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 .
Response to Amendment
The amendment filed 7/8/26 has been entered. Claims 1-5, 7-12 remain pending in the application. Applicant’s amendments to the (Specification, Drawings, and Claims) have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 4/8/26.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parrish (USPN 5842232) in view of Yoo (KR 102421461).
Regarding Claim 1, Parrish teaches a lower-body garment (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Figs. 1-3; Col. 2 Lines 30-31 "Figs. 1, 2, and 3, there is shown a panty"; Parrish teaches the panty garment which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a lower-body) comprising:
a pelvic portion comprising a waist opening, a front side, and a back side (see Figs. 1, 2; Col. 2 Line 48 "elastic waistband 11", where Fig. 1 shows a back side, Fig. 2 shows a front side; Fig. 3 shows waist opening at waistband 11; Col. 2 Lines 14-15 “Fig. 2 is a front…view”; Parrish teaches the portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a pelvis; Parrish teaches the opening which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a waist);
a first leg portion extending from the pelvic portion and terminating in a first leg opening (see Fig. 2; Col. 2 Lines 42-47 “elastic leg band 12A…elastic leg band 12B” with first leg opening at 12A, wherein the existence indicates extent; Parrish teaches the first portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a first leg, especially in light of the recitations); and
and a second leg portion extending from the pelvic portion and terminating in a second leg opening (see Fig. 2; Col. 2 Lines 42-47 “elastic leg band 12A…elastic leg band 12B” with second leg opening at 12B, wherein the existence indicates extent; Parrish teaches the second portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a second leg, especially in light of the recitations); and
a crotch gusset (18+16) (Col. 2 Line 44 "crotch section 18"; Col. 2 Line 39 "front section 16"; wherein the elements are a gusset as the existence enlarges the overall garment, see extrinsic evidence Oxford NPL), wherein:
the back side comprising a first back panel and a second back panel joined by a back seam extending from the waist opening to the crotch gusset (see Fig. 1; Col. 2 Lines 31-36 "rear portion of the panty is formed of two rear exterior panel sections 10A and 10B and two rear interior panel sections 19A and 19B. Sections 10A and 10B are stitched together; sections 19A and 19B are stitched together; and sections 10A, 10B are stitched to sections 19A, 19B by a center seam 13"),
the crotch gusset comprises:
an elongated trunk that extends from the waist opening to the back seam (see Figs. 2, 3 for 18+16; see annotated excerpt of Fig. 3 below for clarification),
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the elongated trunk comprising a front portion (see Figs. 2, 3);
a first panel wing that extends from the front portion to the first back panel (see Figs. 2, 3; Col. 2 Lines 36-39 "the rear sections 10A and 19A are joined to front section 16 along side seam 15A. The rear sections 10B and 19B are jointed to front section 16 along side seam 15B"; see annotated excerpt of Fig. 3 below for clarification for portion of panel wing that is on 18; the rest of 16 that is not of the elongated trunk are of panel wings, and therefore attach to back panel at side seams 15A (for first panel wing) and 15B (for second panel wing));
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and a second panel wing that extends from the front portion to the second back panel (see above);
a first gusset wing that extends from the elongated trunk and along a first inner thigh portion of the first leg portion (as best understood in light of the 112(b) rejections-- see annotated excerpt of Fig. 3 below; Parrish teaches the first leg portion having a first inner portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a thigh); and
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a second gusset wing that extends from the elongated trunk and along a second inner thigh portion of the second leg portion (as best understood in light of the 112(b) rejections--see above; Parrish teaches the second leg portion having a second inner portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a thigh);
wherein the front portion, the first panel wing and the second panel wing are part of a front panel (see Figs. 1-3); and
wherein the first gusset wing comprises a first gusset wing edge and the first leg portion comprises a first leg opening (Parrish teaches the wing and therefore the edge, and a first leg opening at 12A)
with at least a portion of a perimeter of the first leg opening being comprised by the first gusset wing edge (Fig. 3).
Parrish does not explicitly teach the crotch gusset is a seamless textile panel.
Yoo teaches the crotch gusset being a seamless textile panel (see Fig. 1 for panel; for textile-- [026] “one-sided fabric (10)”; “sweatband (30) made of…fabric”, wherein fabric is textile; for seamless panel—see Fig. 1; [30] "sweatband (30) is integrally extended from the lower part of the one-sided fabric (10)").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Parrish’s crotch gusset (front 16 + gusset 18) to be seamless as taught by Yoo for easier manufacturing.
Regarding Claim 2, modified Parrish teaches all the claimed limitations as discussed above in Claim 1.
Parrish further teaches wherein: the first back panel comprises a first back edge and a first side edge (the back edge by 13; side edge by side);
the second back panel comprises a second back edge and a second side edge (back edge by 13; side edge by side);
the first back edge and the second back edge are joined by the back seam (see Figs. 1, 3); and
the first panel wing is joined to the first side edge and the second panel wing is joined to the second side edge (Col. 2 Lines 36-39 "The rear sections 10A and 19A are joined to front section 16 along side seam 15A. The rear sections 10B and 19B are jointed to front section 16 along side seam 15B").
Regarding Claim 3, modified Parrish teaches all the claimed limitations as discussed above in Claim 2.
Parrish further teaches wherein the first panel wing comprises a first top edge and the second panel wing comprises a second top edge (see Fig. 2)
with the first top edge and the second top edge being adjacent to the waist opening (see Fig. 2).
Regarding Claim 4, modified Parrish teaches all the claimed limitations as discussed above in Claim 3.
Parrish further teaches wherein the crotch gusset tapers to a point adjacent to the back seam (see Figs. 3, 4; at least a portion of the crotch gusset from the front tapers before reaching back seam).
Claim(s) 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parrish (USPN 5842232) in view of Yoo (KR 102421461), further in view of Nearman (US Publication 2014/0101826).
Regarding Claim 5, Parrish teaches all the claimed limitations as discussed above in Claim 4.
Parrish does not explicitly teach wherein the first leg portion comprises a first leg panel that is affixed to the first panel wing and the first back panel.
However, see Parrish Fig. 3—if there are leg panels at 12A, 12B, the leg panels would therefore be to the first panel wing and the first back panel.
Nearman teaches wherein the first leg portion comprises a first leg panel (see Figs. 5-8; [0037] Referring now primarily to FIGS. 5-8, during assembly the right leg body 200 is permanently attached to the panty portion 100 by attaching the right leg panel upper edge 206 to the panty right leg band, for example, by sewing an uppermost portion of the right leg panel 202 (adjacent upper edge 206) to an elastic interface disposed at a right leg panel interconnection seam 250 and sewing the right leg band to the elastic interface, thereby attaching the two materials via an elastic interface"; [0038] Likewise, during assembly the left leg body 300 is permanently attached to the panty portion 100 by attaching the left leg panel upper edge 306 to the panty left leg band, for example, by sewing an uppermost portion of the left leg panel 302 (adjacent upper edge 306) to an elastic interface disposed at a left leg panel interconnection seam 350 and sewing the left leg band to the elastic interface, thereby attaching the two materials via an elastic interface"; [0040] "left and right leg panel lower bands 220, 320").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Parrish’s leg portions (at 12A, 12B) with the leg panels of Nearman as a known arrangement for undergarments to provide fit and modesty ([0002]).
Regarding Claim 6, modified Parrish teaches all the claimed limitations as discussed above in Claim 5.
Modified Parrish further teaches wherein the first gusset wing comprises a first gusset wing edge and the first leg portion comprises a first leg opening (Parrish teaches the wing and therefore the edge, and a first leg opening at 12A, which would still exist in view of Nearman, as Nearman teaches 250 in Fig. 7)
with at least a portion of a perimeter of the first leg opening being comprised by the first gusset wing edge (see Parrish Fig. 3).
Regarding Claim 7, modified Parrish teaches all the claimed limitations as discussed above in Claim 1.
Parrish further teaches wherein the first panel wing is joined to the first side edge along a first panel wing edge (See 15A in Fig. 3);
and the front portion comprises a first peripheral edge between the first panel wing edge and the first gusset wing edge (wherein the peripheral edge is the most concave portion of 18 in Fig. 3; see annotated excerpt of Fig. 3 below for clarification).
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Modified Parrish further teaches and the first leg panel is affixed to the first panel wing and the first gusset wing along the first peripheral edge (wherein 12A, 12B of Parrish would be where leg panels are from Nearman, and therefore along peripheral edge/most concave part of 18 along 12A, 12B).
Regarding Claim 8, modified Parrish teaches all the claimed limitations as discussed above in Claim 7.
Parrish further teaches wherein a portion of the first peripheral edge is closer to a midline defined by the back seam than the first gusset wing edge (see rejection of Claim 7, wherein peripheral edges are most concave portion and therefore closer to back seam than first gusset wing edge).
Regarding Claim 9, modified Parrish teaches all the claimed limitations as discussed above in Claim 8.
Parrish further teaches wherein the first leg portion comprises a leg band adjacent the perimeter of the first leg opening (Col. 2 Lines 42-43 "elastic leg band 12A stitched to the leg opening"; Col. 2 Lines 45-46 "elastic leg band 12B is stitched to the leg opening", wherein leg opening as established in Claim 6 is of 12A, 12B of Parrish).
Regarding Claim 10, modified Parrish teaches all the claimed limitations as discussed above in Claim 9.
Parrish further teaches wherein the leg band is defined by stitching circumscribing the first leg opening (Col. 2 Lines 42-46 "elastic leg band 12A stitched to the leg opening...elastic leg band 12B is stitched to the leg opening”; see Fig. 3 for circumscribing).
Claim(s) 11, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parrish (USPN 5842232) in view of Yoo (KR 102421461), further in view of Sepello et al (USPN 12343240), herein Sepello.
Regarding Claim 11, modified Parrish teaches all the claimed limitations as discussed above in Claim 1.
Parrish seems to teach wherein a portion of the front panel is stretched when donned by a wearer in a standing position (Parrish teaches the front panel which meets the structural limitations in the claims and performs the functions as recited such as being capable of stretching when donned standing as recited, especially based on the size of the user).
Nevertheless, Sepello further teaches wherein a portion of the front panel is stretched when donned by a wearer in a standing position (Col. 7 Lines 39-45 "directional elastic stretch characteristics within the crotch portion 130 are important to provide a pant with a crotch portion that is both comfortably and securely held against the wearer's body surfaces…through normal ranges of body positions and movements"; see Figs. 5A, 5B; Col. 7 Line 63-Col. 8 Line 4 "front and rear waist portions 100, 120...may be formed of...fabric...exhibiting...elasticity"; Sepello teaches elastic front portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of stretching when donned standing as recited).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Parrish’s panel material to be elastic as taught by Sepello as a known material for lower-body garments in order to secure the garment against the wearer’s body (Col. 7 Lines 39-45).
Regarding Claim 12, modified Parrish teaches all the claimed limitations as discussed above in Claim 11.
Modified Parrish further teaches wherein the portion of the front panel transitions to a less stretched state when the wearer leans forward from the standing position (modified Parrish teaches the elastic front panel portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of transitioning to a less stretched state when the user leans forward from standing as recited, especially as any material, such as elastic, is capable of gathering/bunching when bent/leaned forward and therefore would be a less stretched state).
Response to Arguments
Applicant’s arguments with respect to claims 1-5, 7-12 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations.
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 extension fee 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 date of this final action.
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.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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