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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/27/26 has been entered.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: support for the following form claim 1 needs to be provided “gusset part portion”, “crotch portion”, “left intermediate connecting material”, “right connecting material”, “upper zone”, “lower zone”, “delimiting area”.
Claim Objections
Claim 3 is objected to because of the following informalities: “would be located” should be amended to” is configured to be located”. 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regrading claim 1, it is unclear in line 14 what is required by the limitation “the gusset part when worn extends..”, what does the gusset part do extend from when not worn? Is the gusset structure part of the garment structure or is it something that only functions when worn?
In regard to claim 1, it is unclear what “exercises compression” (both instances) requires structurally of the gusset part portion/upper zone, is this a specific compression of the materials or just what happens when placed on a user. What structure makes the upper zone more compressive than the delimiting zones? It is unclear what structure is required of the gusset to read on the limitations to function as claimed.
Claim 1 recites the limitation "the opposite ends". There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 6, it is unclear what “in such compression zones” and “respective parts” are referring to structurally of the man’s garment.
Any remaining claims are rejected depending from a rejected base claim.
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(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frantz et al. (US 10,053,804) in view of Reilly et al. (US 2021/0059864).
In regard to claim 1, Frantz teaches a man's garment without seams comprising: a left leg front and back portion and a right leg front and back portion merging into each other at the crotch portion into a gusset part portion which connects to a front pouch portion and a back pouch portion (see annotated figures 1 and 2 below), the front pouch comprising a non-compression front pocket (see annotated figure below and pocket: 108 and pouch is 108 and connective tissue 112, 114, 116) and the gusset part portion having a high compression zone to provide compression onto the man's groin area when in use (gusset: 104 and 118, 118 is high compression zone of gusset), wherein the front pocket connects to the left leg front portion with a left intermediate connecting material and the front pocket connects to the right leg front portion with a right intermediate connecting material (pocket: 108 and left and right intermediate connecting material 112, 114, 116, see annotated figure below), wherein the left intermediate connecting material and the right intermediate connecting material comprise part of the front pouch portion (see annotated figure below); which the left intermediate connecting material and the right intermediate connecting material are arranged to provide compression to the man's upper legs when in use (column 5, lines 1-29 and lines 37-48), the gusset part portion has an upper zone that extends from the front pouch portion to a lower zone on the opposite ends of the left leg front portion and the right leg front portion, (see annotated figures below), wherein the gusset part portion exercises compression at the inner left leg and the inner right leg of the man wearing the garment when in use (gusset: 104, 118, leg band portion 122 of gusset is knit with a higher compression than the remainder of the garment: column 6, lines 11-19).
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However, Frantz et al. fails to teach the upper zone exercises compression that is higher than compression exercised by the lower zone at the inner left leg and the inner right leg of the man wearing the garment when in use, and the upper zone comprises an area of increased compression and a delimiting area, wherein the area of increased compression comprises increased compression in comparison with the delimiting areas that delimit this area of increased compression, which delimiting areas that delimit the area of increased compression are at the same height with reference to the front pocket when in use.
Reilly et al. teaches a gusset part portion having an upper zone exercises compression that is higher than compression exercised by the lower zone at the inner left leg and the inner right leg of the man wearing the garment when in use (see figure 12, and paragraph 0040; see higher and lower areas of compression along the upper thigh portions), and the upper zone comprises an area of increased compression and a delimiting area (see higher vs. lower zones: figure 12), wherein the area of increased compression comprises increased compression in comparison with the delimiting areas that delimit this area of increased compression, which delimiting areas that delimit the area of increased compression are at the same height with reference to the front pocket when in use (see paragraph 0040 and lighter and darker shaded areas that are along the same height: figure 12).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the gusset compression parts of Frantz et al. with the stepped in gradual compression zone as taught by Reilly et al., since the gusset compression part of Frantz et al. provided with higher compression areas and delimiting areas would provide a compression garment with varied compression zones to provide support to the user’s genital and surrounding area based upon anatomy.
In regard to claim 2, Frantz et al. teaches wherein the non-compression front pocket (pouch region: 108) is arranged to avoid during use compression at the genital area of the men wearing the garment (column 4, lines 7-34, detailing the body fabric including pouch vs. compression regions).
In regard to claim 3, Frantz et al. teaches wherein the man’s garment has a top end that would be located on or above the man’s wait when in use (see figure 1), wherein the left intermediate connecting material and the right intermediate connecting material comprises different compression parts (areas: 112, 114 and 116) such that compression increases going down from an upper compression part that is on the man's garment and located at or near the top end of the man’s garment to a lower compression part that is on the man's garment and located closure to the gusset part portion (see figure 1 and column 5, lines 20-29 and lines 39-48, detailing that section 116 has the even more stretch resistance than sections 112, 114).
In regard to claim 4, Frantz et al. teaches wherein the garment is manufactured through circular knitting to avoid seams (column 3, lines 57-59).
In regard to claim 5, Frantz et al. teaches wherein the garment is manufactured of material comprising a combination of polyamide and elastane (column 7, lines 12-15 teaches the fabric to be made of nylon (polyamide) and spandex yarns (elastane)).
In regard to claim 6, Frantz et al. teaches a level of compression applied to the man’s groin and legs by respective parts of the man's garment are provided by adjusting thickness and density of the left intermediate connecting material and the right intermediate connecting material in such compression parts (column 5, lines 2-48, detailing how the compression is created with density and thickness).
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frantz et al. (US 10,053,804) in view of Reilly et al. (US 2021/0059864) as applied to claim 1 above, and further in view of McLaren et al. (US 2012/0222187).
Frantz et al. and Reilly et al. fail to teach the specific compression of the parts of the garment.
In regard to claims 7-8, McLaren et al. teaches a lower torso garment with more elastic regions and more compressive regions, wherein the compression region has a compression of up to at least 32 mm Hg and a compression up to at least 40 mm Hg (paragraph 0014).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the compression parts of Frantz et al. and Reilly et al. with a compression of up to at least 32 mm Hg or a compression up to at least 40 mm Hg as taught by McLaren et al., since the compression parts of Frantz et al. and Reilly et al. being up to at least 32 mm Hg or at least 40 mm Hg would provide compression parts that provides therapeutic support to the user’s body during wear (see McLaren et al.: paragraph 0014).
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on the prior rejections and interpretations of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
