DETAILED ACTION
This is in response to application filed on June 20th, 2025 in which claims 1-20 are presented for examination.
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 .
Specification
The abstract of the disclosure is objected to because of the following:
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. The term “comprising” should not be utilized. See MPEP 608.01(b).
Correction is required. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
[0031] consider indicating Fig. 3 is a partially exploded structural schematic view, as it does not show all of the pieces as shown in Fig. 4 (for example, 20 is actually 21, 22)
[0038] considering indicating Fig. 3 is a partially exploded structural schematic view
In [0048], based on Fig. 4, consider indicating the inner to outer layers as follows: “the breast support strip 50, the first torso-covering layer 31, a first portion of the first breast-covering layer 21, the second breast-covering layer 22, and a second portion of the first breast-covering layer 21”; otherwise, a drawing objection may be warranted
Appropriate correction is required.
Claim Objections
Claim(s) 4, 13 is/are objected to because of the following informalities:
Claim 4 Line 2 before “wearer’s” delete “the” and substitute --a—for proper antecedent basis
Claim 13 Line 2 before “wearer’s” delete “the” and substitute --a—for proper antecedent basis
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
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.
Claim(s) 1-20 is/are rejected under U.S.C. 112(b).
The term “an adhesive” in Claim 1 Line 11 is unclear and therefore renders the claim indefinite. It is unclear how the term differs from “an adhesive” in Claim 1 Lines 4-5. For the purposes of applying art and providing rejections, the term in Lines 4-5 will be considered a first adhesive, such that the term in Line 11 is considered a second adhesive.
The term “it” in Claim 7 Line 3 is unclear and therefore renders the claim indefinite. It is unclear whether the term refers to “the edge of the first breast-covering layer”, to “the first breast-covering layer”, or some other structure. For the purposes of applying art and providing rejections, the term will be considered met by the first breast-covering layer.
The term “the adhesive” in Claim 7 Line 4 is unclear and therefore renders the claim indefinite. It is unclear which adhesive established in Claim 1 the term is referring to. For the purposes of applying art and providing rejections, the term will be considered met by the first adhesive.
The term “the adhesive” in Claim 9 Line 3 is unclear and therefore renders the claim indefinite. It is unclear which adhesive established in Claim 1 the term is referring to. For the purposes of applying art and providing rejections, the term will be considered met by the second adhesive or any adhesive.
The term “an adhesive” in Claim 11 Line 11 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 1 Line 11 and will be similarly interpreted.
The term “it” in Claim 15 Line 3 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 7 and will be similarly interpreted.
The term “the adhesive” in Claim 15 Line 4 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 7 and will be similarly interpreted.
The term “the adhesive” in Claim 17 Line 3 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 9 and will be similarly interpreted.
The term “an adhesive” in Claim 19 Line 12 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 1 Line 11 and will be similarly interpreted.
Dependent claims are rejected at the least for depending on rejected claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
FIRST REJECTION: As best understood in light of the 112(b) rejections--Claim(s) 1, 2, 4, 8, 19, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Todaro et al (US Publication 2022/0248775), herein Todaro ‘775.
Regarding Claim 1, Todaro ‘775 teaches a brassiere (see Figs. 10-13; [0064] "brassiere 110...shown in Figs. 10-13"; wherein the embodiment utilized herein is Figs. 10-13; however, although recitations may be directed to a different embodiment, such as Figs. 1-9, it is understood that Figs. 10-13 having the similar/same numerals and concepts as recited for Figs. 1-9 as applicable would also have the recitations apply to 10-13, especially in light of [0064] "Note that like components in the second example shown in FIGS. 10-13 are labeled with a “1” in the hundreds place, such that the breast cup 116 corresponds to the breast cup 16 of the first example of FIGS. 1-9, the chest band 112 corresponds to the chest band 12 of the first example, and so on") comprising:
a breast-covering portion configured to cover a wearer's breasts when worn (see Fig. 10; Todaro ‘775 teaches the portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering breasts when worn),
the breast-covering comprising at least a first breast-covering layer and a second breast-covering layer (see Fig. 3, which applies to Fig. 13, especially in light of [0065] "Each breast cup 116 is situated within a respective concavity in the pair of concavities 114, and each breast cup 116 comprises an inner liner 130, an outer liner (on reverse side of breast cups 116, not shown), and a foam pad 134 sandwiched between the inner and outer liners, as described with respect to FIG. 3"),
wherein the first breast-covering layer and the second breast-covering layer are bonded and secured by an (first) adhesive in at least partial regions ([0045] "layers 30, 32, 34 shown in Fig. 3 can be laminated and/or molded together using adhesive and a heat treating/molding process to form the breast cup 16a of Fig. 4"; which applies to Fig. 13); and
a torso-covering portion configured to surround a wearer's torso below the breasts when worn (see Fig. 10; all except the breast areas and 152; Todaro ‘775 teaches the portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering a torso below the breasts when worn),
the torso-covering portion being connected to the breast-covering portion at a junction via stitching ([0065] "Each breast cup 116 is situated within a respective concavity in the pair of concavities 114", wherein 114 is part of the torso portion),
the junction corresponding to a position of a lower edge of the breasts when the brassiere is worn (see Fig. 10, especially 114; Todaro ‘775 teaches the junction which meets the structural limitations in the claims and performs the functions as recited such as being capable of corresponding to breasts’ lower edge when worn),
the torso-covering portion comprising at least a first torso-covering layer and a second torso-covering layer (see Fig. 10; first = 150; second = 155; see Fig. 13; [0069] "strip of elastic 155 is provided at the bottom of each wing 112b, 112c"),
wherein the first torso-covering layer and the second torso-covering layer are bonded and secured by an (second) adhesive in at least partial regions (see Fig. 7; [0054] "Additionally or alternatively, by purposeful application of adhesive, the outer layer 50 may be loose (non-adhered) where it covers the breast cups 16, but adhered to the remainder of the layers of the brassiere 10 in the chest band 12"; as such, this would apply to 150, 155).
Regarding Claim 2, Todaro ‘775 teaches the brassiere according to claim 1, further comprising a breast support strip disposed along the junction ([0068] "intermediate layer 152a"; see Fig. 10),
wherein the breast support strip is stitched to the breast-covering portion and the torso-covering portion via the stitching ([0069] "The outer layer 150 can then be sewn to the bottom edges of the front panel subassembly and the laminated wings 112b, 112c"; wherein the front panel subassembly includes 152a; [0068] "to assemble the brassiere 110…breast cups 116, the inner liner 130, the intermediate layer 152...can first be molded together...thus the molded front panel subassembly of the breasts cups 116...intermediate layer 152a ,and inner liner 130a is formed").
Regarding Claim 4, Todaro ‘775 teaches the brassiere according to claim 2, wherein the breast support strip is disposed on a side of the breast-covering portion closer to the wearer's body (see Fig. 10; wherein 152/152a is at least closer to a side of the breast-covering portion closer to the wearer’s body than layer 150; Todaro ‘775 teaches the breast support strip on a side of the breast-covering portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of being on a side closer to the wearer’s body especially in light of the recitations).
Regarding Claim 8, Todaro ‘775 teaches the brassiere according to claim 1, wherein the first torso-covering layer is a main body layer (see Figs. 10, 13; [0069] "fold the outer layer 150 over the front of the brassiere 110"; [0049] "outer layer 50…similar to the fabric of the breast cup liners 30, 32"; [0045] "The inner and outer liners 30, 32 can be knitted of fabric such as polyester...nylon"),
and the second torso-covering layer is an underband layer (see Fig. 13; [0069] "strip of elastic 155 is provided at the bottom of each wing 112b, 112c"),
the main body layer having a larger coverage area than the underband layer (see Fig. 10),
and the underband layer having a higher elastic modulus than the main body layer such that the underband layer provides greater contraction force than the main body layer when worn (for main body -- [0049] "outer layer 50…similar to the fabric of the breast cup liners 30, 32"; [0045] "The inner and outer liners 30, 32 can be knitted of fabric such as polyester...nylon"; for underband -- see Fig. 13; [0069] "strip of elastic 155 is provided at the bottom of each wing 112b, 112c"; wherein elastic has higher elastic modulus than polyester or nylon).
Regarding Claim 19, Todaro ‘775 teaches a brassiere (see Figs. 10-13; [0064] "brassiere 110...shown in Figs. 10-13"; wherein the embodiment utilized herein is Figs. 10-13; however, although recitations may be directed to a different embodiment, such as Figs. 1-9, it is understood that Figs. 10-13 having the similar/same numerals and concepts as recited for Figs. 1-9 as applicable would also have the recitations apply to 10-13, especially in light of [0064] "Note that like components in the second example shown in FIGS. 10-13 are labeled with a “1” in the hundreds place, such that the breast cup 116 corresponds to the breast cup 16 of the first example of FIGS. 1-9, the chest band 112 corresponds to the chest band 12 of the first example, and so on") comprising:
a breast-covering portion configured to cover a wearer's breasts when worn (see Fig. 10; Todaro ‘775 teaches the portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering breasts when worn),
the breast-covering comprising at least a first breast-covering layer and a second breast-covering layer (see Fig. 3, which applies to Fig. 13, especially in light of [0065] "Each breast cup 116 is situated within a respective concavity in the pair of concavities 114, and each breast cup 116 comprises an inner liner 130, an outer liner (on reverse side of breast cups 116, not shown), and a foam pad 134 sandwiched between the inner and outer liners, as described with respect to FIG. 3"),
wherein the first breast-covering layer and the second breast-covering layer are bonded and secured by an (first) adhesive in at least partial regions ([0045] "layers 30, 32, 34 shown in Fig. 3 can be laminated and/or molded together using adhesive and a heat treating/molding process to form the breast cup 16a of Fig. 4"; which applies to Fig. 13);
the first breast-covering layer being a fabric outer layer ([0045] "layers 30, 32, 34…molded together"; [0045] "inner liner 30, an outer liner 32, and a foam pad 34"; [0045] "inner and outer liners 30, 32 can be knitted of fabric such as polyester, spandex, nylon and/or blends thereof"),
and the second breast-covering layer being a molded cup layer ([0045] "layers 30, 32, 34…molded together"; [0045] "inner liner 30, an outer liner 32, and a foam pad 34"; [0045] "inner and outer liners 30, 32 can be knitted of fabric such as polyester, spandex, nylon and/or blends thereof"); and
a torso-covering portion configured to surround a wearer's torso below the breasts when worn (see Fig. 10; all except the breast areas and 152; Todaro ‘775 teaches the portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering a torso below the breasts when worn),
the torso-covering portion being connected to the breast-covering portion at a junction via stitching ([0065] "Each breast cup 116 is situated within a respective concavity in the pair of concavities 114", wherein 114 is part of the torso portion),
the junction corresponding to a position of a lower edge of the breasts when the brassiere is worn (see Fig. 10, especially 114; Todaro ‘775 teaches the junction which meets the structural limitations in the claims and performs the functions as recited such as being capable of corresponding to breasts’ lower edge when worn),
the torso-covering portion comprising at least a first torso-covering layer and a second torso-covering layer (see Fig. 10; first = 150; second = 155; see Fig. 13; [0069] "strip of elastic 155 is provided at the bottom of each wing 112b, 112c"),
wherein the first torso-covering layer and the second torso-covering layer are bonded and secured by an (second) adhesive in at least partial regions (see Fig. 7; [0054] "Additionally or alternatively, by purposeful application of adhesive, the outer layer 50 may be loose (non-adhered) where it covers the breast cups 16, but adhered to the remainder of the layers of the brassiere 10 in the chest band 12"; as such, this would apply to 150, 155),
the first torso-covering layer being a main body layer (see Figs. 10, 13; [0069] "fold the outer layer 150 over the front of the brassiere 110"; [0049] "outer layer 50…similar to the fabric of the breast cup liners 30, 32"; [0045] "The inner and outer liners 30, 32 can be knitted of fabric such as polyester...nylon"),
and the second torso-covering layer being an underband layer (see Fig. 13; [0069] "strip of elastic 155 is provided at the bottom of each wing 112b, 112c"),
the main body layer having a larger coverage area than the underband layer (see Fig. 10),
and the underband layer having a higher elastic modulus than the main body layer such that the underband layer provides greater contraction force than the main body layer when worn (for main body -- [0049] "outer layer 50…similar to the fabric of the breast cup liners 30, 32"; [0045] "The inner and outer liners 30, 32 can be knitted of fabric such as polyester...nylon"; for underband -- see Fig. 13; [0069] "strip of elastic 155 is provided at the bottom of each wing 112b, 112c"; wherein elastic has higher elastic modulus than polyester or nylon).
Regarding Claim 20, Todaro ‘775 further teaches the brassiere according to Claim 19.
The body of Claim 20 is the same as the body of Claim 2. As such, see the aforementioned rejection of the body of Claim 2 for the rejection of the body of Claim 20.
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.
As best understood in light of the 112(b) rejections-- Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Todaro et al (US Publication 2022/0248775), herein Todaro ‘775, as applied to the FIRST REJECTION above, in view of Cosentino (USPN 6264530).
Regarding Claim 9, Todaro ‘775 teaches all the claimed limitations as discussed above in Claim 8.
Todaro ‘775 does not explicitly teach wherein the underband layer is folded to enclose a lower edge of the main body layer,
and the underband layer is bonded to inner and outer surfaces of the lower edge region of the main body layer by the (second) adhesive.
Cosentino teaches wherein the underband layer is folded to enclose a lower edge of the main body layer (see Fig. 3; Col. 3 Lines 2-12 "moisture absorbing layer 25 extends to the right towards the skin of a user. Only the lower portion 17 of the bra is shown in this figure. Between this lower bra portion 17 and the layer 25 is the first peel off strip layer 27 that covers adhesive layer 29 which is positioned between the layer 27 and the surface of absorbent layer 25. A second peel off layer strip 31 is positioned between the outside surface of the bra's lower portion 17 and a second adhesive layer 33. Both peel off layer strips need to be completely removed to firmly attach the layer 25 to the bra"; Col. 3 Line 23 "two adhesive surfaces, one on the inside of the bra and one on the outside edge, provides for a firm shield attachment that is also removable from the bra"; Cosentino at least suggests that the shield is elastic-- abstract "moisture managing shield"; wherein the prior art of Cosentino indicates moisture managing is elastic -- Col. 1 Lines 7-9 "in one earlier invention a moisture management bra is made from a stretch fabric material having a moisture transport fabric layer constructed of hydrophilic yarn"; Col. 1 Line 27-30 "U.S. Pat. No. 5,269,720 to Moretz et al discloses a moisture management bra is made from a stretch fabric material having a moisture transport fabric layer constructed of hydrophilic yarn"; as such, Cosentino discloses the option of a single material, the single material being the moisture managing shield as stretch fabric),
and the underband layer is bonded to inner and outer surfaces of the lower edge region of the main body layer by adhesive (see Fig. 3; wherein the spot labeled 150 in Fig. 13 would be the inner surface bonded).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Todaro ‘775’s elastic 155 to be the elastic structure of the shield of Cosentino in order to provide moisture management (abstract).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Todaro ‘775 teaches the underband layer bonded via the second adhesive (as best understood in light of the 112(b) rejections—the second adhesive is both that provided by Cosentino and that in Claim 1, between 50 and the rest of 12, inasmuch as the adhesive in the same generic lower area).
SECOND REJECTION: As best understood in light of the 112(b) rejections— Claim(s) 11, 13, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Todaro et al (US Publication 2022/0248775), herein Todaro ‘775, in view of LaVelle et al (USPN 5070542), herein LaVelle.
Regarding Claim 11, Todaro ‘775 teaches a brassiere (see Figs. 10-13; [0064] "brassiere 110...shown in Figs. 10-13"; wherein the embodiment utilized herein is Figs. 10-13; however, although recitations may be directed to a different embodiment, such as Figs. 1-9, it is understood that Figs. 10-13 having the similar/same numerals and concepts as recited for Figs. 1-9 as applicable would also have the recitations apply to 10-13, especially in light of [0064] "Note that like components in the second example shown in FIGS. 10-13 are labeled with a “1” in the hundreds place, such that the breast cup 116 corresponds to the breast cup 16 of the first example of FIGS. 1-9, the chest band 112 corresponds to the chest band 12 of the first example, and so on") comprising:
a breast-covering portion configured to cover a wearer's breasts when worn (see Fig. 10; Todaro ‘775 teaches the portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering breasts when worn),
the breast-covering comprising at least a first breast-covering layer and a second breast-covering layer (see Fig. 3, which applies to Fig. 13, especially in light of [0065] "Each breast cup 116 is situated within a respective concavity in the pair of concavities 114, and each breast cup 116 comprises an inner liner 130, an outer liner (on reverse side of breast cups 116, not shown), and a foam pad 134 sandwiched between the inner and outer liners, as described with respect to FIG. 3"),
wherein the first breast-covering layer and the second breast-covering layer are bonded and secured by an (first) adhesive in at least partial regions ([0045] "layers 30, 32, 34 shown in Fig. 3 can be laminated and/or molded together using adhesive and a heat treating/molding process to form the breast cup 16a of Fig. 4"; which applies to Fig. 13);
a torso-covering portion configured to surround a wearer's torso below the breasts when worn (see Fig. 10; all except the breast areas and 152; Todaro ‘775 teaches the portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering a torso below the breasts when worn),
the torso-covering portion being connected to the breast-covering portion at a junction via stitching ([0065] "Each breast cup 116 is situated within a respective concavity in the pair of concavities 114", wherein 114 is part of the torso portion),
the junction corresponding to a position of a lower edge of the breasts when the brassiere is worn (see Fig. 10, especially 114; Todaro ‘775 teaches the junction which meets the structural limitations in the claims and performs the functions as recited such as being capable of corresponding to breasts’ lower edge when worn),
the torso-covering portion comprising at least a first torso-covering layer and a second torso-covering layer (see Fig. 10; first = 150; second = 155; see Fig. 13; [0069] "strip of elastic 155 is provided at the bottom of each wing 112b, 112c"),
wherein the first torso-covering layer and the second torso-covering layer are bonded and secured by an (second) adhesive in at least partial regions (see Fig. 7; [0054] "Additionally or alternatively, by purposeful application of adhesive, the outer layer 50 may be loose (non-adhered) where it covers the breast cups 16, but adhered to the remainder of the layers of the brassiere 10 in the chest band 12"; as such, this would apply to 150, 155),
and a breast support strip disposed along the junction ([0068] "intermediate layer 152a"; see Fig. 10),
wherein the breast support strip is stitched to the breast-covering portion and the torso-covering portion via the stitching ([0069] "The outer layer 150 can then be sewn to the bottom edges of the front panel subassembly and the laminated wings 112b, 112c"; wherein the front panel subassembly includes 152a; [0068] "to assemble the brassiere 110…breast cups 116, the inner liner 130, the intermediate layer 152...can first be molded together...thus the molded front panel subassembly of the breasts cups 116...intermediate layer 152a, and inner liner 130a is formed").
Todaro ‘775 at least suggests and wherein the stitching comprises a first stitch line and a second stitch line spaced apart from each other (Todaro ‘775 already teaches the stitching).
A mere duplication of parts is seen as obvious to one of ordinary skill in the art because such duplication into first/second stitch lines would not have produced a new and unexpected result and therefore has no patentable significance. In other words, a mere duplication of parts of an element involves only routine skill in the art. In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960))).
LaVelle teaches and wherein the stitching comprises a first stitch line and a second stitch line spaced apart from each other (see Fig. 3; Col. 3 Lines 41-47 "edge of the body 10 extends upwardly between the layers 22, 24 substantially to the longitudinal fold in the collarette 20. Preferably, at least two parallel lines of stitching 36 pass through the lower portions of the collarette strip 20 and the body fabric 10 to complete the assembly").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Todaro ‘775’s stitching to be first/second stitch lines as taught by LaVelle as a known type of effective stitching in joining two garment elements, especially for increasing the strength of the join.
Regarding Claim 13, modified Todaro ‘775 teaches all the claimed limitations as discussed above in Claim 11.
The body of Claim 13 is the same as the body of Claim 4. As such, see the aforementioned rejection of the body of Claim 4 for the rejection of the body of Claim 13.
Regarding Claim 16, modified Todaro ‘775 teaches all the claimed limitations as discussed above in Claim 11.
The body of Claim 16 is the same as the body of Claim 8. As such, see the aforementioned rejection of the body of Claim 8 for the rejection of the body of Claim 16.
As best understood in light of the 112(b) rejections— Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Todaro et al (US Publication 2022/0248775), herein Todaro ‘775, in view of LaVelle et al (USPN 5070542), herein LaVelle, as applied to the SECOND REJECTION above, further in view of Cosentino (USPN 6264530).
Regarding Claim 17, modified Todaro ‘775 teaches all the claimed limitations as discussed above in Claim 16.
The body of Claim 17 is the same as the body of Claim 9. As such, see the aforementioned rejection of the body of Claim 9 for the rejection of the body of Claim 17.
THIRD REJECTION: As best understood in light of the 112(b) rejections--Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mastrella et al (US Publication 2022/0007748), herein Mastrella, in view of Simpson (USPN 7959487).
Regarding Claim 1, Mastrella teaches a brassiere (see Fig. 5a; [0029] “bra 10”) comprising:
a breast-covering portion configured to cover a wearer's breasts when worn (see Fig. 4; [0031] "cups 14"; Mastrella teaches the cups which meets the structural limitations in the claims and performs the functions as recited such as being capable of being breast-covering to cover breasts when worn),
the breast-covering comprising at least a first breast-covering layer and a second breast-covering layer ([0030] "cups…may be of a molded and lightly lined full coverage floating construction”, the mold and lining being the first/second layers),
a torso-covering portion configured to surround a wearer's torso below the breasts when worn (see Fig. 4; [0029] "wing 12 may be a single piece…may instead of be comprised of multiple pieces (e.g., a left and ring wing…) that are joined together"; Mastrella teaches the wings which meets the structural limitations in the claims and performs the functions as recited such as being capable of torso-covering to surround a wearer’s torso below breasts when worn, such as side portions of a torso),
the torso-covering portion being connected to the breast-covering portion at a junction via stitching ([0031] "joining of the wing 12, the cups 14…may be achieved in various ways that are known to those skilled in the art…stitching…other methods of joining, such as with ultrasonic welding, may be used"),
the junction corresponding to a position of a lower edge of the breasts when the brassiere is worn (see Fig. 4, where 14 and 12 meet),
the torso-covering portion comprising at least a first torso-covering layer and a second torso-covering layer ([0033] "wing 12 is comprised primarily of a single piece of fabric, which is folded to create a 2-ply wing…no seam or hem is required…each ply is hereafter identified as the outer fabric layer 42 and the inner fabric layer 32", wherein the first torso-covering layer is 42; the second torso-covering layer is 32),
wherein the first torso-covering layer and the second torso-covering layer are bonded and secured by an (second) adhesive in at least partial regions (see Figs. 5a, 6; [0038] "The laminate film 40 serves as an adhesive (i.e., fusible glue) to bond the inner fabric layer internal surface 36 to the outer fabric layer internal surface 46").
Mastrella does not explicitly teach wherein the first breast-covering layer and the second breast-covering layer are bonded and secured by an (first) adhesive in at least partial regions.
Simpson teaches that wherein the first breast-covering layer and the second breast-covering layer are bonded and secured by an (first) adhesive in at least partial regions (see Fig. 4; Col. 3 Lines 49-54 "outer layer 26 is folded over the upper edge 9 of bra cup 3, and thus forms a foldover 28...thermosensitive adhesive band 25 is…placed between foldover 28 and the inner layer 27").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mastrella’s first/second breast-covering layers to be secured and folded as taught by Simpson as a known effective structure and attachment between cup layers in a brassiere.
As best understood in light of the 112(b) rejections--Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mastrella et al (US Publication 2022/0007748), herein Mastrella, in view of Simpson (USPN 7959487), as applied to the THIRD REJECTION above, further in view of Brucker (US Publication 2025/0107578).
Regarding Claim 2, modified Mastrella teaches all the claimed limitations as discussed above in Claim 1.
Mastrella does not explicitly teach a breast support strip disposed along the junction,
wherein the breast support strip is stitched to the breast-covering portion and the torso-covering portion via the stitching.
Brucker teaches a breast support strip disposed along the junction (see Fig. 13; [0096] W-shaped frame structure 1314 comprises the first textile 100"; [0095] "W-shaped frame structure 1314…coupled…to the terminal edges 1311 and 1313 of the first foam pad 1310 and the second foam pad 1312"; Brucker teaches the frame/strip which meets the structural limitations in the claims and performs the functions as recited such as being capable of breast support),
wherein the breast support strip is stitched to the breast-covering portion and the torso-covering portion via the stitching (see Fig. 13; [0102] "W-shaped frame structure 1314 is secured using stitching, bonding, and the like to part of the perimeter edge of one or more foam pads such as the first foam pad 1310 and the second foam pad 1312 that respectively form a first breast covering area such as the first breast covering area 1126 and a second breast covering area such as the second breast covering area 1128"; wherein the perimeter is between the breast-covering portion and the torso-covering portion; Brucker teaches the pads which meets the structural limitations in the claims and performs the functions as recited such as being capable of breast-covering especially in light of the recitations; wherein Figs. 11, 13, 14 teaches covering portions which meets the structural limitations in the claims and performs the functions as recited such as being capable of being torso-covering).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mastrella’s breast-covering portion and torso-covering portion with the breast support strip of Brucker in order to absorb moisture in the form of perspiration ([0098]).
As best understood in light of the 112(b) rejections--Claim(s) 3, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mastrella et al (US Publication 2022/0007748), herein Mastrella, in view of Simpson (USPN 7959487), and Brucker (US Publication 2025/0107578), as applied to the THIRD REJECTION above, further in view of Todaro et al (USPN 12004576), herein Todaro ‘576.
Regarding Claim 3, modified Mastrella teaches all the claimed limitations as discussed above in Claim 2.
Modified Mastrella does not explicitly teach wherein the breast support strip comprises terry cloth.
However, modified Mastrella does teach that the breast support strip is hydrophilic/absorbent (see Brucker Fig. 13; [0096] W-shaped frame structure 1314 comprises the first textile 100"; see Fig. 4; [0065] "second surface 310 of the first textile 100 formed by the second layer 112 of the first textile 100"; [0065] "second layer 112...hydrophilic"; [0067] "second surface 310 of the second layer 112 is positioned directly adjacent to the body surface 410"; as such, the hydrophilic layer is closest to the wearer’s skin).
As such, modified Mastrella teaches all of the elements of the instant invention as discussed in detail above except providing the hydrophilic material of the breast support strip is terry cloth. Although modified Mastrella does not directly teach this limitation, it would have been an obvious matter of design choice to one of ordinary skill in the art at the time the invention was made to have modified Mastrella by making its strip of terry cloth. Such modification would be considered a mere choice of a commonly used material, in the apparel art, to make a breast component of terry cloth on the basis of its suitability for the intended use. In other words, the use of terry cloth would have been an "obvious to try" approach because the use of such a well-known material for a breast component is not of innovation but of ordinary skill and common sense. KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742,82, USPQ2d 1382, 1396 (2007).
Nevertheless, Todaro ‘576 teaches wherein absorbent breast support material comprises terry cloth (see Figs. 2, 3; abstract "pair of breast cups, each having…an inner layer of absorbent terry cloth"; Col. 5 Lines 51-53 "absorbent breast cup 2...inner layer of absorbent terry cloth 4"; Col. 5 Lines 27-28 "bra 200 has...two cup areas 202"; Col. 7 Lines 24-28 "breast cup 2 meant for insertion into the bra 200...preventing leaks").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mastrella’s hydrophilic portion of the breast support strip to be of terry cloth as taught by Todaro ‘576 as an effective absorbent/hydrophilic material for brassieres.
Regarding Claim 10, modified Mastrella teaches all the claimed limitations as discussed above in Claim 3.
Modified Mastrella already taught wherein the terry cloth (Mastrella’s breast support strip of Brucker made terry cloth material by Todaro ‘576) is stitched to the breast-covering portion and the torso-covering portion at the junction (Brucker [0102] for stitched; see rejection of Claim 2).
Modified Mastrella at least suggests wherein the breast support strip/terry cloth is folded to form the breast support strip at the junction (Mastrella teaches folding to create plies/layers in [0033] “wing 12 is comprised primarily of a single piece of fabric, which is folded to create a 2-ply wing…constructed so that no seam or hem is required…while still permitting…a 2-ply structure”).
Brucker teaches a layered/plied breast support strip ([0098] "forming the front portion 1110 from one or more additional textiles such as the first textile 100").
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, when modifying Mastrella, to have a layered breast support strip, to have the breast support strip of Brucker be folded, in order to avoid seams/hems (Mastrella [0033]), for easier manufacturing.
As best understood in light of the 112(b) rejections--Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mastrella et al (US Publication 2022/0007748), herein Mastrella, in view of Simpson (USPN 7959487), as applied to the THIRD REJECTION above, further in view of LaVelle et al (USPN 5070542), herein LaVelle.
Regarding Claim 5, modified Mastrella teaches all the claimed limitations as discussed above in Claim 1.
Mastrella at least suggests wherein the stitching comprises a first stitch line and a second stitch line spaced apart from each other ([0031] "joining of the wing 12, the cups 14…may be achieved in various ways that are known to those skilled in the art…stitching…other methods of joining, such as with ultrasonic welding, may be used", which indicates at least a first stitch line).
A mere duplication of parts is seen as obvious to one of ordinary skill in the art because such duplication into first/second stitch lines would not have produced a new and unexpected result and therefore has no patentable significance. In other words, a mere duplication of parts of an element involves only routine skill in the art. In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Nevertheless, LaVelle teaches wherein the stitching comprises a first stitch line and a second stitch line spaced apart from each other (see Fig. 3; Col. 3 Lines 41-47 "edge of the body 10 extends upwardly between the layers 22, 24 substantially to the longitudinal fold in the collarette 20. Preferably, at least two parallel lines of stitching 36 pass through the lower portions of the collarette strip 20 and the body fabric 10 to complete the assembly").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mastrella’s stitching into the first/second stitch line as taught by LaVelle as a known type of stitching in joining two garment elements, especially for increasing the strength of the join.
As best understood in light of the 112(b) rejections--Claim(s) 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mastrella et al (US Publication 2022/0007748), herein Mastrella, in view of Simpson (USPN 7959487), as applied in the THIRD REJECTION above, further in view of Todaro et al (US Publication 2022/0248775), herein Todaro ‘775.
Regarding Claim 6, modified Mastrella teaches all the claimed limitations as discussed above in Claim 1.
Mastrella further teaches wherein the first breast-covering layer is an outer layer ([0030] "cups…may be of a molded and lightly lined full coverage floating construction”, wherein outer is a matter of perspective),
and the second breast-covering layer is a molded cup layer ([0030]).
Mastrella does not explicitly teach wherein the first breast-covering layer is an outer fabric layer.
As such, modified Mastrella teaches all of the elements of the instant invention as discussed in detail above except providing the first breast-covering layer is of fabric. Although modified Mastrella does not directly teach this limitation, it would have been an obvious matter of design choice to one of ordinary skill in the art at the time the invention was made to have modified Mastrella by making its first breast-covering layer of fabric. Such modification would be considered a mere choice of a commonly used material, in the apparel art, to make a breast-covering layer of fabric on the basis of its suitability for the intended use. In other words, the use of fabric would have been an "obvious to try" approach because the use of such a well-known material for a breast-covering layer is not of innovation but of ordinary skill and common sense. KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742,82, USPQ2d 1382, 1396 (2007).
Nevertheless, Todaro ‘775 teaches wherein the first breast-covering layer is a fabric outer layer ([0045] "layers 30, 32, 34…molded together"; [0045] "inner liner 30, an outer liner 32, and a foam pad 34"; [0045] "inner and outer liners 30, 32 can be knitted of fabric such as polyester, spandex, nylon and/or blends thereof"),
and the second breast-covering layer is a molded cup layer ([0045]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mastrella’s first/second breast-covering layers to be the materials as taught by Todaro ‘775 as a known effective material for a brassiere.
Regarding Claim 7, modified Mastrella teaches all the claimed limitations as discussed above in Claim 6.
Mastrella further teaches wherein the first breast-covering layer covers a surface of the second breast-covering layer ([0030] for lining).
Modified Mastrella further teaches and an edge of the first breast-covering layer is folded and extends to an inner surface of the second breast-covering layer (see Simpson Fig. 4; inner is 27; outer is 26 with foldover 28),
wherein it is bonded to the inner surface by the (first) adhesive (see Fig. 4).
FOURTH REJECTION: As best understood in light of the 112(b) rejections--Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mastrella et al (US Publication 2022/0007748), herein Mastrella, in view of Simpson (USPN 7959487), LaVelle et al (USPN 5070542), herein LaVelle, and Brucker (US Publication 2025/0107578).
Regarding Claim 11, Mastrella teaches a brassiere (see Fig. 5a; [0029] “bra 10”) comprising:
a breast-covering portion configured to cover a wearer's breasts when worn (see Fig. 4; [0031] "cups 14"; Mastrella teaches the cups which meets the structural limitations in the claims and performs the functions as recited such as being capable of being breast-covering to cover breasts when worn),
the breast-covering comprising at least a first breast-covering layer and a second breast-covering layer ([0030] "cups…may be of a molded and lightly lined full coverage floating construction”, the mold and lining being the first/second layers),
a torso-covering portion configured to surround a wearer's torso below the breasts when worn (see Fig. 4; [0029] "wing 12 may be a single piece…may instead of be comprised of multiple pieces (e.g., a left and ring wing…) that are joined together"; Mastrella teaches the wings which meets the structural limitations in the claims and performs the functions as recited such as being capable of torso-covering to surround a wearer’s torso below breasts when worn, such as side portions of a torso),
the torso-covering portion being connected to the breast-covering portion at a junction via stitching ([0031] "joining of the wing 12, the cups 14…may be achieved in various ways that are known to those skilled in the art…stitching…other methods of joining, such as with ultrasonic welding, may be used"),
the junction corresponding to a position of a lower edge of the breasts when the brassiere is worn (see Fig. 4, where 14 and 12 meet),
the torso-covering portion comprising at least a first torso-covering layer and a second torso-covering layer ([0033] "wing 12 is comprised primarily of a single piece of fabric, which is folded to create a 2-ply wing…no seam or hem is required…each ply is hereafter identified as the outer fabric layer 42 and the inner fabric layer 32", wherein the first torso-covering layer is 42; the second torso-covering layer is 32),
wherein the first torso-covering layer and the second torso-covering layer are bonded and secured by an (second) adhesive in at least partial regions (see Figs. 5a, 6; [0038] "The laminate film 40 serves as an adhesive (i.e., fusible glue) to bond the inner fabric layer internal surface 36 to the outer fabric layer internal surface 46").
Mastrella does not explicitly teach wherein the first breast-covering layer and the second breast-covering layer are bonded and secured by an (first) adhesive in at least partial regions.
Simpson teaches that wherein the first breast-covering layer and the second breast-covering layer are bonded and secured by an (first) adhesive in at least partial regions (see Fig. 4; Col. 3 Lines 49-54 "outer layer 26 is folded over the upper edge 9 of bra cup 3, and thus forms a foldover 28...thermosensitive adhesive band 25 is…placed between foldover 28 and the inner layer 27").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mastrella’s first/second breast-covering layers to be secured as taught by Simpson as a known effective attachment between cup layers in a brassiere.
Mastrella at least suggests wherein the stitching comprises a first stitch line and a second stitch line spaced apart from each other ([0031] "joining of the wing 12, the cups 14…may be achieved in various ways that are known to those skilled in the art…stitching…other methods of joining, such as with ultrasonic welding, may be used", which indicates at least a first stitch line).
A mere duplication of parts is seen as obvious to one of ordinary skill in the art because such duplication into first/second stitch lines would not have produced a new and unexpected result and therefore has no patentable significance. In other words, a mere duplication of parts of an element involves only routine skill in the art. In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Nevertheless, LaVelle teaches wherein the stitching comprises a first stitch line and a second stitch line spaced apart from each other (see Fig. 3; Col. 3 Lines 41-47 "edge of the body 10 extends upwardly between the layers 22, 24 substantially to the longitudinal fold in the collarette 20. Preferably, at least two parallel lines of stitching 36 pass through the lower portions of the collarette strip 20 and the body fabric 10 to complete the assembly").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mastrella’s stitching into the first/second stitch line as taught by LaVelle as a known type of stitching in joining two garment elements, especially for increasing the strength of the join.
Mastrella does not explicitly teach a breast support strip disposed along the junction,
wherein the breast support strip is stitched to the breast-covering portion and the torso-covering portion via the stitching.
Brucker teaches a breast support strip disposed along the junction (see Fig. 13; [0096] W-shaped frame structure 1314 comprises the first textile 100"; [0095] "W-shaped frame structure 1314…coupled…to the terminal edges 1311 and 1313 of the first foam pad 1310 and the second foam pad 1312"; Brucker teaches the frame/strip which meets the structural limitations in the claims and performs the functions as recited such as being capable of breast support),
wherein the breast support strip is stitched to the breast-covering portion and the torso-covering portion via the stitching (see Fig. 13; [0102] "W-shaped frame structure 1314 is secured using stitching, bonding, and the like to part of the perimeter edge of one or more foam pads such as the first foam pad 1310 and the second foam pad 1312 that respectively form a first breast covering area such as the first breast covering area 1126 and a second breast covering area such as the second breast covering area 1128"; wherein the perimeter is between the breast-covering portion and the torso-covering portion; Brucker teaches the pads which meets the structural limitations in the claims and performs the functions as recited such as being capable of breast-covering especially in light of the recitations; wherein Figs. 11, 13, 14 teaches covering portions which meets the structural limitations in the claims and performs the functions as recited such as being capable of being torso-covering).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mastrella’s breast-covering portion and torso-covering portion with the breast support strip of Brucker in order to absorb moisture in the form of perspiration ([0098]).
As best understood in light of the 112(b) rejections--Claim(s) 12, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mastrella et al (US Publication 2022/0007748), herein Mastrella, in view of Simpson (USPN 7959487), LaVelle et al (USPN 5070542), herein LaVelle, and Brucker (US Publication 2025/0107578), as applied to the FOURTH REJECTION ABOVE, further in view of Todaro et al (USPN 12004576), herein Todaro ‘576.
Regarding Claim 12, modified Mastrella teaches all the claimed limitations as discussed above in Claim 11.
The body of Claim 12 is the same as the body of Claim 3. As such, see the aforementioned rejection of the body of Claim 3 for the rejection of the body of Claim 12.
Regarding Claim 18, modified Mastrella teaches all the claimed limitations as discussed above in Claim 12.
The body of Claim 18 is the same as the body of Claim 10. As such, see the aforementioned rejection of the body of Claim 10 for the rejection of the body of Claim 18.
As best understood in light of the 112(b) rejections--Claim(s) 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mastrella et al (US Publication 2022/0007748), herein Mastrella, in view of Simpson (USPN 7959487), LaVelle et al (USPN 5070542), herein LaVelle, and Brucker (US Publication 2025/0107578), as applied to the FOURTH REJECTION ABOVE, further in view of Todaro et al (US Publication 2022/0248775), herein Todaro ‘775.
Regarding Claim 14, modified Mastrella teaches all the claimed limitations as discussed above in Claim 11.
The body of Claim 14 is the same as the body of Claim 6. As such, see the aforementioned rejection of the body of Claim 6 for the rejection of the body of Claim 14.
Regarding Claim 15, modified Mastrella teaches all the claimed limitations as discussed above in Claim 14.
The body of Claim 15 is the same as the body of Claim 7. As such, see the aforementioned rejection of the body of Claim 7 for the rejection of the body of Claim 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Allen (USPN 8556677), Waitz (USPN 6572437) directed to brassiere with first/second breast-covering layers and first/second torso-covering layers; Ho (DE 9217736) directed to breast-covering portion stitched to torso-covering portion; Liu (USPN 7604526), Huang (US Publication 2008/0051005) directed to W-shaped breast support strip; Deal (USPN 7427226) directed to torso and breast cover junctions; Simpson (US Publication 2008/0280530) directed to torso layers bonded via tape; Huang (USPN 6425800), Qin (US Publication 2024/0225139) directed to breast support strip at junction; Soylu (US Publication 2024/0344250), Odermatt et al (US Publication 2012/0330093), Mitchell et al (USPN 6779367), Almog (USPN 11839242), Mitchell (USPN 7614256), Oakim (USPN 6015331) directed to terry cloth; Gluckin (USPN 2586529), Thompson (USPN 2594248) directed to first/second stitch lines in a bra and folding the underband layer to enclose a lower edge of a main body layer; Beard et al (USPN 3449765) directed to first/second stitch lines; Cheng (USPN 7513817) directed to underband layer enclosing lower edge of main body layer; Simpson (USPN 8066546) directed to underband layer bonded to inner/outer surfaces of main body layer; Smith (USPN 3075530), Blythe (USPN 11926937) directed to folding underband; Kallile et al (USPN 12022891) directed to additional functional layers; Weinerth (USPN 6966815) directed to discrete glue dots.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm 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 on 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.
/GRACE HUANG/Primary Examiner, Art Unit 3732