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 .
Terminal Disclaimer
This application was filed on or after September 16, 2012. The party identified in the terminal disclaimer is not the applicant of record.
A request under 37 CFR 1.46(c) to change the applicant needs to be filed, which is (1) a request, signed by a 1.33(b) party, (2) a corrected ADS (37 CFR 1.76(c)) that identifies the “new” applicant in the applicant information, and is underlined since it is new, and (3) a 3.73(c) statement showing chain of title to the new applicant. Along with the §1.46(c) request a Power of Attorney which gives power to the attorney who is signing the Terminal Disclaimer is needed, along with another copy of the Terminal Disclaimer, unless a Terminal Disclaimer is signed by the applicant.
The applicant cited on the Terminal Disclaimer must be cited exactly as it is cited on the ADS and/or filing receipt and also in its entirety. If more space for applicant section is required, please use smaller fonts or submit an attachment page to the Terminal Disclaimer.
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 limitation “the second strap portion is configured to tie to the first strap portion” in claim 8 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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 8 and 11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 8 recites “the second strap portion is configured to tie to the first strap portion”, which is not described in the specification and the drawings do not show the limitation. Therefore, claim 8 fails to comply with the written description requirement.
Any remaining claims are rejected as depending from a rejected base claim.
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.
Claims 5-9, 11-12 and 17 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 5 recites “the right breast cup” in line 1 and “the left breast cup” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites “the waist portion” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites “the bonding layer” in line 1. It is unclear which bonding layer the Applicant wants to refer to as there are a bonding layer of the bust portion and a bonding layer of the bottom portion.
Claim 17 recites “the internal bonding layer” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 8, 10-12 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2020/0397064) in view of Ashmore (US 2011/0016607) and DeSimone (US 2019/0350269).
Regarding claim 1, Liu teaches a garment comprising:
a bust portion (fig. 1A, a bra), comprising an inner fabric layer (fig. 5C, layer 102) including an interior surface and an exterior surface, and an outer fabric layer (fig. 5C, layer 104) including an interior surface and an exterior surface, the bust portion having a plurality of edges, wherein at least one edge is raw cut without folding or stitching when finished (fig. 5C, para. [0066], the edge is a “free cut edge” and is not subject to edge processing, such as sewing, welding or hemming at the edge, after cutting), forming a flat edge portion (fig. 5C, the edge portion formed by the layer 102 and 104 is flat) that is sealed with a bonding layer (fig. 5C, layer 128) between the interior surface of the inner fabric layer and the interior surface of the outer fabric layer,
a bottom portion (fig. 8, an underwear), a left leg opening defined by a lower left edge portion, and a right leg opening defined by a lower right edge portion (fig. 8).
Liu does not teach a swimsuit. However, Liu teaches the article of clothing may be any garment which may be worn by a wearer (para. [0046]). Moreover, “a swimsuit” is an intended use of the invention. A recitation of the intended use of the claimed invention must result in a structure difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Liu does not explicitly teach the bottom portion comprising an inner fabric layer including an interior surface and an exterior surface, and an outer fabric layer including an interior surface and an exterior surface; the lower left edge portion and the lower right edge portion being raw cut without folding or stitching when finished, forming a flat edge portion that is sealed with a bonding layer between the interior surface of the inner fabric layer and the interior surface of the outer fabric layer; and a first positioning strip formed on the exterior surface on the inner fabric layer fully underlying the sealed raw cut edge portion of the left leg opening, and a second positioning strip formed on the exterior surface of the inner fabric layer underlying the sealed raw cut edge portion of the right leg opening.
However, Liu teaches, in fig. 5C, an inner fabric layer (fig. 5C, layer 102) including an interior surface and an exterior surface, and an outer fabric layer (fig. 5C, layer 104) including an interior surface and an exterior surface; the edge portion being raw cut without folding or stitching when finished (para. [0066]), forming a flat edge portion that is sealed with a bonding layer (fig. 5C, layer 128) between the interior surface of the inner fabric layer and the interior surface of the outer fabric layer; and a positioning strip (fig. 5C, strip 144) formed on the exterior surface on the inner fabric layer fully underlying the sealed raw cut edge portion (fig. 5C).
Further, in the same field of endeavor, Ashmore teaches gripping material (fig. 1, bands 5 and 7) positioned at the inner fabric layer along the left leg opening and the right leg opening respectively.
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to modify the lower left edge portion and the lower right edge portion being raw cut and comprising a support strip as taught in fig. 5C of Liu and as suggested by the position of the support strip of Ashmore for the benefit of saving material and labor in manufacturing the garment while providing a seamless look to the garment; and providing support to the leg opening areas and unobtrusively gripping the body and holding the garment in place (Ashmore, para. [0032]).
The modified structure Liu-Ashmore does not teach the first positioning strip and the second positioning strip are continuous semi-tacky strips comprising at least one of a thermoplastic, thermoplastic elastomer, or thermoset material.
However, in the same field of endeavor, DeSimone teaches a positioning strip (fig. 1, para. [0021], gripping band 165) is a continuous semi-tacky strips comprising at least one of a thermoplastic, thermoplastic elastomer, or thermoset material (para. [0021], gripping band 165 is a strip of high density silicone gel adhesive).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to modify the support strip of Liu with the gripping material of the gripping band of DeSimone for the benefit of providing smooth tapes at the edge, which feel comfortable (grippy but not sticky) against the skin (DeSimone, para. [0017]) and providing an optimal gripping surface to keep the edge of the garment in place (DeSimone, para. [0018]).
Regarding claim 2, the modified structure Liu-Ashmore-DeSimone teaches the bust portion further comprises a right breast cup and a left breast cup, each of the right breast cup and the left breast cup having at least one fabric edge being raw cut without folding or stitching when finished and sealed with a bonding layer between the interior surface of the inner fabric layer and the interior surface of the outer fabric layer (Liu, para. [0066], fig. 1A and 5C show the edge 116 at the right breast cup and/or the left breast cup).
Regarding claim 3, the modified structure Liu-Ashmore-DeSimone teaches a third positioning strip on the exterior surface of the inner fabric layer along at least a portion of a right medial edge of the right breast cup and a fourth positioning strip on the exterior surface of the inner fabric layer along at least a portion of a left material edge of the left breast cup (Liu, para. [0066], fig. 1A shows the edge 116 at the right medial edge of the right breast cup and the left medial edge of the left breast cup; and fig. 5C shows the edge 116 has a positioning strip 144).
Regarding claim 4, the modified structure Liu-Ashmore-DeSimone teaches a first strap portion (Liu, fig. 1A, shoulder straps).
Regarding claim 5, the modified structure Liu-Ashmore-DeSimone teaches the right breast cup is connected to the first strap portion and the left breast cup is connected to a second strap portion, the first strap portion and the right breast cup defining a first arm opening, and the second strap portion and the left breast cup defining a second arm opening (Liu, fig. 1A).
Regarding claim 8, the modified structure Liu-Ashmore-DeSimone does not teach the second strap portion is configured to tie to the first strap portion.
However, Ashmore teaches the second strap portion is configured to tie to the first strap portion (fig. 3, two strap sections are configured to tie to each other).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Liu-Ashmore-DeSimone with the teaching that the second strap portion is configured to tie to the first strap portion as taught by Ashmore for the benefit of adjusting the fit of the bust portion to the user’s upper body.
Regarding claim 10, the modified structure Liu-Ashmore-DeSimone teaches the bottom portion includes a waist portion (Liu, fig. 8).
Regarding claim 11, the modified structure Liu-Ashmore-DeSimone does not teach a sixth positioning strip is positioned on the exterior surface of the inner fabric layer on at least a part of the waist portion.
However, Ashmore teaches gripping material is positioned on the exterior surface of the inner fabric layer on at least a part of the waist portion (fig. 1).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the position of the support strips of the modified structure Liu-Ashmore-DeSimone positioned on the exterior surface of the inner fabric layer on at least a part of the waist portion as taught by Ashmore for the benefit of providing support to the waist area and unobtrusively gripping the body and holding the garment in place (Ashmore, para. [0032]).
Regarding claim 12, the modified structure Liu-Ashmore-DeSimone teaches the bonding layer comprises an adhesive (DeSimone, para. [0021], gripping band 165 is a strip of high density silicone gel adhesive).
Regarding claim 14, Liu teaches a garment comprising:
a bust portion (fig. 1A, a bra), comprising an inner fabric layer (fig. 5C, layer 102) including an interior surface and an exterior surface, and an outer fabric layer (fig. 5C, layer 104) including an interior surface and an exterior surface, the bust portion having a plurality of edges, wherein at least one edge is raw cut without folding or stitching when assembled (fig. 5C, para. [0066], the edge is a “free cut edge” and is not subject to edge processing, such as sewing, welding or hemming at the edge, after cutting), forming a flat edge portion (fig. 5C, the edge portion formed by the layer 102 and 104 is flat) that is sealed with a bonding layer (fig. 5C, layer 128) between the interior surface of the inner fabric layer and the interior surface of the outer fabric layer,
a bottom portion (fig. 8, an underwear), a left leg opening defined by a lower left edge portion, and a right leg opening defined by a lower right edge portion (fig. 8), and
a first positioning strip (fig. 5C, layer 144) formed on the exterior surface on the inner fabric layer fully underlying at least one sealed raw cut edge portion of at least one of the bust portion and the bottom portion.
Liu does not explicitly teach the bottom portion comprising an inner fabric layer including an interior surface and an exterior surface, and an outer fabric layer including an interior surface and an exterior surface; the lower left edge portion and the lower right edge portion being raw cut without folding or stitching when assembled, forming a flat edge portion that is sealed with a bonding layer between the interior surface of the inner fabric layer and the interior surface of the outer fabric layer.
However, Liu teaches, in fig. 5C, an inner fabric layer (fig. 5C, layer 102) including an interior surface and an exterior surface, and an outer fabric layer (fig. 5C, layer 104) including an interior surface and an exterior surface; the edge portion being raw cut without folding or stitching when finished (para. [0066]), forming a flat edge portion that is sealed with a bonding layer (fig. 5C, layer 128) between the interior surface of the inner fabric layer and the interior surface of the outer fabric layer.
Further, in the same field of endeavor, Ashmore teaches gripping material (fig. 1, bands 5 and 7) positioned at the inner fabric layer along the left leg opening and the right leg opening respectively.
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to modify the lower left edge portion and the lower right edge portion being raw cut as taught in fig. 5C of Liu for the benefit of saving material and labor in manufacturing the garment while providing a seamless look to the garment.
The modified structure Liu does not teach the first positioning strip is a continuous semi-tacky strip comprising at least one of a thermoplastic, thermoplastic elastomer, or thermoset material.
However, in the same field of endeavor, DeSimone teaches a positioning strip (fig. 1, para. [0021], gripping band 165) is a continuous semi-tacky strips comprising at least one of a thermoplastic, thermoplastic elastomer, or thermoset material (para. [0021], gripping band 165 is a strip of high density silicone gel adhesive).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to modify the support strip of Liu with the gripping material of the gripping band of DeSimone for the benefit of providing smooth tapes at the edge, which feel comfortable (grippy but not sticky) against the skin (DeSimone, para. [0017]) and providing an optimal gripping surface to keep the edge of the garment in place (DeSimone, para. [0018]).
The modified structure Liu-DeSimore does not teach a one-piece swimsuit wherein the bottom portion is connected to the bust portion.
However, Ashmore teaches a one-piece garment comprising a bottom portion connected to a bust portion (fig. 5).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Liu-DeSimore in making a one-piece garment as taught by Ashmore for the benefit of producing garments with various aesthetic pleasing designs to suit the user’s need.
The modified structure Liu-DeSimone-Ashmore does not clearly teach a swimsuit. However, Liu teaches the article of clothing may be any garment which may be worn by a wearer (para. [0046]). Moreover, “a swimsuit” is an intended use of the invention. A recitation of the intended use of the claimed invention must result in a structure difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 15, the modified structure Liu-DeSimone-Ashmore teaches the bust portion further comprises a first bust strap portion, a second bust strap portion, a central portion, and a lower end portion (Liu, fig. 1A).
Regarding claim 16, the modified structure Liu-DeSimone-Ashmore teaches an internal bonding layer (Liu, fig. 2C, layer 128) included along the lower end portion of the bust portion and extending across a front section of the bust portion (Liu, figs. 1B and 2C).
Regarding claim 17, the modified structure Liu-DeSimone-Ashmore teaches the internal bonding layer (Liu, fig. 3, layer 128) extends across a back section of the bust portion (Liu, figs. 1C and 3).
Claims 6-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2020/0397064), Ashmore (US 2011/0016607) and DeSimone (US 2019/0350269), as applied to claim 5 above, and further in view of Martin (US 1981320).
Regarding claim 6, the modified structure Liu-Ashmore-DeSimone does not teach a third strap portion as in the claim.
However, in the same field of endeavor, Martin teaches a third strap portion (fig. 1, belt portion 4) formed on a lower edge of the bust portion configured to fasten the right breast cup to the left breast cup along a medial line, wherein the third strap portion comprises a fastening tie (fig. 1).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Liu-Ashmore-DeSimone with a belt as taught by Martin for the benefit of adjusting the waist size for providing a comfortable fit to the user.
Regarding claim 7, the modified structure Liu-Ashmore-DeSimone-Martin does not teach a fifth positioning strip along at least a part of the lower end portion of the bust portion.
However, Ashmore teaches a fifth positioning strip along at least a part of the lower end portion of the bust portion (fig. 3).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Liu-Ashmore-DeSimone-Martin with a support strip along at least a part of the lower end portion of the bust portion as suggested by Ashmore for the benefit of providing support to the bust portion and unobtrusively gripping the body and holding the garment in place (Ashmore, para. [0032]).
Regarding claim 9, the modified structure Liu-Ashmore-DeSimone-Martin teaches the third strap portion is configured to tie to a fourth strap portion (Martin, fig. 1).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2020/0397064), Ashmore (US 2011/0016607) and DeSimone (US 2019/0350269), as applied to claim 1 above, and further in view of Herlihy (US 5631074).
Regarding claim 13, the modified structure Liu-Ashmore-DeSimone does not teach the outer fabric layer of the bust portion and the bottom portion comprise a UV-resistant, chlorine-resistant fabric.
However, in the same field of endeavor, Herlihy teaches the shell fabric (12) comprises UV stabilization additives to maximize resistance to ultraviolet radiation (col. 8, lines 15-16), and the fabric is chlorine resistant (col. 9, lines 4-6).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the outer fabric layer of the modified structure Liu-Ashmore-DeSimone with the material of Herlihy for the benefit of providing waterproof, breathable, elastic fabric which has a number of highly desirable qualities (Herlihy, abstract).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,357,039. Although the claims at issue are not identical, they are not patentably distinct from each other because, for instance, the difference between the patented claim 1 and the instant claim 1 are minor and obvious from each other. The instant claim 1 is a broader version of the patented claim (i.e. the instant claim 1 does not include the limitations “the bust portion including a left shoulder strap, a right shoulder strap…” as in the patented claim 1). Therefore, the patented claim 1 would read on the instant claim 1. Furthermore, in the instant claim 1, the claimed limitations can be found in the patented claim 1. Any infringement over the patented claim 1 would also infringe over the instant claim 1. Hence, the instant claim does not differ from the scope of the patented claim 1.
For the same reason, claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,357,039.
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,357,039.
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,357,039.
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,357,039. Although the claims at issue are not identical, they are not patentably distinct from each other because, for instance, the difference between the patented claim 9 and the instant claim 14 are minor and obvious from each other. The instant claim 14 is a broader version of the patented claim (i.e. the instant claim 1 does not include the limitations “the bust portion including a left shoulder strap, a right shoulder strap…” as in the patented claim 9). Therefore, the patented claim 9 would read on the instant claim 14. Furthermore, in the instant claim 14, the claimed limitations can be found in the patented claim 9. Any infringement over the patented claim 9 would also infringe over the instant claim 14. Hence, the instant claim does not differ from the scope of the patented claim 9.
Response to Arguments
Applicant’s arguments, dated 05/04/2026, with respect to the rejections of claims under 35 U.S.C 103 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant argues that the prior art does not teach the amended limitations. However, this argument is not commensurate with the rejected claims, as the limitations have not been previously presented. Thus, the amended limitations have been addressed as analyzed above.
In response to the Applicant’s arguments about Liu (remarks, pages 9-10), the Applicant's arguments are against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In this case, Liu teaches a positioning strip at the raw cut edge. Liu does not teach the positioning strip comprises at least one of thermoplastic, thermoplastic elastomer, or thermoset material. However, DeSimone teaches a positioning strip is a continuous semi-tacky strips comprising at least one of a thermoplastic, thermoplastic elastomer, or thermoset material (para. [0021], gripping band 165 is a strip of high density silicone gel adhesive). It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to modify the support strip of Liu with the gripping material of the gripping band of DeSimone for the benefit of providing smooth tapes at the edge, which feel comfortable (grippy but not sticky) against the skin (DeSimone, para. [0017]) and providing an optimal gripping surface to keep the edge of the garment in place (DeSimone, para. [0018]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UYEN THI THAO NGUYEN whose telephone number is (571)272-8370. The examiner can normally be reached Monday-Friday 9 AM-6 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/UYEN T NGUYEN/ Primary Examiner, Art Unit 3732
