DETAILED ACTION
This is in response to application filed on July 22nd, 2025 in which claims 1-20 were 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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-12) and Species A (Figs. 1-7) in the reply filed on 2/17/26 is acknowledged.
Claim(s) 13-20 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected embodiment, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/17/26.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference sign(s) not mentioned in the description:
Fig. 2 reference 198
Fig. 3 reference 1106
Fig. 3 reference 1108
The drawings are further objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
“first inner thigh portion” in Claim 1 Lines 13-14 is not labeled
“second inner thigh portion” in Claim 1 Line 16 is not labeled
The following objection is made for the purposes of compact prosecution though the claim(s) is/are currently withdrawn;--
Claim 13 Line 2 “front edge” is not labeled
Claim 14 “first width is greater than a first length” is not in the drawings
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.
Specification
The disclosure is objected to because of the following informalities:
[0018] delete “Second’ and substitute –fourth—
[0041] “FIG 2” should read “FIG. 2”
[0042] after “elongated trunk” add –130—as established in [0048]
[0047] after “elongated trunk” add –130—; occurs three times
[0047] last sentence delete “a point” and substitute –at a point 135—based on [0042]
[0052] in “that a conventionally-fitted lower-body garment”, delete “that” and substitute –than that of—
[0053] recites angle A1 of Fig. 3, but A1 was not previously discussed; see drawing objections such as 1106 and 1108
[0055] first sentence after “first panel wing side edge” add –171—
[0055] “One joined” should read “Once joined”
[0058] “Figs. 8A-B” needs review whether it should read “Figs. 8A-8C”
[0058] “back waist panel 813” should read “back waistband panel 813”
[0059] “Figs. 9A and 9B” need review whether it should read “Figs. 9A-9C”
[0060] first sentence after “garment 1010” add –as shown in Figs. 10A-10C—
[0061] “such as this first panel wing 170” should read “such as the first panel wing 170”
Appropriate correction is required.
Claim Objections
Claim(s) 11 is/are objected to because of the following informalities:
Claim 11 has an extra period in front of the preamble
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) 1-12 is/are rejected under U.S.C. 112(b).
The term “first inner thigh portion of the first leg portion…second inner thigh portion of the second leg portion” in Claim 1 Lines 13-16 is unclear and therefore renders the claim indefinite. Especially in light of the drawing objections, it is unclear where the thigh portions are located. For the purposes of applying art and providing rejections, the term will be considered met inasmuch as first/second leg portions exist.
The term “the front portion, the first panel wing and the second panel wing comprise a front panel” in Claim 1 Lines 17-18 is unclear and therefore renders the claim indefinite. As best understood, front portion 132, first panel wing 170, and second panel wing 172 are part of a front panel, and do not comprise a front panel. Possible substitutions also include “constitute”, “make up”, though other amendments will be considered. “A comprises B” indicates that A is the overarching structure while B is a portion of the overarching structure. For the purposes of applying art and providing rejections, the term will be considered “part of.”
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parrish (USPN 5842232).
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 and a second leg portion extending from the pelvic portion (see Fig. 2; Col. 2 Lines 42-47 “elastic leg band 12A…elastic leg band 12B”, wherein the existence indicates extent; Parrish teaches the first/second portions which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for first/second legs, 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 comprise a front panel (see Figs. 1-3).
Regarding Claim 2, Parrish teaches the lower-body garment of claim 1, 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, Parrish teaches the lower-body garment of claim 2, 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, Parrish teaches the lower-body garment of claim 3, 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 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) 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parrish (USPN 5842232) 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 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 6.
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 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).
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: Carlino et al (US Publication 2023/0225437), Speth et al (USPN 5271101), Barnes (USPN 2125482) directed to crotch gusset; Biodrowski et al (US Publication 2017/0290374), Shoemaker (US Publication 2013/0291287), Portela (USPN 6539554), Spare (USPN 2505219), Wexler (US Publication 2013/0042394), Wexler (USPN 9713351), Hasegawa et al (USPN 6807685) directed to lower-body garment with crotch gusset; Grosse (US Publication 2015/0128331), Shaull (USPN 4300241), Kang (USPN 6026517), McQueen (USPN 5207663), Towner (USPN 6145132), Belardinelli (USPN 5708986) directed to lower-body garment with back and side seams; Miller (USPN 2493357) directed to back seam; Wheeler (US publication 2010/0298799) directed to side seams; Ha (US Publication 2008/0066213) directed to continuous front panel/crotch gusset; Heinig (USPN 3946579), Reis (USPN 2356696), Harper (USPN 4133054) directed to leg panels; LeSavoy (USPN 2065381), Miller (USPN 2513039), Gross (USPN 1425008) directed to a front panel shorter than a rear panel.
Tan et al (US Publication 2025/0351896) also considered pertinent, directed to crotch gusset.
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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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.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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