 14: an engineered knitted garment 1400 having integrated compression zones 300. The engineered knitted garment 1400 of FIG. 14 may be a sports bra or top. The garment 1400 includes a number (e.g., 3) of compression zones 300 each having a respective amount of compression (or compressive modulus) (e.g., Modulus 1, Modulus 2, etc.). The layout or arrangement of the compression zones 300 in the breast area 170 of the garment 1400 of FIG. 14 is tuned to provide support for sensitive areas. For example, greater support (i.e., a higher compressive modulus Modulus 3) may be provided in the areola/nipple area, and on either side of the breast tissue, and less support (i.e., a lower compressive modulus Modulus 1) may be provided around the areola/nipple area in the reply filed on 05/22/2026 is acknowledged.
Claims 1-20 are identified as reading on the elected species in the reply.
The present Office action treats claims 1-20 on the merits.
The present Office action is a non-final rejection.
Priority
This application repeats a substantial portion of prior Application No. 17/006,177, filed 08/28/2020, and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Attention is drawn to MPEP 211.05 which states in relevant part:
Under 35 U.S.C. 120, a claim in a U.S. application is entitled to the benefit of the filing date of an earlier filed U.S. application if the subject matter of the claim is disclosed in the manner provided by 35 U.S.C. 112(a) except for the best mode requirement, in the earlier filed application. See, e.g., Tronzo v. Biomet, Inc., 156 F.3d 1154, 47 USPQ2d 1829 (Fed. Cir. 1998); In re Scheiber, 587 F.2d 59, 199 USPQ 782 (CCPA 1978). A claim in a subsequently filed application that relies on a combination of prior applications may not be entitled to the benefit of an earlier filing date under 35 U.S.C. 120 since 35 U.S.C. 120 requires that the earlier filed application contain a disclosure which complies with 35 U.S.C. 112(a) except for the best mode requirement for each claim in the subsequently filed application. Studiengesellschaft Kohle m.b.H. v. Shell Oil Co., 112 F.3d 1561, 1564, 42 USPQ2d 1674, 1677 (Fed. Cir. 1997).
A claim in the later-filed application is not entitled to the benefit of the filing date of the prior-filed application if the disclosure of the prior-filed application does not enable one skilled in the art to “use” the claimed invention. See In re Hafner, 410 F.2d 1403, 1406, 161 USPQ 783, 786 (CCPA 1969) (“[T]o be entitled to the benefits provided by [35 U.S.C. 120], the invention disclosed in the “previously filed” application must be described therein in such a manner as to satisfy all the requirements of the first paragraph of [35 U.S.C.] 112, including that which requires the description to be sufficient to enable one skilled in the art to use the [invention].”).
Attention is further drawn to independent claim 1, which recites features that the prior-filed application does not disclose or support including, at least, “a first compression zone on the front side, the first compression zone having a first amount of compression and a first fabric weight, wherein the first compression zone includes a first right compression zone and a first left compression zone, the first right compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's right breast, the first left compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's left breast; a second compression zone on the front side, the second compression zone having a second amount of compression and a second fabric weight, wherein the second compression zone includes a second right compression zone and a second left compression zone, the second right compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the right breast area and the second right compression zone extends in width at least along a bottom edge of the first right compression zone, the second left compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the left breast area and the second left compression zone extends at least along a bottom edge of the first left compression zone; a third compression zone on the front side, the third compression zone having a third amount of compression and a third fabric weight, wherein the third compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below both the right and left breast areas, the third compression zone is below both the second left compression zone and the second right compression zone and extends in width at least between a bottom edge of the second right compression zone and a bottom edge of the second left compression zone; wherein the first right compression zone is directly or indirectly joined to the second right compression zone by a first seamless transition, the first left compression zone is directly or indirectly joined to the second left compression zone by a second seamless transition, the second right compression zone and the second left compression zone are both directly or indirectly joined to the third compression zone by a third seamless transition; wherein the first amount of compression is less than the second amount of compression and the first amount of compression is less than the third amount of compression; wherein a difference between the first fabric weight and the second fabric weight or between the first fabric weight and the third fabric weight ranges from 100 grams per square meter (GSM) to 220 GSM, and wherein the first fabric weight is less than the second fabric weight and the first fabric weight is less than the third fabric weight”
It is noted that the prior filed application recites “a difference in fabric weight between the first compression zone and the second compression zone is between 100 and 220 grams per square meter (GSM)” (original claim 2) wherein “a first compression zone having a first knit stitch construction wherein one of the jacquard guide bars is used to define the first knit stitch construction and the other of the jacquard guide bars is used to add an elastane jacquard to the first knit stitch construction to increase fabric weight in the first compression zone, the first compression zone having a first amount of compression; and, a second compression zone joined to the first compression zone by a seamless transition and having a second knit stitch construction, the second compression zone having a second amount of compression; wherein the first amount of compression is greater than the second amount of compression” (original claim 1, on which original claim 2 is dependent). However, the difference in fabric weight as recited in original claims 1-2 is not of zones corresponding to the zones presented for examination in claim 1 of the instant application. Para [0031] of the prior filed application recites “a difference in fabric weight between the first compression zone 310 and the second compression zone 320 may be between 100 and 220 grams per square meter (GSM)”. However, the difference in fabric weight described in para [0031] is not of zones corresponding to the zones presented for examination in claim 1 of the instant application. It is noted neither of zones 310 and 320 are not described in the prior filed application as “includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's right breast,...includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's left breast;...includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the right breast area...includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the left breast area” as recited in claim 1 presented for examination in the instant application. In addition, although seamless transitions are described in the prior filed application (see paras 30, 33, 35, 40 in reference to seamless transitions 315, 325, 1015, 1025; see original claims 1, 14, 17-18), no upper torso garment as claimed in claim 1 is described as having compression zones as claimed and a first, a second, and a third seamless transition as claimed in claim 1 wherein “wherein the first right compression zone is directly or indirectly joined to the second right compression zone by a first seamless transition, the first left compression zone is directly or indirectly joined to the second left compression zone by a second seamless transition, the second right compression zone and the second left compression zone are both directly or indirectly joined to the third compression zone by a third seamless transition”.
Claim 1 is entitled only to the filing date that the features were first introduced or adequately supported, which is 05/28/2025. Those claims which depend from claim 1 are also entitled only to the filing date that the features were first introduced or adequately supported, which is 05/28/2025.
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, the
rear side of claim 1
first compression zone on the front side of claim 1
first right compression zone of claim 1
first left compression zone of claim 1
first right compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's right breast of claim 1
first left compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's left breast of claim 1
a second compression zone on the front side of claim 1
second right compression zone of claim 1
second left compression zone of claim 1,
second right compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the right breast area of claim 1
the second right compression zone extends in width at least along a bottom edge of the first right compression zone of claim 1
bottom edge of the first right compression zone of claim 1
second left compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the left breast area
second left compression zone extends at least along a bottom edge of the first left compression zone of claim 1
bottom edge of the first left compression zone of claim 1
third compression zone on the front side, third compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below both the right and left breast areas of claim 1
the third compression zone is below both the second left compression zone and the second right compression zone and extends in width at least between a bottom edge of the second right compression zone and a bottom edge of the second left compression zone of claim 1
bottom edge of second right compression zone of claim 1
bottom edge of second left compression zone of claim 1
first seamless transition of claim 1
second seamless transition of claim 1
third seamless transition of claim 1
wherein the second right compression zone and the second left compression zone meet between a medial side of the first right compression zone and a medial side of the first left compression zone of claim 2
each of the right side strap and the left side strap extend from the front side to the back side of claim 3
fourth compression zone of claim 4
fourth right compression zone of claim 4
fourth left compression zone of claim 4
lateral edge of second right compression zone of claim 4
right back side of claim 4
lateral edge of second left compression zone of claim 4
left back side of claim 4
fourth right compression zone is directly or indirectly joined to the lateral edge of the second right compression zone by a seamless transition of claim 4
fourth right compression zone is directly or indirectly joined to a top edge of the third compression zone by a seamless transition of claim 4
the fourth left compression zone is directly or indirectly joined to the lateral side of the second left compression zone by a seamless transition of claim 4
the fourth left compression zone is directly or indirectly joined to the top edge of the third compression zone by a seamless transition of claim 4
fifth compression zone of claim 5
medial edge of the first right compression zone of claim 5
medial edge of the first left compression zone of claim 5
fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition of claim 5
fifth compression zone is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition of claim 5
sixth compression zone of claim 6
sixth right compression zone of claim 6
sixth left compression zone of claim 6
lateral edge of first right compression zone of claim 6
top edge of first right compression zone of claim 6
sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition of claim 6
lateral edge of first left compression zone of claim 6
top edge of first left compression zone of claim 6
sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition of claim 6
each of the right side strap and the left side strap extend from the front side to the back side of claim 7
lower torso portion that is sized and shaped to cover at least a hip area and front pelvic area of a wearer of claim 15
bra of claim 16
top of claim 17
shirt of claim 18
jacket of claim 19
fifth compression zone of claim 20
medial edge of the first right compression zone of claim 20
medial edge of the first left compression zone of claim 20
fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition of claim 20
fifth compression zone is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition of claim 20
sixth compression zone of claim 20
sixth right compression zone of claim 20
sixth left compression zone of claim 20
lateral edge of first right compression zone of claim 20
top edge of first right compression zone of claim 20
sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition of claim 20
lateral edge of first left compression zone of claim 20
top edge of first left compression zone of claim 20
sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition of claim 20
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.
Claim Objections
Claims 1 and 5 are objected to because of the following informalities:
Claim 1 line 10: “the first right compression zones includes” should be --the first right compression zone includes--
Claim 1 lines 11-12: “the first left compression zones includes” should be --the first left compression zone includes--
Claim 1 line 25: “and a third fabric weight.” should be --and a third fabric weight,--; attention is drawn to MPEP 608.01(m) which states in relevant part “Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations.”
Claim 5 line 12: “between the fourth fabric weight” should be --between the fifth fabric weight--
Appropriate correction is required.
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) 1-14 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Reilly, US 2021/0059864, cited by Applicant on the IDS of 11/07/2025] in view of [Diaz, US 2018/0320297] and [Mahar, US 9,730,476, cited by Applicant on the IDS of 05/28/2025].
Regarding claim 1:
Reilly discloses (claim 20, wherein it is noted that claim 20 depends from parent claim 1):
An upper torso garment (“bra”; claim 20 line 2), comprising:
a front side (as evidenced by its having an “areola area”), wherein the front side is sized and shaped to cover an area corresponding to a front portion of a wearer's upper torso (as evidenced by its having an “areola area”), and the front side comprises a single engineered knitted component (“knitted panel”; claim 1 line 3) having a plurality of integrated compression zones (claim 1 lines 7 and 15), the plurality of integrated compression zones including a first compression zone (the “second compression zone” of claim 1 line 15) on the front side (as evidenced by its being “located in an area surrounding the areola area”; claim 20), the first compression zone having a first amount of compression (i.e. the “second amount of compression” of claim 1 line 18) and a first fabric weight (owing to its knit stitch construction; claim 1 line 17),
a second compression zone (i.e. the “first compression zone” of claim 1 line 7) on the front side (as evidenced by its being “located in an areola area”; claim 20), the second compression zone having a second amount of compression (i.e. the “first amount of compression” of claim 1 line 13) and a second fabric weight (owing to its knit stitch construction and elastane jacquard added; claim 1 lines 7-11),
wherein the first amount of compression is less than the second amount of compression (final two lines of claim 1).
Reilly claim 20 does not expressly disclose the single engineered knitted component is a single engineered warp knitted component.
However and in further view of Reilly:
Reilly as embodied in para 28 teaches a single engineered knitted component 500 is a single engineered warp knitted component (“knitted using...warp knitting machine”; para 28).
Reilly further teaches “An example of such a machine is the RascheltronicTM 4/2 jacquard raschel warp knitting machine available form Karl Mayer Holding GmbH & Co. KG. The two jacquard guide bars 910, 920 are used for seamlessly knitting different compression zones 300” (para 28).
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 Reilly claim 20 upper torso garment such that its single engineered knitted component is a single engineered warp knitted component in order to provide the compression zones in a seamless manner, as suggested by Reilly (para 28).
Reilly claim 20 does not expressly disclose An upper torso garment, comprising: a front side and a rear side, wherein the front side is sized and shaped to cover an area corresponding to a front portion of a wearer's upper torso, the rear side is sized and shaped to cover an area corresponding to a rear portion of a wearer's upper torso, and the front and rear sides comprise a single engineered warp knitted component having a plurality of integrated compression zones.
Diaz teaches an upper torso garment 10 comprising a front side 18 and a rear side 16, the rear side is sized and shaped to cover an area corresponding to a rear portion of a wearer's upper torso (“covers at least part of a wearer’s back”; para 24), and the front and rear sides comprise a single engineered knitted component (“The entire upper-torso garment may be knit as a single integrated piece, which is then coupled together at particular locations to create a left side, right side, anterior portion, and posterior portion”; para 92).
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 Reilly claim 20 upper torso garment such that it is further comprising a rear side, the rear side is sized and shaped to cover an area corresponding to a rear portion of a wearer's upper torso, and the front and rear sides comprise the single engineered warp knitted component in order to permit the upper torso garment to cover a part of the wearer’s back when worn, as suggested by Diaz (para 92).
Reilly claim 20 does not expressly disclose wherein the first compression zone includes a first right compression zone and a first left compression zone, the first right compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's right breast, the first left compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's left breast.
As explained above, the first compression zone is “located in an area surrounding the areola area”; however, Reilly claim 20 is silent as to whether said area surrounding the areola area is sized and shaped to cover a breast or not. In other words, Reilly claim 20 does not state the area surrounding the areola area is close enough to the areolae to be sized and shaped to cover a breast. Moreover, Reilly claim 20 does not state the first compression zone includes plural zones: one to cover an area corresponding to a right breast and another to cover an area corresponding to a left breast.
However, and in further view of Reilly: Reilly Fig. 14 teaches “The layout or arrangement of the compression zones 300 in the breast area 170 of the garment 1400 of FIG. 14 is tuned to provide support for sensitive areas. For example, greater support (i.e., a higher compressive modulus Modulus 3) may be provided in the areola/nipple area, and on either side of the breast tissue, and less support (i.e., a lower compressive modulus Modulus 1) may be provided around the areola/nipple area” (para 41). Reilly Fig. 14 further shows the “lower compressive modulus Modulus 1” being provided as a first compression zone includes a first right compression zone and a first left compression zone, the first right compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's right breast, the first left compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's left breast (see annotated Fig. 14 – a below).
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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 Reilly claim 20 upper torso garment such that its first compression zone includes a first right compression zone and a first left compression zone, the first right compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's right breast, the first left compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's left breast, as in Reilly Fig. 14, in order to provide relatively lesser support in the area corresponding to the wearer’s right breast around the areola area and the area corresponding to the wearer’s left breast around the areola area, as suggested by Reilly (para 41).
Reilly claim 20 does not expressly disclose wherein the second compression zone includes a second right compression zone and a second left compression zone, the second right compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the right breast area and the second right compression zone extends in width at least along a bottom edge of the first right compression zone, the second left compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the left breast area and the second left compression zone extends at least along a bottom edge of the first left compression zone.
Rather, as explained above, the second compression zone is “located in an areola area”.
However and in further view of Reilly:
Reilly Fig. 14 teaches a second compression zone (see annotated Fig. 14 – b below) that is located in an areola area (see annotated Fig. 14 – b below) and also includes a second right compression zone (see annotated Fig. 14 – b below) and a second left compression zone (see annotated Fig. 14 – b below), the second right compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the right breast area (see annotated Fig. 14 – b below) and the second right compression zone extends in width at least along a bottom edge of a first right compression zone (see annotated Fig. 14 – b below), the second left compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the left breast area and the second left compression zone extends at least along a bottom edge of a first left compression zone (see annotated Fig. 14 – b below).
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Reilly further teaches the layout or arrangement of the compression zones 300 in the breast area 170 of the garment 1400 of FIG. 14 is tuned to provide support for sensitive areas. For example, greater support (i.e., a higher compressive modulus Modulus 3) may be provided in the areola/nipple area, and on either side of the breast tissue, and less support (i.e., a lower compressive modulus Modulus 1) may be provided around the areola/nipple area” (para 41).
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 Reilly claim 20 upper torso garment such that its second compression zone, in addition to being provided in an areola area, is also provided with a second right compression zone and a second left compression zone, the second right compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the right breast area and the second right compression zone extends in width at least along a bottom edge of the first right compression zone, the second left compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the left breast area and the second left compression zone extends at least along a bottom edge of the first left compression zone in order to provide support for the sensitive area on either side of the breast tissue on both left and right sides of the garment, as suggested by Reilly (para 41).
Reilly claim 20 does not expressly disclose a third compression zone on the front side, the third compression zone having a third amount of compression and a third fabric weight, wherein the third compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below both the right and left breast areas, the third compression zone is below both the second left compression zone and the second right compression zone and extends in width at least between a bottom edge of the second right compression zone and a bottom edge of the second left compression zone;
Reilly claim 20 does not expressly disclose the first amount of compression is less than the third amount of compression.
However and in further view of Reilly:
Reilly Fig. 14 shows a third compression zone (see annotated Fig. 14 – c below) on a front side, the third compression zone having a third amount of compression (due to its modulus) and a third fabric weight (due to the constituent component(s) thereof), wherein the third compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below both the right and left breast areas (as in annotated Fig. 14 – c below), the third compression zone is below both a second left compression zone and a second right compression zone (see annotated Fig. 14 – c below) and extends in width at least between a bottom edge of the second right compression zone and a bottom edge of the second left compression zone (as in annotated Fig. 14 – c below), wherein a first amount of compression (i.e. of the first zone having modulus 1) is less than the third amount of compression (due to its higher modulus than that of the first zone having modulus 1).
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As embodied in para 44 and in relation to the embodiment of Figs. 18-22: Reilly further teaches “greater support (i.e., a higher compressive modulus Modulus 3) may be provided in the waistband area or waistband 130 to replicate or approximate” a “hugged feeling” (para 44).
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 Reilly claim 20 upper torso garment such that it is provided with a third compression zone on the front side, the third compression zone having a third amount of compression and a third fabric weight, wherein the third compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below both the right and left breast areas, the third compression zone is below both the second left compression zone and the second right compression zone and extends in width at least between a bottom edge of the second right compression zone and a bottom edge of the second left compression zone; the first amount of compression is less than the third amount of compression, as in Reilly Fig. 14, in order to replicate and/or approximate a hugged feeling about a wearer’s torso, as suggested by Reilly (para 44).
Reilly claim 20 does not expressly disclose wherein the first right compression zone is directly or indirectly joined to the second right compression zone by a first seamless transition, the first left compression zone is directly or indirectly joined to the second left compression zone by a second seamless transition, the second right compression zone and the second left compression zone are both directly or indirectly joined to the third compression zone by a third seamless transition;
However and in further view of Reilly:
Reilly as embodied in para 40 teaches “seamless transitions 1015, 1025 between compression zones 300 may be formed by alternating bands (e.g., 3 bands) of fabric from each of the adjoining compression zones 300” (para 40).
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 Reilly claim 20 upper torso garment such that the first right compression zone is directly or indirectly joined to the second right compression zone by a first seamless transition, the first left compression zone is directly or indirectly joined to the second left compression zone by a second seamless transition, the second right compression zone and the second left compression zone are both directly or indirectly joined to the third compression zone by a third seamless transition in order to yield the predictable result of providing a gradual transition between compression zones via the seamless transitions directly or indirectly joining the zones.
Reilly claim 20 does not expressly disclose wherein a difference between the first fabric weight and the second fabric weight or between the first fabric weight and the third fabric weight ranges from 100 grams per square meter (GSM) to 220 GSM.
However and in further view of Reilly: Reilly teaches “the weight difference between the lowest compression zone and the highest compression zone may be around 200 grams per square meter (GSM)” (para 28) and “a difference in fabric weight between the first compression zone 310 and the second compression zone 320 may be between 100 and 220 grams per square meter (GSM)” (para 31).
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 Reilly claim 20 upper torso garment such that a difference between the first fabric weight and the second fabric weight or between the first fabric weight and the third fabric weight ranges from 100 grams per square meter (GSM) to 220 GSM in order to provide the difference in compression, as suggested by Reilly (paras 28 and 31).
Reilly claim 20 does not expressly disclose wherein the first fabric weight is less than the second fabric weight and the first fabric weight is less than the third fabric weight.
Mahar teaches an engineered garment comprising plural compression zones wherein the basis weight of said zones influences the degree of compression from zone-to-zone of the garment (col. 4 lines 41-45) further wherein ““light compression” is “of a fabric weight of 120-320 grams per square meter (“gsm”), the medium compression...a fabric weight of 200-400 gsm, and the heavy compression weave to be of a fabric weight of over 300 gsm”; the paragraph spanning cols. 4-5.
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 Reilly claim 20 upper torso garment such that the first fabric weight is less than the second fabric weight and the first fabric weight is less than the third fabric weight in order to provide the first amount of compression being less than the second amount of compression and the first amount of compression less than the third amount of compression via the basis weight of the fabric provided in the first, second, and third compression zones thereof, as suggested by Mahar (col. 4 lines 41-45; the paragraph spanning cols. 4-5).
Reilly claim 20 does not expressly disclose wherein at least one of a) the first right compression zone and the first left compression zone, b) the second right compression zone and the second left compression zone, and c) the third compression zone comprises a jacquard knit stitch construction, wherein the jacquard knit stitch construction includes an elastane jacquard construction, and the elastane jacquard construction is configured to increase a density or configured to increase a fabric weight or configured to increase both a density and a fabric weight.
However and in further view of Reilly:
Reilly in relation to the claimed second compression zone (i.e. the “first compression zone” of claim 1 line 7) teaches the second compression zone comprises a jacquard knit stitch construction (“elastane jacquard” (claim 1 line 11), which is a jacquard knit stitch construction insofar as a jacquard guide bar is used to add it; claim 1 lines 8-11), wherein the jacquard knit stitch construction includes an elastane jacquard construction (claim 1 line 11), and the elastane jacquard construction is configured to increase a density (via its being added as described in claim 1 line 10 such that the density of elastane jacquard is increased via addition relative to its not being there at all) or configured to increase a fabric weight (via its being added as described in claim 1 line 10 such that the basis weight is increased via addition relative to its not being there at all) or configured to increase both a density and a fabric weight (as explained above in addressing both limitations “to increase a density” and “to increase a fabric weight”).
As stated above, the modified Reilly claim 20 garment comprises the second right compression zone and the second left compression zone.
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 Reilly claim 20 upper torso garment such that its second right compression zone and the second left compression zone comprises a jacquard knit stitch construction, wherein the jacquard knit stitch construction includes an elastane jacquard construction, and the elastane jacquard construction is configured to increase a density or configured to increase a fabric weight or configured to increase both a density and a fabric weight, as does the second compression zone of Reilly claim 20, in order to yield the greater degree of compression thereof relative to the first compression zone, as suggested by Reilly claim 1.
Regarding claim 2:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
As applied to claim 1, the modified Reilly does not meet the limitation wherein the second right compression zone and the second left compression zone meet between a medial side of the first right compression zone and a medial side of the first left compression zone.
However and in further view of Reilly:
Reilly Fig. 14 teaches a second right compression zone and a second left compression zone meet between a medial side of the first right compression zone and a medial side of the first left compression zone (see annotated Fig. 14 – d below).
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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 Reilly such that the second right compression zone and the second left compression zone meet between a medial side of the first right compression zone and a medial side of the first left compression zone in order to support for the sensitive area on either side of the breast tissue on both left and right sides of the garment including the region of the garment where the second right compression zone and the second left compression zones meet between medial sides thereof.
Regarding claim 3:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
As applied to claim 1, the modified Reilly does not meet the limitation further comprising a right side strap and a left side strap, wherein each of the right side strap and the left side strap extend from the front side to the back side.
However and in further view of Diaz:
Diaz teaches an upper torso garment 10 (“10...bra”; para 23) comprising a right side strap 22 and a left side strap 20, wherein each of the right side strap and the left side strap extend (Figs. 1-3) from a front side 18 to a back side 16.
Diaz describes the straps as “shoulder straps” (para 25).
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 Reilly such that it is further comprising a right side strap and a left side strap, wherein each of the right side strap and the left side strap extend from the front side to the back side in order to permit securement of the garment around the shoulders of the wearer, as suggested by Diaz (para 25).
Regarding claim 4:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
As applied to claim 1, the modified Reilly does not meet the limitation wherein the plurality of integrated compression zones further comprise: a fourth compression zone having a fourth amount of compression and a fourth fabric weight, wherein the fourth compression zone includes a fourth right compression zone and a fourth left compression zone, the fourth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the right breast area, the fourth right compression zone is below both the first right compression zone and the second right compression zone, extends in width at least along a lateral edge of the second right compression zone, and extends from a right front side to a right back side, and the fourth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the left breast area, the fourth left compression zone is below both the first left compression zone and the second left compression zone, extends in width at least along a lateral edge of the second left compression zone, and extends from a left front side to a left back side; wherein the fourth right compression zone is directly or indirectly joined to the lateral edge of the second right compression zone by a seamless transition and is directly or indirectly joined to a top edge of the third compression zone by a seamless transition, the fourth left compression zone is directly or indirectly joined to the lateral side of the second left compression zone by a seamless transition and is directly or indirectly joined to the top edge of the third compression zone by a seamless transition; and wherein a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fourth fabric weight.
However and in further view of Reilly:
Reilly Fig. 14 teaches a fourth compression zone having a fourth amount of compression and a fourth fabric weight, wherein the fourth compression zone includes a fourth right compression zone (see annotated Fig. 14 – e below) and a fourth left compression zone (see annotated Fig. 14 – e below), the fourth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the right breast area, the fourth right compression zone is below a first right compression zone and a second right compression zone, extends in width at least along a lateral edge of the second right compression zone, and appears to extend from a right front side (Fig. 14) to a right back side (Reilly Fig. 14 does not show any back side at the location of the identified fourth compression zone; however, the fourth right compression zone extends to a leftmost extent of the garment as drawn in Fig. 14; Reilly is modified so as to comprise a back side as in Diaz such that a person of ordinary skill would have recognized that the fourth right compression zone identified in below annotated Fig. 14 – e could extend to a right back side if a right back side were provided at that location), and the fourth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the left breast area, the fourth left compression zone is below both a first left compression zone and a second left compression zone, extends in width at least along a lateral edge of the second left compression zone, and appears to extend (in the same manner the same feature of the fourth right compression zone appears to be shown) from a left front side to a left back side (see annotated Fig. 14 – e below).
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Reilly Fig. 14 shows the modulus of the fourth right and fourth left compression zones as between “High” and “Low” (Fig. 14).
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 Reilly such that the plurality of integrated compression zones further comprise: a fourth compression zone having a fourth amount of compression and a fourth fabric weight, wherein the fourth compression zone includes a fourth right compression zone and a fourth left compression zone, the fourth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the right breast area, the fourth right compression zone is below both the first right compression zone and the second right compression zone, extends in width at least along a lateral edge of the second right compression zone, and extends from a right front side to a right back side, and the fourth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the left breast area, the fourth left compression zone is below both the first left compression zone and the second left compression zone, extends in width at least along a lateral edge of the second left compression zone, and extends from a left front side to a left back side; and wherein a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fourth fabric weight in order to yield medium compression in the region of the garment sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the right breast area and the region of the garment sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the left breast area.
Regarding the limitation wherein the fourth right compression zone is directly or indirectly joined to the lateral edge of the second right compression zone by a seamless transition and is directly or indirectly joined to a top edge of the third compression zone by a seamless transition, the fourth left compression zone is directly or indirectly joined to the lateral side of the second left compression zone by a seamless transition and is directly or indirectly joined to the top edge of the third compression zone by a seamless transition:
Reilly as embodied in para 40 teaches “seamless transitions 1015, 1025 between compression zones 300 may be formed by alternating bands (e.g., 3 bands) of fabric from each of the adjoining compression zones 300” (para 40).
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 Reilly claim 20 upper torso garment such that the fourth right compression zone is directly or indirectly joined to the lateral edge of the second right compression zone by a seamless transition and is directly or indirectly joined to a top edge of the third compression zone by a seamless transition, the fourth left compression zone is directly or indirectly joined to the lateral side of the second left compression zone by a seamless transition and is directly or indirectly joined to the top edge of the third compression zone by a seamless transition in order to yield the predictable result of providing a gradual transition between compression zones via the seamless transitions directly or indirectly joining the zones.
Regarding claim 5:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
As applied to claim 1, the modified Reilly does not meet the limitation wherein the plurality of integrated compression zones further comprise: a fifth compression zone on the front side having a fifth amount of compression and a fifth fabric weight, wherein the fifth compression zone is below the first right compression zone, the first left compression zone, the second right compression zone and the second left compression zone, and extends laterally at least between a medial edge of the first right compression zone and a medial edge of the first left compression zone; wherein the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition; and wherein a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fifth fabric weight.
However and in further view of Reilly:
Reilly Fig. 14 teaches a fifth compression zone (see annotated Fig. 14 – f below) on the front side having a fifth amount of compression and a fifth fabric weight, wherein the fifth compression zone is below a first right compression zone, a first left compression zone, a second right compression zone and a second left compression zone, and extends laterally at least between a medial edge of the first right compression zone (see annotated Fig. 14 – f below) and a medial edge of the first left compression zone (see annotated Fig. 14 – f below).
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Reilly Fig. 14 shows the modulus of the fifth compression zone as between “High” and “Low” (Fig. 14).
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 Reilly such that its plurality of integrated compression zones further comprise: a fifth compression zone on the front side having a fifth amount of compression and a fifth fabric weight, wherein the fifth compression zone is below the first right compression zone, the first left compression zone, the second right compression zone and the second left compression zone, and extends laterally at least between a medial edge of the first right compression zone and a medial edge of the first left compression zone; and wherein a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fifth fabric weight in order to yield medium compression in the region of the garment below the first right compression zone, the first left compression zone, the second right compression zone and the second left compression zone, and extends laterally at least between a medial edge of the first right compression zone and a medial edge of the first left compression zone.
Regarding the limitation wherein the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition:
Reilly as embodied in para 40 teaches “seamless transitions 1015, 1025 between compression zones 300 may be formed by alternating bands (e.g., 3 bands) of fabric from each of the adjoining compression zones 300” (para 40).
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 Reilly claim 20 upper torso garment such that the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition in order to yield the predictable result of providing a gradual transition between compression zones via the seamless transitions directly or indirectly joining the zones.
Regarding claim 6:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
As applied to claim 1, the modified Reilly does not meet the limitation wherein the plurality of integrated compression zones further comprise: a sixth compression zone having a sixth amount of compression and a sixth fabric weight, wherein the sixth compression zone includes a sixth right compression zone and a sixth left compression zone, the sixth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area, the sixth right compression zone is above a lateral edge or a top edge of the first right compression zone, and the sixth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area, the sixth left compression zone is above a lateral edge or a top edge of the first left compression zone; wherein the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition; and wherein a difference between the sixth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the sixth fabric weight.
However and in further view of Reilly:
Reilly Fig. 14 teaches a sixth compression zone having a sixth amount of compression and a sixth fabric weight, wherein the sixth compression zone includes a sixth right compression zone and a sixth left compression zone, the sixth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area, the sixth right compression zone is above a lateral edge or a top edge of the first right compression zone, and the sixth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area, the sixth left compression zone is above a lateral edge or a top edge of the first left compression zone (see annotated Fig. 14 – g below).
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Reilly further teaches the modulus in the sixth left and right compression zones is “High” (Fig. 14).
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 Reilly such that the plurality of integrated compression zones further comprise: a sixth compression zone having a sixth amount of compression and a sixth fabric weight, wherein the sixth compression zone includes a sixth right compression zone and a sixth left compression zone, the sixth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area, the sixth right compression zone is above a lateral edge or a top edge of the first right compression zone, and the sixth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area, the sixth left compression zone is above a lateral edge or a top edge of the first left compression zone; and wherein a difference between the sixth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the sixth fabric weight, in order to provide high compression in the portion of the garment sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area and sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area.
Regarding the limitation wherein the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition:
Reilly as embodied in para 40 teaches “seamless transitions 1015, 1025 between compression zones 300 may be formed by alternating bands (e.g., 3 bands) of fabric from each of the adjoining compression zones 300” (para 40).
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 Reilly claim 20 upper torso garment such that the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition in order to yield the predictable result of providing a gradual transition between compression zones via the seamless transitions directly or indirectly joining the zones.
Regarding claim 7:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 6, as set forth above.
As applied to claim 6 above, the modified Reilly does not meet the limitation further comprising a right side strap and a left side strap, each of the right side strap and the left side strap extend from the front side to the back side, the right side strap comprises the sixth right compression zone, and the left side strap comprises the sixth left compression zone.
However and in further view of Reilly:
Reilly Fig. 14 teaches further comprising a right side strap and a left side strap (as in annotated Fig. 14 – g below), the right side strap comprises the sixth right compression zone, and the left side strap comprises the sixth left compression zone.
Reilly Fig. 14 does not expressly disclose each of the right side strap and the left side strap extend from the front side to the back side.
However and in further view of Diaz:
Diaz teaches an upper torso garment 10 (“10...bra”; para 23) comprising a right side strap 22 and a left side strap 20, wherein each of the right side strap and the left side strap extend (Figs. 1-3) from a front side 18 to a back side 16.
Diaz describes the straps as “shoulder straps” (para 25).
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 Reilly such that it is further comprising a right side strap and a left side strap, each of the right side strap and the left side strap extend from the front side to the back side, the right side strap comprises the sixth right compression zone, and the left side strap comprises the sixth left compression zone in order to provide the high compression in the portion of the garment sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area and sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area in the side straps thereof and to permit securement of the garment around the shoulders of the wearer, as suggested by Diaz (para 25).
Regarding claim 8:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 6, as set forth above.
The modified Reilly further meets the limitation wherein the sixth level of compression is about the same as the second level of compression, or wherein the sixth fabric weight is about the same as the second fabric weight, or wherein the sixth level of compression is about the same as the second level of compression and the sixth fabric weight is about the same as the second fabric weight (both degrees of compression are high, and the fabric weight that provides the high compression is about the same so as to provide that degree of compression).
Regarding claim 9:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
As applied to claim 1, the modified Reilly further meets the limitation wherein at least two of a) the first right compression zone and the first left compression zone, b) the second right compression zone and the second left compression zone, and c) the third compression zone include the jacquard knit stitch construction.
(both two of second right compression zone and second left compression zone include the jacquard knit stitch construction; see above treatment of claim 1)
Regarding claim 10:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
As applied to claim 1, the modified Reilly does not meet the limitation wherein the a) the first right compression zone and the first left compression zone each include the jacquard knit stitch construction.
However and in further view of Reilly:
Reilly as embodied in claim 5 teaches an “amount of...elastane jacquard added in the first knit stitch construction” is “greater than an amount of...elastane jacquard added in the second knit construction” (claim 5) wherein the first knit stitch construction is of a first compression zone and the second knit stitch construction is of a second compression zone, the first amount of compression greater than the second amount of compression (claim 1).
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 Reilly such that a) the first right compression zone and the first left compression zone each include the jacquard knit stitch construction in order to provide a degree of compression to the first right and first left compression zones via the amount of jacquard knit stitch construction provided therein, as suggested by Reilly (claim 5).
Regarding claim 11:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
As applied to claim 1, the modified Reilly further meets the limitation wherein b) the second right compression zone, the second left compression zone each include the jacquard knit stitch construction (see above treatment of claim 1).
As applied to claim 1, the modified Reilly does not meet the limitation wherein b) the second right compression zone, the second left compression zone, and c) the third compression zone each include the jacquard knit stitch construction
However and in further view of Reilly:
Reilly as embodied in claim 5 teaches an “amount of...elastane jacquard added in the first knit stitch construction” is “greater than an amount of...elastane jacquard added in the second knit construction” (claim 5) wherein the first knit stitch construction is of a first compression zone and the second knit stitch construction is of a second compression zone, the first amount of compression greater than the second amount of compression (claim 1).
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 Reilly such that the second right compression zone, the second left compression zone, and c) the third compression zone each include the jacquard knit stitch construction in order to provide a degree of compression to the third compression zone via the amount of jacquard knit stitch construction provided therein, as suggested by Reilly (claim 5).
Regarding claim 12:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 4, as set forth above.
As applied to claim 1, the modified Reilly further meets the limitation wherein b) the second right compression zone, the second left compression zone each include the jacquard knit stitch construction (see above treatment of claim 1).
As applied to claim 4, the modified Reilly does not meet the limitation wherein the second right compression zone, the second left compression zone, the third compression zone, the fourth right compression zone, and the fourth left compression zone each include the jacquard knit stitch construction.
However and in further view of Reilly:
Reilly as embodied in claim 5 teaches an “amount of...elastane jacquard added in the first knit stitch construction” is “greater than an amount of...elastane jacquard added in the second knit construction” (claim 5) wherein the first knit stitch construction is of a first compression zone and the second knit stitch construction is of a second compression zone, the first amount of compression greater than the second amount of compression (claim 1).
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 Reilly such that the second right compression zone, the second left compression zone, the third compression zone, the fourth right compression zone, and the fourth left compression zone each include the jacquard knit stitch construction in order to provide a degree of compression to the third compression zone and the fourth right and left compression zones via the amount of jacquard knit stitch construction provided therein, as suggested by Reilly (claim 5).
Regarding claim 13:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 5, as set forth above.
As applied to claim 5, the modified Reilly further meets the limitation wherein b) the second right compression zone, the second left compression zone each include the jacquard knit stitch construction (see above treatment of claim 1).
As applied to claim 5, the modified Reilly does not meet the limitation wherein the second right compression zone, the second left compression zone, the third compression zone, the fourth right compression zone, and the fourth left compression zone, and the fifth compression zone each include the jacquard knit stitch construction.
However and in further view of Reilly:
Reilly as embodied in claim 5 teaches an “amount of...elastane jacquard added in the first knit stitch construction” is “greater than an amount of...elastane jacquard added in the second knit construction” (claim 5) wherein the first knit stitch construction is of a first compression zone and the second knit stitch construction is of a second compression zone, the first amount of compression greater than the second amount of compression (claim 1).
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 Reilly such that the second right compression zone, the second left compression zone, the third compression zone, the fourth right compression zone, and the fourth left compression zone, and the fifth compression zone each include the jacquard knit stitch construction in order to provide a degree of compression to the third compression zone and the fourth right and left compression zones, and the fifth compression zone via the amount of jacquard knit stitch construction provided therein, as suggested by Reilly (claim 5).
Regarding claim 14:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 6, as set forth above.
As applied to claim 6, the modified Reilly further meets the limitation wherein b) the second right compression zone, the second left compression zone each include the jacquard knit stitch construction (see above treatment of claim 1).
As applied to claim 5, the modified Reilly does not meet the limitation wherein each of the second right compression zone, the second left compression zone, the third compression zone, the fourth right compression zone, the fourth left compression zone, the fifth compression zone, the sixth right compression zone, and the sixth left compression zone each include the jacquard knit stitch construction.
However and in further view of Reilly:
Reilly as embodied in claim 5 teaches an “amount of...elastane jacquard added in the first knit stitch construction” is “greater than an amount of...elastane jacquard added in the second knit construction” (claim 5) wherein the first knit stitch construction is of a first compression zone and the second knit stitch construction is of a second compression zone, the first amount of compression greater than the second amount of compression (claim 1).
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 Reilly such that the third compression zone, the fourth right compression zone, the fourth left compression zone, the fifth compression zone, the sixth right compression zone, and the sixth left compression zone each include the jacquard knit stitch construction in order to provide a degree of compression to the third compression zone and the fourth right and left compression zones, and the fifth compression zone and the sixth right and left compression zones via the amount of jacquard knit stitch construction provided therein, as suggested by Reilly (claim 5).
Regarding claim 16:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
Reilly further discloses wherein the upper torso garment is a bra (claim 20).
Regarding claim 17:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
Reilly further discloses wherein the upper torso garment is a top (claim 20 where it is noted that a bra is a top).
Regarding claim 18:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
Reilly does not expressly disclose wherein the garment is a shirt.
However and in further view of Reilly:
Reilly para 38 teaches “the engineered knitted garment of the present application may be any garment such as a bra, top ,shirt, jacket,...etc.”.
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 Reilly such that the garment is a shirt in order to yield the predictable result of a garment having degrees of compression that is appropriate for a wearer who prefers to wear a shirt instead of a bra to provide those degrees of compression.
Regarding claim 19:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
Reilly does not expressly disclose wherein the garment is a jacket.
However and in further view of Reilly:
Reilly para 38 teaches “the engineered knitted garment of the present application may be any garment such as a bra, top ,shirt, jacket,...etc.”.
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 Reilly such that the garment is a jacket in order to yield the predictable result of a garment having degrees of compression that is appropriate for a wearer who prefers to wear a shirt instead of a bra to provide those degrees of compression.
Regarding claim 20:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 4, as set forth above.
As applied to claim 4, the modified Reilly does not meet the limitation wherein the plurality of integrated compression zones further comprise:a fifth compression zone on the front side having a fifth amount of compression and a fifth fabric weight, wherein the fifth compression zone is below the first right compression zone, the first left compression zone, the second right compression zone and the second left compression zone, and extends laterally at least between a medial edge of the first right compression zone and a medial edge of the first left compression zone; wherein the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition; and wherein a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fifth fabric weight; and a sixth compression zone having a sixth amount of compression and a sixth fabric weight, wherein the sixth compression zone includes a sixth right compression zone and a sixth left compression zone, the sixth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area, the sixth right compression zone is above a lateral edge or a top edge of the first right compression zone, and the sixth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area, the sixth left compression zone is above a lateral edge or a top edge of the first left compression zone; wherein the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition; and wherein a difference between the sixth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the sixth fabric weight.
However and in further view of Reilly:
Reilly Fig. 14 teaches a fifth compression zone (see annotated Fig. 14 – f below) on the front side having a fifth amount of compression and a fifth fabric weight, wherein the fifth compression zone is below a first right compression zone, a first left compression zone, a second right compression zone and a second left compression zone, and extends laterally at least between a medial edge of the first right compression zone (see annotated Fig. 14 – f below) and a medial edge of the first left compression zone (see annotated Fig. 14 – f below).
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Reilly Fig. 14 shows the modulus of the fifth compression zone as between “High” and “Low” (Fig. 14).
In addition, Reilly Fig. 14 teaches a sixth compression zone having a sixth amount of compression and a sixth fabric weight, wherein the sixth compression zone includes a sixth right compression zone and a sixth left compression zone, the sixth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area, the sixth right compression zone is above a lateral edge or a top edge of the first right compression zone, and the sixth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area, the sixth left compression zone is above a lateral edge or a top edge of the first left compression zone (see annotated Fig. 14 – g below).
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Reilly further teaches the modulus in the sixth left and right compression zones is “High” (Fig. 14).
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 Reilly such that its plurality of integrated compression zones further comprise: a fifth compression zone on the front side having a fifth amount of compression and a fifth fabric weight, wherein the fifth compression zone is below the first right compression zone, the first left compression zone, the second right compression zone and the second left compression zone, and extends laterally at least between a medial edge of the first right compression zone and a medial edge of the first left compression zone; and wherein a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fifth fabric weight in order to yield medium compression in the region of the garment below the first right compression zone, the first left compression zone, the second right compression zone and the second left compression zone, and extends laterally at least between a medial edge of the first right compression zone and a medial edge of the first left compression zone.
Regarding the limitation wherein the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition:
Reilly as embodied in para 40 teaches “seamless transitions 1015, 1025 between compression zones 300 may be formed by alternating bands (e.g., 3 bands) of fabric from each of the adjoining compression zones 300” (para 40).
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 Reilly claim 20 upper torso garment such that the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition in order to yield the predictable result of providing a gradual transition between compression zones via the seamless transitions directly or indirectly joining the zones.
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 Reilly such that the plurality of integrated compression zones further comprise: a sixth compression zone having a sixth amount of compression and a sixth fabric weight, wherein the sixth compression zone includes a sixth right compression zone and a sixth left compression zone, the sixth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area, the sixth right compression zone is above a lateral edge or a top edge of the first right compression zone, and the sixth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area, the sixth left compression zone is above a lateral edge or a top edge of the first left compression zone; and wherein a difference between the sixth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the sixth fabric weight, in order to provide high compression in the portion of the garment sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area and sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area.
Regarding the limitation wherein the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition:
Reilly as embodied in para 40 teaches “seamless transitions 1015, 1025 between compression zones 300 may be formed by alternating bands (e.g., 3 bands) of fabric from each of the adjoining compression zones 300” (para 40).
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 Reilly claim 20 upper torso garment such that the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition in order to yield the predictable result of providing a gradual transition between compression zones via the seamless transitions directly or indirectly joining the zones.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Reilly, US 2021/0059864], [Diaz, US 2018/0320297], and [Mahar, US 9,730,476] as applied to claim 1 above, and further in view of [Rabensdorf, US 2,117,103].
Regarding claim 15:
Reilly in view of Diaz and Mahar teach The upper torso garment of claim 1, as set forth above.
Reilly does not expressly disclose further comprising a lower torso portion that is sized and shaped to cover at least a hip area and front pelvic area of a wearer.
However, Rabensdorf teaches an upper torso garment (“GARMENT”; title) comprising a lower torso portion that is sized and shaped to cover at least a hip area and front pelvic area of a wearer (p. 1 lines 23-25; Figs. 1-2.
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 Reilly such that it is further comprising a lower torso portion that is sized and shaped to cover at least a hip area and front pelvic area of a wearer in order to yield a garment that is capable of covering and/or protecting a wearer’s lower torso, hip area, and front pelvic area.
Claim(s) 1-14, 16-17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A] in view of [Barnes, US 2016/0353810], and [Mahar, US 9,730,476, cited by Applicant on the IDS of 05/28/2025].
Regarding claim 1:
Ishida discloses (Figs. 8-9):
a single engineered warp knitted (“warp knitted”; claim 1) component A (i.e. “knitted...fabric A”; p. 4) the having a plurality of integrated compression zones (“expressed by shading, the darker portion indicates the portion with the stronger stretch force”; 4th paragraph of p. 6), the plurality of integrated compression zones including a first compression zone (see annotated Figs. 8-9 – a below), the first compression zone having a first amount of compression (correspondent to its shading) and a first fabric weight (as a result of the yarn(s) thereof); a second compression zone (see annotated Figs. 8-9 – a below), the second compression zone having a second amount of compression (correspondent to its shading) and a second fabric weight (as a result of the yarn(s) thereof); a third compression zone, the third compression zone having a third amount of compression (correspondent to its shading) and a third fabric weight (as a result of the yarn(s) thereof); wherein the first amount of compression is less than the second amount of compression (as evidenced by the second compression zone being of darker shading than the first compression zone) and the first amount of compression is less than the third amount of compression (as evidenced by the third compression zone being of darker shading than the first compression zone); and wherein at least one of a) the first compression zone, b) the second compression zone, and c) the third compression zone comprises a jacquard knit stitch construction (the jacquard knit stitch construction comprising the yarns Y1, Y2, Y3, and Y4; Figs. 8-9), wherein the jacquard knit stitch construction includes an elastane (“elastic...yarns...polyurethane...core”; p. 7 line 13) jacquard construction, and the elastane jacquard construction is configured to increase a density (i.e. a density of elastane insofar as the density of elastane is increased relative to its not being present) or configured to increase a fabric weight (i.e. the weight of the fabric within the zone insofar as the weight of the fabric is increased relative to the elastane not being present) or configured to increase both a density and a fabric weight (as explained above in addressing “to increase a density” and “to increase a fabric weight”).
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Ishida Figs. 8-9 does not teach An upper torso garment, comprising:a front side and a rear side, wherein the front side is sized and shaped to cover an area corresponding to a front portion of a wearer's upper torso, the rear side is sized and shaped to cover an area corresponding to a rear portion of a wearer's upper torso, and the front and rear sides comprise a single engineered warp knitted component having a plurality of integrated compression zones, the plurality of integrated compression zones including a first compression zone on the front side, the first compression zone having a first amount of compression and a first fabric weight, wherein the first compression zone includes a first right compression zone and a first left compression zone, the first right compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's right breast, the first left compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's left breast; a second compression zone on the front side, the second compression zone having a second amount of compression and a second fabric weight, wherein the second compression zone includes a second right compression zone and a second left compression zone, the second right compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the right breast area and the second right compression zone extends in width at least along a bottom edge of the first right compression zone, the second left compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the left breast area and the second left compression zone extends at least along a bottom edge of the first left compression zone; a third compression zone on the front side, the third compression zone having a third amount of compression and a third fabric weight. wherein the third compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below both the right and left breast areas, the third compression zone is below both the second left compression zone and the second right compression zone and extends in width at least between a bottom edge of the second right compression zone and a bottom edge of the second left compression zone;
However, Ishida Fig. 13 teaches an upper torso garment (“brassiere shown in FIG. 13”; p. 7 line 1) comprising a single engineered warp knitted component A (p. 7 line 1).
Although Ishida does not expressly disclose the levels of shading shown in Fig. 13 are correspondent to degrees of compression, Ishida does teach that the embodiments of Figs. 5-7, 9, and 11 are provided such that “the difference in stretch force is expressed by shading, and the darker portion indicates the portion with stronger stretch force” (4th paragraph of p. 6).
Accordingly, Ishida Fig. 13 teaches apparent compression zones as follows:
Ishida Fig. 13 teaches:
a front side (see annotated Fig. 13 – a below; for the purpose of clarity, only the rear side is identified in the annotated figure; the front side is the side that is not the rear side) and a rear side (see annotated Fig. 13 – a below), wherein the front side is sized and shaped to cover an area corresponding to a front portion of a wearer's upper torso (“bust”; 1st paragraph of p. 7), the rear side is sized and shaped to cover an area corresponding to a rear portion of a wearer's upper torso (16 is for “brassiere fastening” (1st paragraph of p. 7) such that the rear side identified hereinbelow is sized and shaped to cover an area corresponding to a rear portion of a wearer’s upper torso), and the front and rear sides comprise a single engineered warp knitted component A having a plurality of apparent integrated compression zones, the plurality of integrated compression zones including a first apparent compression zone on the front side (see annotated Fig. 13 – a below), the first compression zone having a first amount of compression and a first fabric weight, wherein the first compression zone includes a first right compression zone (see annotated Fig. 13 – a below) and a first left compression zone (see annotated Fig. 13 – a below), the first right compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's right breast, the first left compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's left breast; a second apparent compression zone on the front side, the second compression zone having a second amount of compression and a second fabric weight, wherein the second compression zone includes a second right compression zone (see annotated Fig. 13 – a below) and a second left compression zone (see annotated Fig. 13 – a below), the second right compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the right breast area and the second right compression zone extends in width at least along a bottom edge (see annotated Fig. 13 – a below) of the first right compression zone, the second left compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the left breast area and the second left compression zone extends at least along a bottom edge (see annotated Fig. 13 – a below) of the first left compression zone; a third apparent compression zone (see annotated Fig. 13 – a below) on the front side, the third compression zone having a third amount of compression and a third fabric weight wherein the third compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below both the right and left breast areas, the third compression zone is below both the second left compression zone and the second right compression zone and extends in width at least between a bottom edge (see annotated Fig. 13 – a below) of the second right compression zone and a bottom edge (see annotated Fig. 13 – a below) of the second left compression zone; wherein the first amount of compression appears to be less than the second amount of compression and the first amount of compression appears to be less than the third amount of compression (owing to the relative shading of the zones).
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Ishida further teaches the arrangement of Fig. 13 is configured such that “a favorable bust-up function can be exhibited”; 1st paragraph of p. 7.
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 single engineered warp knitted component of Ishida Figs. 8-9 such that it is provided in a bra as in Fig. 13, thereby yielding An upper torso garment, comprising: a front side and a rear side, wherein the front side is sized and shaped to cover an area corresponding to a front portion of a wearer's upper torso, the rear side is sized and shaped to cover an area corresponding to a rear portion of a wearer's upper torso, and the front and rear sides comprise a single engineered warp knitted component having a plurality of integrated compression zones, the plurality of integrated compression zones including a first compression zone on the front side, the first compression zone having a first amount of compression and a first fabric weight, wherein the first compression zone includes a first right compression zone and a first left compression zone, the first right compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's right breast, the first left compression zones includes a region sized and shaped to cover at least a portion of an area corresponding to a wearer's left breast; a second compression zone on the front side, the second compression zone having a second amount of compression and a second fabric weight, wherein the second compression zone includes a second right compression zone and a second left compression zone, the second right compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the right breast area and the second right compression zone extends in width at least along a bottom edge of the first right compression zone, the second left compression zone includes a region sized and shaped to cover an area corresponding to a portion of a wearer's upper torso below the left breast area and the second left compression zone extends at least along a bottom edge of the first left compression zone; a third compression zone on the front side, the third compression zone having a third amount of compression and a third fabric weight. wherein the third compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below both the right and left breast areas, the third compression zone is below both the second left compression zone and the second right compression zone and extends in width at least between a bottom edge of the second right compression zone and a bottom edge of the second left compression zone and wherein the first right compression zone and the first left compression zone, the second right compression zone and the second left compression zone, and the third compression zone comprises a jacquard knit stitch construction, wherein the jacquard knit stitch construction includes an elastane jacquard construction, and the elastane jacquard construction is configured to increase a density or configured to increase a fabric weight or configured to increase both a density and a fabric weight, in order to yield an upper torso garment that is capable of providing a bust-up function via the arrangement of the compression zones thereof, as suggested by Ishida (Fig. 13; the 1st paragraph of p. 7).
Ishida Figs. 8-9 does not expressly disclose wherein the first right compression zone is directly or indirectly joined to the second right compression zone by a first seamless transition, the first left compression zone is directly or indirectly joined to the second left compression zone by a second seamless transition, the second right compression zone and the second left compression zone are both directly or indirectly joined to the third compression zone by a third seamless transition;
Barnes teaches a “KNIT BRA” (Title) wherein “Reduced chaff is achieved...through seamless transition between various zones of differing fabric properties” (para 59).
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 Ishida such that the first right compression zone is directly or indirectly joined to the second right compression zone by a first seamless transition, the first left compression zone is directly or indirectly joined to the second left compression zone by a second seamless transition, the second right compression zone and the second left compression zone are both directly or indirectly joined to the third compression zone by a third seamless transition in order to reduce chaffing, as suggested by Barnes (para 59).
Ishida does not expressly disclose wherein a difference between the first fabric weight and the second fabric weight or between the first fabric weight and the third fabric weight ranges from 100 grams per square meter (GSM) to 220 GSM, and wherein the first fabric weight is less than the second fabric weight and the first fabric weight is less than the third fabric weight
However, Mahar teaches a garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4 and 5) as 280 GSM (one zone can be as low as 120 gsm and another can be as high as 400 gsm i.e.: “light compression… 120…gsm…medium compression…400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range. Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone of the garment (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered as a results effective variable such that one of ordinary skill could have arrived at the claimed range values, especially through the teaching of Mahar, through routine experimentation in order to provide desired amount of compression of the various zones of the garment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the modified Ishida such that a difference between the first fabric weight and the second fabric weight or between the first fabric weight and the third fabric weight ranges from 100 grams per square meter (GSM) to 220 GSM, and wherein the first fabric weight is less than the second fabric weight and the first fabric weight is less than the third fabric weight in order to yield a garment whose second compression zone affords a greater relative degree of compression relative to the lesser compression of its first zone and whose third compression zone affords a greater relative degree of compression relative to the lesser compression of its first zone wherein said greater relative degrees of compression are preferable to at least some users thereof.
Regarding claim 2:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the second right compression zone and the second left compression zone meet between a medial side of the first right compression zone and a medial side of the first left compression zone.
(The single engineered warp knitted component of Ishida Figs. 8-9 such that it is provided in a bra as in Fig. 13; see above treatment of claim 1; in Ishida Fig. 13, the second right compression zone and the second left compression zone meet between a medial side of the first right compression zone and a medial side of the first left compression zone; see annotated Fig. 13 – b below.)
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Regarding claim 3:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation further comprising a right side strap and a left side strap, wherein each of the right side strap and the left side strap extend from the front side to the back side.
(The single engineered warp knitted component of Ishida Figs. 8-9 such that it is provided in a bra as in Fig. 13; see above treatment of claim 1; in Ishida Fig. 13, the garment is further comprising a right side strap and a left side strap, wherein each of the right side strap and the left side strap extend from the front side to the back side; see annotated Fig. 13 – c below.)
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Regarding claim 4:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the plurality of integrated compression zones further comprise: a fourth compression zone having a fourth amount of compression and a fourth fabric weight, wherein the fourth compression zone includes a fourth right compression zone and a fourth left compression zone, the fourth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the right breast area, the fourth right compression zone is below both the first right compression zone and the second right compression zone, extends in width at least along a lateral edge of the second right compression zone, and extends from a right front side to a right back side, and the fourth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front torso below the left breast area, the fourth left compression zone is below both the first left compression zone and the second left compression zone, extends in width at least along a lateral edge of the second left compression zone, and extends from a left front side to a left back side.
(The single engineered warp knitted component of Ishida Figs. 8-9 such that it is provided in a bra as in Fig. 13; see above treatment of claim 1; in Ishida Fig. 13, the garment is further comprising a fourth compression zone; see annotated Fig. 13 – d below.)
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Ishida does not expressly disclose wherein the fourth right compression zone is directly or indirectly joined to the lateral edge of the second right compression zone by a seamless transition and is directly or indirectly joined to a top edge of the third compression zone by a seamless transition, the fourth left compression zone is directly or indirectly joined to the lateral side of the second left compression zone by a seamless transition and is directly or indirectly joined to the top edge of the third compression zone by a seamless transition; and wherein a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fourth fabric weight.
Barnes teaches a “KNIT BRA” (Title) wherein “Reduced chaff is achieved...through seamless transition between various zones of differing fabric properties” (para 59).
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 Ishida such the fourth right compression zone is directly or indirectly joined to the lateral edge of the second right compression zone by a seamless transition and is directly or indirectly joined to a top edge of the third compression zone by a seamless transition, the fourth left compression zone is directly or indirectly joined to the lateral side of the second left compression zone by a seamless transition and is directly or indirectly joined to the top edge of the third compression zone by a seamless transition in order to reduce chaffing, as suggested by Barnes (para 59).
Mahar teaches a garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4 and 5) as 280 GSM (one zone can be as low as 120 gsm and another can be as high as 400 gsm i.e.: “light compression… 120…gsm…medium compression…400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range. Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone of the garment (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered as a results effective variable such that one of ordinary skill could have arrived at the claimed range values, especially through the teaching of Mahar, through routine experimentation in order to provide desired amount of compression of the various zones of the garment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the modified Ishida such that a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fourth fabric weight in order to yield a garment whose fourth compression zone affords a greater relative degree of compression relative to the lesser compression of its first zone said greater relative degree of compression is preferable to at least some users thereof.
Regarding claim 5:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the plurality of integrated compression zones further comprise: a fifth compression zone on the front side having a fifth amount of compression and a fifth fabric weight, wherein the fifth compression zone is below the first right compression zone, the first left compression zone, the second right compression zone and the second left compression zone, and extends laterally at least between a medial edge of the first right compression zone and a medial edge of the first left compression zone.
(The single engineered warp knitted component of Ishida Figs. 8-9 such that it is provided in a bra as in Fig. 13; see above treatment of claim 1; in Ishida Fig. 13, the garment is further comprising a fifth compression zone; see annotated Fig. 13 – e below.)
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Ishida does not expressly disclose wherein the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition; and wherein a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fifth fabric weight.
Barnes teaches a “KNIT BRA” (Title) wherein “Reduced chaff is achieved...through seamless transition between various zones of differing fabric properties” (para 59).
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 Ishida such the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition in order to reduce chaffing, as suggested by Barnes (para 59).
Mahar teaches a garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4 and 5) as 280 GSM (one zone can be as low as 120 gsm and another can be as high as 400 gsm i.e.: “light compression… 120…gsm…medium compression…400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range. Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone of the garment (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered as a results effective variable such that one of ordinary skill could have arrived at the claimed range values, especially through the teaching of Mahar, through routine experimentation in order to provide desired amount of compression of the various zones of the garment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the modified Ishida such that a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fifth fabric weight in order to yield a garment whose fifth compression zone affords a greater relative degree of compression relative to the lesser compression of its first zone said greater relative degree of compression is preferable to at least some users thereof.
Regarding claim 6:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the plurality of integrated compression zones further comprise: a sixth compression zone having a sixth amount of compression and a sixth fabric weight, wherein the sixth compression zone includes a sixth right compression zone and a sixth left compression zone, the sixth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area, the sixth right compression zone is above a lateral edge or a top edge of the first right compression zone, and the sixth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area, the sixth left compression zone is above a lateral edge or a top edge of the first left compression zone.
(The single engineered warp knitted component of Ishida Figs. 8-9 such that it is provided in a bra as in Fig. 13; see above treatment of claim 1; in Ishida Fig. 13, the garment is further comprising a sixth compression zone; see annotated Fig. 13 – f below.)
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Ishida does not expressly disclose wherein the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition; and wherein a difference between the sixth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the sixth fabric weight.
Barnes teaches a “KNIT BRA” (Title) wherein “Reduced chaff is achieved...through seamless transition between various zones of differing fabric properties” (para 59).
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 Ishida such that the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition in order to reduce chaffing, as suggested by Barnes (para 59).
Mahar teaches a garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4 and 5) as 280 GSM (one zone can be as low as 120 gsm and another can be as high as 400 gsm i.e.: “light compression… 120…gsm…medium compression…400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range. Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone of the garment (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered as a results effective variable such that one of ordinary skill could have arrived at the claimed range values, especially through the teaching of Mahar, through routine experimentation in order to provide desired amount of compression of the various zones of the garment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the modified Ishida such that a difference between the sixth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the sixth fabric weight in order to yield a garment whose sixth compression zone affords a greater relative degree of compression relative to the lesser compression of its first zone wherein said greater relative degree of compression is preferable to at least some users thereof.
Regarding claim 7:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 6, as set forth above.
The modified Ishida further meets the limitation further comprising a right side strap and a left side strap, each of the right side strap and the left side strap extend from the front side to the back side, the right side strap comprises the sixth right compression zone, and the left side strap comprises the sixth left compression zone (as evidenced in annotated Fig. 13 – f presented in above treatment of claim 6 wherein the sixth compression zone is part of a right strap and a left strap; refer to annotated Fig. 13 – f above).
Regarding claim 8:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 6, as set forth above.
The modified Ishida further meets the limitation wherein the sixth level of compression is about the same as the second level of compression, or wherein the sixth fabric weight is about the same as the second fabric weight, or wherein the sixth level of compression is about the same as the second level of compression and the sixth fabric weight is about the same as the second fabric weight.
(The single engineered warp knitted component of Ishida Figs. 8-9 such that it is provided in a bra as in Fig. 13; see above treatment of claim 1; in Ishida Fig. 13, the levels of compression and weight are about the same insofar as the shading of each is about the same; Fig. 13 of Ishida)
Regarding claim 9:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein at least two of a) the first right compression zone and the first left compression zone, b) the second right compression zone and the second left compression zone, and c) the third compression zone include the jacquard knit stitch construction (as explained in above addressing of claim 1).
Regarding claim 10:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the a) the first right compression zone and the first left compression zone each include the jacquard knit stitch construction (as explained in above addressing of claim 1).
Regarding claim 11:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein b) the second right compression zone, the second left compression zone, and c) the third compression zone each include the jacquard knit stitch construction (as explained in above addressing of claim 1).
Regarding claim 12:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 4, as set forth above.
The modified Ishida further meets the limitation wherein the second right compression zone, the second left compression zone, the third compression zone, the fourth right compression zone, and the fourth left compression zone each include the jacquard knit stitch construction (as explained in above addressing of claims 1 and 4).
Regarding claim 13:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 5, as set forth above.
The modified Ishida further meets the limitation wherein each of the second right compression zone, the second left compression zone, the third compression zone, the fourth right compression zone, the fourth left compression zone, and the fifth compression zone each include the jacquard knit stitch construction (as explained in above addressing of claim 5).
Regarding claim 14:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 6, as set forth above.
The modified Ishida further meets the limitation wherein each of the second right compression zone, the second left compression zone, the third compression zone, the fourth right compression zone, the fourth left compression zone, the fifth compression zone, the sixth right compression zone, and the sixth left compression zone each include the jacquard knit stitch construction (as explained in above addressing of claim 6).
Regarding claim 16:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the upper torso garment is a bra (as explained in above addressing of claim 1).
Regarding claim 17:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the upper torso garment is a top (as explained in above addressing of claim 1, wherein it is noted that a brassiere is a top).
Regarding claim 20:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 4, as set forth above.
The modified Ishida further meets the limitation wherein the plurality of integrated compression zones further comprise: a fifth compression zone on the front side having a fifth amount of compression and a fifth fabric weight, wherein the fifth compression zone is below the first right compression zone, the first left compression zone, the second right compression zone and the second left compression zone, and extends laterally at least between a medial edge of the first right compression zone and a medial edge of the first left compression zone.
(The single engineered warp knitted component of Ishida Figs. 8-9 such that it is provided in a bra as in Fig. 13; see above treatment of claim 1; in Ishida Fig. 13, the garment is further comprising a fifth compression zone; see annotated Fig. 13 – e below.)
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Ishida does not expressly disclose wherein the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition; and wherein a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fifth fabric weight.
Barnes teaches a “KNIT BRA” (Title) wherein “Reduced chaff is achieved...through seamless transition between various zones of differing fabric properties” (para 59).
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 Ishida such the fifth compression zone is directly or indirectly joined to the medial side of the first right compression zone by a seamless transition and is directly or indirectly joined to the medial side of the first left compression zone by a seamless transition in order to reduce chaffing, as suggested by Barnes (para 59).
Mahar teaches a garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4 and 5) as 280 GSM (one zone can be as low as 120 gsm and another can be as high as 400 gsm i.e.: “light compression… 120…gsm…medium compression…400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range. Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone of the garment (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered as a results effective variable such that one of ordinary skill could have arrived at the claimed range values, especially through the teaching of Mahar, through routine experimentation in order to provide desired amount of compression of the various zones of the garment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the modified Ishida such that a difference between the fourth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the fifth fabric weight in order to yield a garment whose fifth compression zone affords a greater relative degree of compression relative to the lesser compression of its first zone said greater relative degree of compression is preferable to at least some users thereof.
The modified Ishida further meets the limitation wherein the plurality of integrated compression zones further comprise: a sixth compression zone having a sixth amount of compression and a sixth fabric weight, wherein the sixth compression zone includes a sixth right compression zone and a sixth left compression zone, the sixth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the right breast area, the sixth right compression zone is above a lateral edge or a top edge of the first right compression zone, and the sixth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front shoulder above the left breast area, the sixth left compression zone is above a lateral edge or a top edge of the first left compression zone.
(The single engineered warp knitted component of Ishida Figs. 8-9 such that it is provided in a bra as in Fig. 13; see above treatment of claim 1; in Ishida Fig. 13, the garment is further comprising a sixth compression zone; see annotated Fig. 13 – f below.)
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Ishida does not expressly disclose wherein the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition; and wherein a difference between the sixth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the sixth fabric weight.
Barnes teaches a “KNIT BRA” (Title) wherein “Reduced chaff is achieved...through seamless transition between various zones of differing fabric properties” (para 59).
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 Ishida such that the sixth right compression zone is directly or indirectly joined to the lateral edge or the top edge of the first right compression zone by a seamless transition, the sixth left compression zone is directly or indirectly joined to the lateral edge or the top edge of the first left compression zone by a seamless transition in order to reduce chaffing, as suggested by Barnes (para 59).
Mahar teaches a garment wherein a between-zone basis weight difference is disclosed (at the paragraph spanning cols. 4 and 5) as 280 GSM (one zone can be as low as 120 gsm and another can be as high as 400 gsm i.e.: “light compression… 120…gsm…medium compression…400 gsm”); accordingly Mahar teaches a range that overlaps the claimed range. Mahar further teaches the basis weight of said zones influences the degree of compression from zone-to-zone of the garment (col. 4 lines 41-45).
Because Mahar is concerned with degree of compression of a garment comprising plural zones, the claimed range of difference in basis weight is considered as a results effective variable such that one of ordinary skill could have arrived at the claimed range values, especially through the teaching of Mahar, through routine experimentation in order to provide desired amount of compression of the various zones of the garment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the modified Ishida such that a difference between the sixth fabric weight and the first fabric weight ranges from 100 GSM to 220 GSM, wherein the first fabric weight is less than the sixth fabric weight in order to yield a garment whose sixth compression zone affords a greater relative degree of compression relative to the lesser compression of its first zone wherein said greater relative degree of compression is preferable to at least some users thereof.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A] in view of [Barnes, US 2016/0353810], and [Mahar, US 9,730,476] as applied to claim 1 above, and further in view of [Rabensdorf, US 2,117,103].
Regarding claim 15:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
Ishida does not expressly disclose further comprising a lower torso portion that is sized and shaped to cover at least a hip area and front pelvic area of a wearer.
However, Rabensdorf teaches an upper torso garment (“GARMENT”; title) comprising a lower torso portion that is sized and shaped to cover at least a hip area and front pelvic area of a wearer (p. 1 lines 23-25; Figs. 1-2.
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 Ishida such that it is further comprising a lower torso portion that is sized and shaped to cover at least a hip area and front pelvic area of a wearer in order to yield a garment that is capable of covering and/or protecting a wearer’s lower torso, hip area, and front pelvic area.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A] in view of [Barnes, US 2016/0353810], and [Mahar, US 9,730,476] as applied to claim 1 above, and further in view of [Chapin, US 8,403,724].
Regarding claim 18:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
Ishida does not expressly disclose wherein the upper torso garment is a shirt.
However, Chapin teaches a upper torso garment (“garment”; Abstract) wherein the upper torso garment is a shirt (having “sleeve portions and a body portion” in addition to a “bra” such that it is a shirt as claimed).
Chapin further teaches “The garment is wearable by a woman in a manner in which the bra provides breast support for the woman and the shirt covers the bra, and the attachment points are configured to allow the shirt to remain loose while being worn by the woman” (Abstract).
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 Ishida such that it is combined with sleeve portions and a body portion so as to yield a shirt in order to provide breast support and cover the bra, as taught by Chapin (Abstract).
Regarding claim 19:
Ishida in view of Barnes and Mahar teach The upper torso garment of claim 1, as set forth above.
Ishida does not expressly disclose wherein the upper torso garment is a jacket.
However, Chapin teaches a upper torso garment (“garment”; Abstract) wherein the upper torso garment is a shirt (having “sleeve portions and a body portion” in addition to a “bra” such that it is a jacket as claimed).
Chapin further teaches “The garment is wearable by a woman in a manner in which the bra provides breast support for the woman and the shirt covers the bra, and the attachment points are configured to allow the shirt to remain loose while being worn by the woman” (Abstract).
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 Ishida such that it is combined with sleeve portions and a body portion so as to yield a jacket in order to provide breast support and cover the bra, as taught by Chapin (Abstract).
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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