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 .
Status of Claims
Claims 1-20 are pending in this application.
Drawings
The drawings are objected to because Figures 2, 4, 6 and 8 contain multiple components/figures. The examiner respectfully suggests applicant either use a bracket to show how the components/figures are interconnected or label the figures using different figure numbers for each figure (e.g. Fig. 2A, Fig. 2B, Fig
2C, etc.). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
In the instant case there does not appear to be any means for language in the claims and/or language to be considered under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 102 AIA
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, 4-6, 8, 9, 11, 12, 13, 14, 16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Falla US 20060099884 A1 (herein after Falla).
Regarding claim 1, Falla discloses a brassiere (Abstract, as seen in annotated Figures 1, 2A and 7A), comprising: an inner layer (30); an outer layer (34), wherein the outer layer is stacked with the inner layer (30), and at least a portion of the outer layer is bonded (34) to the inner layer via an adhesive (32), wherein at least a portion of an edge of the outer layer extends beyond a corresponding edge of the inner layer (as seen in annotated Figures 1, 2A and 7A, paragraph 0051, claim 161) or at least a portion of an edge of the inner layer extends beyond a corresponding edge of the outer layer, such that the inner layer and the outer layer are misaligned at least along a portion of their edges and a cup (28a and 28b), disposed between the inner layer and the outer layer (as seen in annotated Figures 1, 2A and 7A).
[AltContent: textbox (At least a portion of an edge of the outer layer extends beyond a corresponding edge of the inner layer.)][AltContent: textbox (Inner layer edge)]
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[AltContent: textbox (Outer layer edge)]
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[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (An outer layer.)][AltContent: textbox (An inner layer. )][AltContent: arrow][AltContent: arrow][AltContent: textbox (A cup )][AltContent: connector][AltContent: textbox (Wherein the outer layer is stacked with the inner layer.)][AltContent: textbox (A brassiere. )]
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Regarding claim 4, Falla discloses at least a portion of the edge of the outer layer (34) comprises a lower edge (as seen in annotated Figures 1, 2A and 7A), a neckline edge (as seen in annotated Figures 1, 2A and 7A), or an underarm edge of the outer layer of the brassiere (as seen in annotated Figures 1, 2A and 7A).
Regarding claim 5, Falla discloses at least a portion of the edge of the inner layer comprises a lower edge (as seen in annotated Figures 1, 2A and 7A), a neckline edge (as seen in annotated Figures 1, 2A and 7A), or an underarm edge (as seen in annotated Figures 1, 2A and 7A) of the inner layer of the brassiere (as seen in annotated Figures 1, 2A and 7A).
Regarding claim 6, Falla discloses a support structure (50) disposed between the inner layer and the outer layer (as seen in annotated Figure 7A), wherein the support structure is located in a peripheral region of the cup (as seen in annotated Figure 1).
Regarding claim 8, Falla discloses a lower edge of the outer layer extends beyond a lower edge of the support structure (50, as seen in annotated Figures 1, 2A and 7A).
Regarding claim 9, Falla discloses a lower edge of the inner layer extends (as seen in annotated Figures 1, 2A and 7A) beyond a lower edge of the support structure (50, as seen in annotated Figures 1, 2A and 7A).
Regarding claim 11, Falla discloses the support structure is bonded to the inner layer and the outer layer (paragraph 0066 and 0067).
Regarding claim 12, Falla discloses a shoulder strap connected to at least one of the inner layer and the outer layer (as seen in annotated Figure 10).
[AltContent: textbox (Shoulder strap connected to at least one of the inner layer and the outer layer.)]
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Regarding claim 13, Falla discloses the support structure (50, paragraph 0047- the support structure being a metal wire) has a hardness greater than that of the inner layer (paragraph 0051 – the textile layer being an elastomeric spandex material) and a hardness greater than that of the outer layer (paragraph 0051- the textile layer being an elastomeric spandex material).
Regarding claim 14, Falla discloses the support structure is made of polypropylene, polyamide, resin, silicone, or metal (50, paragraph 0047) coated with resin, and the inner layer and the outer layer are fabric.
Regarding claim 16, Falla discloses a brassiere (Abstract, as seen in annotated Figures 1, 2A and 7A), comprising: an inner layer (30); an outer layer (34), wherein the outer layer is stacked with the inner layer (as seen in annotated Figures 1, 2A and 7A), and at least a portion of the outer layer is bonded to the inner layer via an adhesive (32), wherein at least a portion of an edge of the outer layer extends beyond a corresponding edge of the inner layer (as seen in annotated Figures 1, 2A and 7A, paragraph 0051, claim 161) or at least a portion of an edge of the inner layer extends beyond a corresponding edge of the outer layer, such that the inner layer and the outer layer are misaligned at least along a portion of their edges a cup (28a and 28b), disposed between the inner layer and the outer layer (as seen in annotated Figures 1, 2A and 7A); a support structure (50), disposed between the inner layer and the outer layer (as seen in annotated Figures 1, 2A and 7A), wherein the support structure is located in a peripheral region of the cup (as seen in annotated Figures 1, 2A and 7A); and a shoulder strap (as seen in annotated Figure 10), connected to at least one of the inner layer and the outer layer (as seen in annotated Figure 10).
Regarding claim 19, Falla discloses the at least a portion of the edge of the outer layer comprises a lower edge (as seen in annotated Figures 1, 2A and 7A), a neckline edge (as seen in annotated Figures 1, 2A and 7A), or an underarm edge of the outer layer of the brassiere (as seen in annotated Figures 1, 2A and 7A).
Regarding claim 20, Falla discloses the at least a portion of the edge of the inner layer (as seen in annotated Figures 1, 2A and 7A) comprises a lower edge (as seen in annotated Figures 1, 2A and 7A), a neckline edge (as seen in annotated Figures 1, 2A and 7A), or an underarm edge of the inner layer of the brassiere (as seen in annotated Figures 1, 2A and 7A).
Claim Rejections - 35 USC § 103 AIA
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 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 3, 17 and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Falla US 20060099884 A1 (herein after Falla).
Regarding claim 2, while the brassiere of the combined references discloses all the limitations of claim 2 and further discloses wherein at least a portion of the edge of the outer layer extends beyond the corresponding edge of the inner layer (as seen in annotated Figures 1, 2A and 7A) they do not disclose the amount is 0.1 mm to 2 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified configuration of the layers of Falla by constructing the outer layer extending beyond the corresponding edge of the inner layer to have by 0.1 mm to 2 mm. in order to reduce the bulkiness at the edge. The modification would be a simple modification to obtain predictable results, reducing the bulkiness of the layers and making the bra more comfortable to wear.
Regarding claim 3, while the brassiere of the combined references discloses all the limitations of claim 3 and further discloses wherein at least a portion of the edge of the inner layer extends beyond the corresponding edge of the outer layer (as seen in annotated Figures 1, 2A and 7A) they do not disclose the amount is 0.1 mm to 2 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified the configuration of the layers of Falla by constructing the outer layer extending beyond the corresponding edge of the inner layer to have by 0.1 mm to 2 mm. in order to reduce the bulkiness at the edge. The modification would be a simple modification to obtain predictable results, reducing the bulkiness of the layers and making the bra more comfortable to wear.
Regarding claim 17, while the brassiere of the combined references discloses all the limitations of claim 17 and further discloses wherein at least a portion of the edge of the outer layer extends beyond the corresponding edge of the inner layer (as seen in annotated Figures 1, 2A and 7A) they do not disclose the amount is 0.1 mm to 2 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified configuration of the layers of Falla by constructing the outer layer extending beyond the corresponding edge of the inner layer to have by 0.1 mm to 2 mm. in order to reduce the bulkiness at the edge. The modification would be a simple modification to obtain predictable results, reducing the bulkiness of the layers and making the bra more comfortable to wear.
Regarding claim 18, while the brassiere of the combined references discloses all the limitations of claim 18 and further discloses wherein at least a portion of the edge of the inner layer extends beyond the corresponding edge of the outer layer (as seen in annotated Figures 1, 2A and 7A) they do not disclose the amount is 0.1 mm to 2 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified configuration of the layers of Falla by constructing the outer layer extending beyond the corresponding edge of the inner layer to have by 0.1 mm to 2 mm in order to reduce the bulkiness at the edge. The modification would be a simple modification to obtain predictable results, reducing the bulkiness of the layers and making the bra more comfortable to wear.
Claims 1, 7, 10 and 15, are rejected under 35 U.S.C. 103 as being unpatentable over Hsu US 20060046614 A1 (herein after Hsu) in view of Falla US 20060099884 A1 (herein after Falla).
Regarding claim 1, Hsu discloses a brassiere (Abstract), comprising: an inner layer (20, as seen in annotated Figure 1); an outer layer (10, as seen in annotated Figure 1), wherein the outer layer is stacked with the inner layer (as seen in annotated Figure 1), and a cup (31, as seen in annotated Figure 1), disposed between the inner layer and the outer layer (as seen in annotated Figure 1).
[AltContent: ][AltContent: textbox (The outer layer is stacked with the inner layer.)][AltContent: arrow][AltContent: arrow][AltContent: textbox (An inner layer. )][AltContent: arrow][AltContent: textbox (A cup, disposed between the inner layer and the outer layer.)][AltContent: textbox (An outer layer.)]
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However, Hsu is silent to at least a portion of the outer layer is bonded to the inner layer via an adhesive, wherein at least a portion of an edge of the outer layer extends beyond a corresponding edge of the inner layer or at least a portion of an edge of the inner layer extends beyond a corresponding edge of the outer layer, such that the inner layer and the outer layer are misaligned at least along a portion of their edges.
Falla discloses at least a portion of the outer layer is bonded to the inner layer via an adhesive (paragraphs 0005 and 0012), wherein at least a portion of an edge of the outer layer extends beyond a corresponding edge of the inner layer (as seen in annotated Figures 1, 2A and 7A, paragraph 0051, claim 161) or at least a portion of an edge of the inner layer extends beyond a corresponding edge of the outer layer, such that the inner layer and the outer layer are misaligned at least along a portion of their edges.
Hsu and Falla are analogous art to the claimed invention in that it relates to molded brassiere.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified the brassiere of Hsu by constructing at least a portion of an edge of the outer layer extends beyond a corresponding edge of the inner layer or at least a portion of an edge of the inner layer extends beyond a corresponding edge of the outer layer, such that the inner layer and the outer layer are misaligned at least along a portion of their edges as taught by Falla, in order to create a bonded multi-layer bra that is completely fused but does not have extra weight and thickness. The modification would be a simple modification to obtain predictable results, creating a full support brassiere without extra weight and seams thus making the bra more lightweight and more comfortable to wear.
Regarding claim 7, the modified brassiere of the combined references discloses the support structure comprises a lower support portion (as seen in annotated Figure 1 of Hsu), a side support portion (as seen in annotated Figure 1 of Hsu), and an upper support portion (as seen in annotated Figure 1 of Hsu), wherein the lower support portion (as seen in annotated Figure 1 of Hsu), the side support portion (as seen in annotated Figure 1 of Hsu), and the upper support portion are sequentially connected end-to-end as an integrated structure (as seen in annotated Figure 1 of Hsu), wherein the lower support portion is positioned below a wearer's breast when the brassiere is worn (as seen in annotated Figure 1 of Hsu), the side support portion is positioned on a lateral side of the wearer's breast when the brassiere is worn (as seen in annotated Figure 1 of Hsu), and the upper support portion is positioned above the wearer's breast when the brassiere is worn (as seen in annotated Figure 1 of Hsu).
[AltContent: arrow][AltContent: textbox (Cup)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (A lower support portion. )][AltContent: textbox (The side support portion is positioned on a lateral side of the wearer's breast when the brassiere is worn.)][AltContent: textbox (Wherein the lower support portion is positioned below a wearer's breast when the brassiere is worn. )][AltContent: textbox (An upper support portion.)][AltContent: textbox (A side support portion.)][AltContent: textbox (Support structure)][AltContent: connector][AltContent: ]
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Regarding claim 10, the modified brassiere of the combined references discloses the support structure is sheet-shaped (as seen in annotated Figure 1 of Hsu) and is stacked with the inner layer and the outer layer (as seen in annotated Figure 1 of Hsu).
Regarding claim 15, the modified brassiere of the combined references discloses a support structure (as seen in annotated Figure 1 of Hsu), the support structure disposed between the inner layer and the outer layer (as seen in annotated Figure 1 of Hsu), wherein the support structure is located in a peripheral region of the cup (as seen in annotated Figure 1 of Hsu), the support structure comprises a lower support portion and a side support portion (as seen in annotated Figure 1 of Hsu), wherein the lower support portion and the side support portion are connected as an integrated structure (as seen in annotated Figure 1 of Hsu), wherein the lower support portion is positioned below a wearer's breast when the brassiere is worn (as seen in annotated Figure 1 of Hsu), and the side support portion is positioned on a lateral side of the wearer's breast when the brassiere is worn (as seen in annotated Figure 1 of Hsu).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE M FERREIRA whose telephone number is (571)270-5916, fax number (571) 270-6916. The examiner can normally be reached on Monday - Thursday 9:00 am- 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, ALISSA J. TOMPKINS, at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Catherine M. Ferreira/
Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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