DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species III, directed to claims 1-13, in the reply filed on 04/22/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 2, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,134,294 A to Yerkes.
For claim 1, Yerkes discloses an upper-body support garment (col. 1, lines 1-9) comprising:
a front portion (1, 2) configured to cover at least a portion of a wearer's chest (fig. 1);
the front portion connected to a first shoulder strap (9, 23) and a second shoulder strap (10, 24) and to a lower band (13, 14);
a first elastic strap coupled to the first shoulder strap at a position above the front portion (fig. 1) and coupled to the lower band at a position proximate a center of the lower band (col. 1, lines 45-49) (annotated fig. 2 below); and
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a second elastic strap coupled to the second shoulder strap at a position above the front portion (fig. 1) and coupled to the lower band at the position proximate the center of the lower band (col. 1, lines 45-49) (annotated fig. 2 above).
For claim 2, Yerkes discloses the upper-body support garment of claim 1, wherein the first elastic strap and the second elastic strap are positioned internal to at least a portion of the front portion (fig. 2).
For claim 4, Yerkes discloses the upper-body support garment of claim 1, wherein each of the first elastic strap and the second elastic strap extend diagonally between a top margin of the lower band and one of the first shoulder strap or the second shoulder strap (See figs. 1 and 2).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yerkes as applied to claim 1 above, and further in view of US 2004/0224603 A1 to Kaye.
For claim 3, Yerkes discloses the upper-body support garment of claim 1, but does not specifically disclose wherein the front portion comprises a plurality of mesh panels that at least partially overlap.
However, attention is directed to Kaye teaching an analogous brassiere (Abstract). Specifically, Kaye teaches the layers forming the front panel are preferably made of a power mesh material for purposes of enhancing the aesthetics and the overall breathability of the breast cups (paras 0032-0035 of Kaye). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Yerkes would be modified wherein the front portion comprises a plurality of mesh panels that at least partially overlap, particularly power mesh, for purposes of enhancing the aesthetics and the overall breathability of the breast cups, as taught by Kaye (paras 0032-0035 of Kaye).
Allowable Subject Matter
Claims 5-13 are allowed over the prior art of record as none of the references, alone or in combination, disclose, among other features, a front portion comprising an external panel being affixed to a lower band and the lower edge of the front portion comprises a concave cutout; and wherein a first internal panel extends laterally beyond a first side edge of the external panel and is also exposed through the concave cutout and a second internal panel extends laterally beyond a second side edge of the external panel and is also exposed through the concave cutout.
The closest prior art of record includes US 2016/0360801 A1 to Sze, US 2015/0056890 A1 to Black, US 2012/0122370 A1 to Heath, and US 3,393,682 A to Cole.
Sze discloses what can be considered a support garment including a front portion having an external panel (120), a lower band (126), and an internal panel (122); and includes a cutout (118 at central location and proximate to lower band 126). Although Sze teaches what may be considered the internal panel exposed through the cutout (see fig. 3), Sze does not specifically disclose the internal panel is a first and second as distinct internal panels that extend laterally beyond a first side edge and a second side edge of the external panel.
Black discloses what can be considered a support garment including a front portion having an external panel (120) connected to a lower band (300) at a lower edge and wherein the lower edge comprises a concave cutout (area around 150) and an additional panel (150). However, Black does not disclose the additional panel is internal to the external panel nor does the additional panel extend beyond a first side edge and a second side edge of the external panel.
Heath discloses what can be considered a support garment including a front portion having an external panel (103), connected to a lower band (112) at a lower edge and wherein the lower edge comprises a concave cutout (106) and an internal panel (170) that may be exposed through the cutout (fig. 8). However, Heath does not disclose the additional panel is a first and second distinct internal panels that extend laterally beyond a first side edge and a second side edge of the external panel (fig. 1).
Cole discloses what can be considered a support garment including a front portion having external panels (30, 40), a lower band (70), and a first and a second internal panel (10, 20); and a cutout (area around 60), and wherein the first and the second internal panels extend laterally beyond a first side edge and a second side edge of the external panels (30, 40) (fig. 1). However, Cole does not disclose wherein the first internal panel and the second internal panel is exposed though the concave cutout.
Modification of the cited prior art to include the claimed features would be a hindsight reconstruction based on applicant’s disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICK I LOPEZ whose telephone number is (571)272-3262. The examiner can normally be reached Monday - Friday: 9:00am - 5:30pm EST.
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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.
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/ERICK I LOPEZ/Examiner, Art Unit 3732
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