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 with traverse of Species A: Figs. 25A and 25B: a full torso garment wherein zones are present that cover the hip area, pelvic area, perennial are, and upper buttocks area; the bottom portion of the full torso garment has a thong-cut; a fourth compression zone comprising a fourth right compression zone and a fourth left compression zone is longer than the corresponding zones of Species A; a pelvic compression zone is provided in the reply filed on 07/17/2026 is acknowledged. The traversal is on the ground(s) that (see p. 11-12 of the reply of 07/17/2026):
Applicant respectfully submits that this difference between Species A and the other Species, which include many common features, would not present a serious search and examination burden.
Additionally, Applicant notes that claims 1-15 and 17-20 encompass both Species B and Species C and only claim 16 encompasses Species C alone. Species B and Species C include additional common features. For example, both Species B and Species C are referred to in the Office Action as a full torso garment, which covers at least parts of the upper torso, the mid-torso, and the lower torso of a wearer. Both Species B and Species C comprise a portion sized and shaped to cover a hip area and a front pelvic area of a wearer (see, for example, Claim 15). As another example, the Office Action (page 3) describes Species C as follows (with emphasis added):
[A] full torso garment with shorts; a front side is sized and shaped to cover an area corresponding to a front portion of a wearer's upper, mid-, and lower torso and a rear side is sized and shaped to cover an area corresponding to a rear portion of a wearer's upper, mid-, and lower torso, but as illustrated also includes shorts that cover the upper to mid-thigh; a fourth right compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front, mid-, and lower torso below the right breast area as well on hip and the side and back of the right upper to mid-thighs; a fourth left compression zone is sized and shaped to cover at least a portion of an area corresponding to a wearer's front, mid-, lower torso below the left breast area as well the hip and on the side and back of the right upper to mid-thighs; a pelvic compression zone is provided.
The above-emphasized portions of the Office Action's description of Species C can also be used, in some aspects, to describe Species B. As noted in the Office Action, one distinction between Species B and Species C is "the arrangement of the bottom portion of the garment" (page 3). However, Applicant respectfully submits that this difference between Species B and Species C, which include many common features, would not present a serious search and examination burden.
For at least these reasons, Applicant respectfully requests that the restriction requirement be withdrawn. Additionally, a restriction requirement such as the one set forth by the Office Action provides no guidance as to how Applicant can avoid a subsequent double patenting rejection in any divisional application that Applicant may wish to file in the future, should the restriction requirement not be withdrawn. The MPEP specifies that a restriction should only be advanced by an Examiner in situations that would impose an undue burden on the Office, if the examination were to proceed on all claims. Applicant understands, therefore, that if the restriction is maintained, the Office acknowledges that an "undue burden" is present because the claims in the groups are patentably distinct, such that the prior art applicable to one group is not similarly applicable to another group. Therefore, Applicant understands that any prior art applied by the Office to reject the elected claims will not be similarly applied to any unelected claims, should Applicant pursue those claims in a divisional application. Any such application of the prior art would represent examination that is inconsistent with the outstanding restriction requirement.
This is not found persuasive because there is a serious and search and/or examination burden for the patentably distinct species as set forth in the restriction requirement of 05/22/2026 (see final eleven lines of p. 3 thereof). Applicant’s specific argument that the species comprise alleged common features is fully considered but is not persuasive if only because the species are independent or distinct, as set forth in the restriction requirement of 05/22/2026 (see p. 2 line 6 – p. 3 line 9 thereof) regardless of whether the species share any alleged common feature(s), and there is a serious and search and/or examination burden for the patentably distinct species as set forth in the restriction requirement of 05/22/2026 (see final eleven lines of p. 3 thereof). Applicant’s specific argument that the “Office Action provides no guidance as to how Applicant can avoid a subsequent double patenting rejection in any divisional application” is fully considered but is not persuasive if only because the argument is not directed to one or more supposed error(s) in the election of species requirement. Applicant’s specific argument that the “if the restriction is maintained, the Office acknowledges that an "undue burden" is present because the claims in the groups are patentably distinct, such that the prior art applicable to one group is not similarly applicable to another group. Therefore, Applicant understands that any prior art applied by the Office to reject the elected claims will not be similarly applied to any unelected claims, should Applicant pursue those claims in a divisional application. Any such application of the prior art would represent examination that is inconsistent with the outstanding restriction requirement” is fully considered but is not persuasive if only because the argument is not directed to one or more supposed error(s) in the election of species requirement.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-15 and 17-20 are identified in the reply of 07/17/2026 as reading on the elected species.
Claim 16 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/17/2026.
The present Office action treats claims 1-15 and 17-20 on the merits.
The present Office action is a non-final rejection.
Drawings
The drawings are objected to because the lead line from 3006 in Fig. 25A ends within the combined second right compression zone (3004r), second left compression zone (3004l), and second middle compression zone (3004m). Para [00107] states numeral 3006 is in reference to “the third compression zone (3006)” as opposed to a second compression zone and/or component of a second compression zone.
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.
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 6-14 are each dependent from claim 5 and are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Objections
Claim 1 is 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 12: “the first left compression zones includes” should be --the first left compression zone includes--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 lines 4-5 is indefinite in reciting “the left compression zone” insofar as it is not clear whether and how “the left compression zone” further limits the first left compression zone introduced in claim 1 line 10 and/or the second left compression zone introduced in claim line 18 or is introducing a newly claimed left compression zone. For the purpose of applying art, recitation of “the left compression zone” in claim 18 is interpreted as if it reads --the first left compression zone--
Claim 20 is indefinite if only because it depends from an indefinite claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 20 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 20 recites “curved portion curving gently upwards towards a wearer’s sternum area”, which is directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by reciting the human organism functionally, for example -- curved portion configured to curve gently upwards towards a wearer’s sternum area--
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) 1-4 and 17 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 A 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, a second left compression zone, and a second middle 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 torso below the right breast area and the second right compression zone extends in width at least along a bottom 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 torso below the left breast area and the second left compression zone extends at least along a bottom of the first left compression zone, wherein the second middle compression zone includes a region sized and shaped to cover an area between the right breast area and the left breast area and connects the second left compression zone and the second right 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 first left compression zone and the first right compression zone and extends in width at least between a bottom of the second right compression zone and a bottom 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 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 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 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), a second left compression zone (see annotated Fig. 13 – a below), and a second middle 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 torso below the right breast area and the second right compression zone extends in width at least along a bottom (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 torso below the left breast area and the second left compression zone extends at least along a bottom (see annotated Fig. 13 – a below) of the first left compression zone, wherein the second middle compression zone includes a region sized and shaped to cover an area between the right breast area and the left breast area (as in annotated Fig. 13 – a below) and connects the second left compression zone and the second right compression zone (as in annotated Fig. 13 – a below); 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 and between the right and left breast areas (as in annotated Fig. 13 – a below), the third compression zone is below both the first left compression zone and the first right compression zone (as in annotated Fig. 13 – a below) and extends in width at least between a bottom (see annotated Fig. 13 – a below) of the second right compression zone and a bottom (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 A 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, a second left compression zone, and a second middle 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 torso below the right breast area and the second right compression zone extends in width at least along a bottom 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 torso below the left breast area and the second left compression zone extends at least along a bottom of the first left compression zone, wherein the second middle compression zone includes a region sized and shaped to cover an area between the right breast area and the left breast area and connects the second left compression zone and the second right 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 first left compression zone and the first right compression zone and extends in width at least between a bottom of the second right compression zone and a bottom of the second left compression zone in order to yield a 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 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 rear 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 rear side; 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 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 the bottom 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 the bottom 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 – c below, wherein it is noted the bottoms of second compression zones curve upwards towards the respective fourth compression zones such that each fourth compression zone, in curving in a similar fashion, is extending “at least along the” bottom of respective second compression zones and wherein it is further noted a portion of each fourth compression zone in at least the rear side of the garment is disposed below both first and second compression zones such that each fourth compression zone is “below both the first” respective “compression zone and the second” respective “compression zone”.)
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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 4:
Ishida in view of Barnes and Mahar teach the garment of claim 3, 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 3).
Regarding claim 17:
Ishida in view of Barnes and Mahar teach the garment of claim 1, as set forth above.
The modified Ishida further meets the limitation wherein the garment is a shaper (garment is configured to shape a bust of a wearer via its capability of providing a bust-up function as described in above addressing of claim 1 such that the modified Ishida is a shaper).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A], [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 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A], [Barnes, US 2016/0353810], and [Mahar, US 9,730,476] as applied to claim 1 above, and further in view of [Casillas, US 2022/0354189].
Regarding claim 18:
Ishida in view of Barnes and Mahar teach The garment of claim 1, as set forth above.
Ishida does not expressly disclose further comprising: a lining sized and shaped to cover at least a portion of the first right compression zone and the first left compression zone, wherein the lining is directly bonded to at least a portion of the first right compression zone and a portion of the left compression zone of the single engineered warp knitted component, optionally, wherein the lining includes a right unbonded area and left unbonded area, wherein the lining in the right unbonded area includes a slit sized and shaped to allow insertion of a first pad into the right unbonded area between the lining and the first right compression zone, wherein the lining in the left unbonded area includes a slit sized and shaped to allow insertion of a second pad into the left unbonded area between the lining and the first left compression zone.
Casillas teaches a lining 302 sized and shaped to cover at least a portion of a region sized and shaped to cover at least a portion of an area corresponding to a wearer’s right breast and a region sized and shaped to cover at least a portion of an area corresponding to a wearer’s left breast (as evidenced by its extending from armhole edge 116 to armhole edge 118, from first lateral edge 106 to second lateral edge 108 and from neckline edge 117 to bottom edge 119; para 33) of a garment 100 wherein the lining is directly bonded to (“affixing (via...bonding)”; para 67) “an inner-facing surface of the first and second breast-covering portions” (para 67) such that the lining is directly bonded to the region sized and shaped to cover at least a portion of an area corresponding to a wearer’s right breast and to the region sized and shaped to cover at least a portion of an area corresponding to a wearer’s left breast.
Casilla further teaches the lining 302 is to “provide modesty to the wearer” (para 33).
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 the modified Ishida is provided with a lining sized and shaped to cover at least a portion of the first right compression zone and the first left compression zone, wherein the lining is directly bonded to at least a portion of the first right compression zone and a portion of the left compression zone of the single engineered warp knitted component in order to provide modesty to the wearer, as suggested by Casilla (para 33).
In adopting the modification, the limitation “optionally, wherein the lining includes a right unbonded area and left unbonded area, wherein the lining in the right unbonded area includes a slit sized and shaped to allow insertion of a first pad into the right unbonded area between the lining and the first right compression zone, wherein the lining in the left unbonded area includes a slit sized and shaped to allow insertion of a second pad into the left unbonded area between the lining and the first left compression zone” would be met insofar as what follows “optionally” is an optional feature of the claim.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A], [Barnes, US 2016/0353810], and [Mahar, US 9,730,476] as applied to claim 1 above, and further in view of [Palese, US 2020/0268062].
Regarding claim 19:
Ishida in view of Barnes and Mahar teach The garment of claim 1, as set forth above.
Ishida does not expressly disclose further comprising: a first lining sized and shaped to cover at least a portion of the first right compression zone, wherein the first lining is directly bonded to at least a portion of the first right compression zone of the single engineered warp knitted component, and a second lining sized and shaped to cover at least a portion of the first left compression zone, wherein the second lining is directly bonded to at least a portion of the first left compression zone of the single engineered warp knitted component; optionally wherein the first lining includes a right unbonded area, wherein the first lining in the right unbonded area includes a slit sized and shaped to allow insertion of a first pad into the right unbonded area between the first lining and the first right compression zone, and wherein the second includes a left unbonded area, wherein the left lining in the left unbonded area includes a slit sized and shaped to allow insertion of a second pad into the left unbonded area between the lining and the first left compression zone.
However, Palese teaches a first lining 20 sized and shaped to cover at least a portion of a region corresponding to a wearer’s right breast (“where the female wearer's breast resides to add a thin sheer extra layer around the interior area of the garment where a nipple of the breast is intended to reside”; para 37) wherein the first lining is directly bonded to (“bonded to the exterior” surface of the garment “that forms an interior portion 14B of the bra front[]..., facing towards the wearer’s skin); para 48) the region corresponding to the wearer’s right breast, and a second lining sized and shaped to cover at least a portion of a region corresponding to a wearer’s left breast (“where the female wearer's breast resides to add a thin sheer extra layer around the interior area of the garment where a nipple of the breast is intended to reside”; para 37) wherein the second lining is directly bonded to the region corresponding to the wearer’s left breast (“bonded to the exterior” surface of the garment “that forms an interior portion 14B of the bra front[]..., facing towards the wearer’s skin); para 48).
Palese further teaches a lining is “to add an additional layer of fabric just over the center of the bra fronts that do not extend to the seams that hold the sections of the garment together as a modesty layer for the purpose of modesty just over the nipple area of the swimwear or intimates bra, but without adding bulk, for example, in the neckline or armhole seam” (para 35).
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 first lining sized and shaped to cover at least a portion of the first right compression zone, wherein the first lining is directly bonded to at least a portion of the first right compression zone of the single engineered warp knitted component, and a second lining sized and shaped to cover at least a portion of the first left compression zone, wherein the second lining is directly bonded to at least a portion of the first left compression zone of the single engineered warp knitted component in order to provide modesty over the nipple areas of the garment, as taught by Palese (para 35).
In adopting the modification, the limitation “optionally wherein the first lining includes a right unbonded area, wherein the first lining in the right unbonded area includes a slit sized and shaped to allow insertion of a first pad into the right unbonded area between the first lining and the first right compression zone, and wherein the second includes a left unbonded area, wherein the left lining in the left unbonded area includes a slit sized and shaped to allow insertion of a second pad into the left unbonded area between the lining and the first left compression zone” would be met insofar as what follows “optionally” is an optional feature of the claim.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Ishida, JP-2007023427-A], [Barnes, US 2016/0353810], [Mahar, US 9,730,476], and [Casillas, US 2022/0354189] as applied to claim 18 above, and further in view of [Rabinowicz, US 2002/0129434].
Regarding claim 20:
Ishida in view of Barnes, Mahar, and Casillas teach the garment of claim 18, as set forth above.
The modified Ishida does not meet the limitation wherein a lower edge of the lining is curved forming a curved portion, the curved portion curving gently upwards towards a wearer's sternum area, and wherein a neck opening edge and an arm opening edge of the single engineered warp knitted component are folded inwards and bonded to a neck opening edge and an arm opening edge of the liner.
However and in further view of Casillas and Ishida:
Casillas teaches the liner extending from armhole edge 116 to armhole edge 118, from first lateral edge 106 to second lateral edge 108 and from neckline edge 117 to bottom edge 119 (para 33).
In Ishida, an edge that is commensurate to the bottom edge described by Casillas is curved forming a curved portion, the curved portion curving gently upwards towards a wearer's sternum area (see Ishida Fig. 13).
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 a lower edge of the lining is curved forming a curved portion, the curved portion curving gently upwards towards a wearer's sternum area in order to yield the predictable result of providing modesty throughout the curved portion of the bottom edge of the garment that is covered by the liner.
Regarding the limitation wherein a neck opening edge and an arm opening edge of the single engineered warp knitted component are folded inwards and bonded to a neck opening edge and an arm opening edge of the liner.
Rabinowicz teaches edges of a knitted (para 40) component 122 are folded inwards and bonded to complementary edges of a liner 129: “on the right-hand side of FIG. 12, the edge of the panel 122 can be folded over the edge of the liner 129 such that each side edge of the liner 129 is sandwiched between opposing portions of the panel 122, and the opposing portions can be ultrasonically bonded to each other and the liner” (para 42).
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 a neck opening edge and an arm opening edge of the single engineered warp knitted component are folded inwards and bonded to a neck opening edge and an arm opening edge of the liner in order to yield the predictable result of a combined knitted component and liner whose edges are durably connected to each other in such a way that they are not readily undesirably separated from each other due to their being so folded and bonded.
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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