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 .
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.
In regard to claim 1, it is unclear how the intermediate connecting material and the gusset are structured and relate to one another. The language details that the gusset connected to the front pouch and the right and left leg, while the connecting material of the pouch connects the right leg and left leg to the pocket. It is unclear how all these structures are arranged and are attached to one another. Are the gusset and the intermediate connecting material the same structure?
Regarding claim 1, it is unclear if “both intermediate connecting materials” in lines 7-8 are in addition to the “left intermediate connecting material” and the “right intermediate connecting material” previously recited in the claim. For examination purposes, the examiner is interpreting “both intermediate connecting materials” to be the right and left previously recited connecting materials, but the claims need to be amended to make this clear.
Regarding claim 1, it is unclear what structure is required of the gusset part in lines 11-21, since the limitations are directed to a human body and not to the garment structure, it is unclear what garment structure is being required of the gusset and where the gusset along the garment. The garment structure should be presented and then detailing where along the garment structure the gusset extends so that the claimed structure is definite and not based on a variable user’s body while being worn.
Regarding claim 1, it is unclear how the gusset part comprise compression at the user’s inner legs, compression at the man’s groin area, greater compression adjacent the man’s groin and then delimiting or lesser compression areas at the man’s groin area. What is the gusset on the garment, how does it extend, and what is the compression along the gusset?
Regarding claim 3, it is unclear where the connecting tissue extends based upon garment structure, since the referenced points of the connecting tissue are based upon human anatomy. Applicant has amended to the claims to recite both garment structure and human anatomy, which makes the location indefinite. The claims should state where the structure is located on the garment and then detail how it functions to support the man’s body when worn.
Regarding claim 6, it is unclear what “a desired level of compression” is requiring of the garment. Is this detailing how the garment is made, the structure of the garment, or something as “desired”. It is unclear if further garment structure is being required of the claim or not. Further, it is unclear what “intermediate connecting material” is referring to, is this additional connecting material from the left and right already recited in claim 1. It is unclear what structure is required to read on the claim.
Any remaining claims are rejected depending from a rejected base claim.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frantz et al. (US 10,053,804).
In regard to claim 1, 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 a crotch into a gusset part which connects to a front pouch and a back pouch (see annotated figure 1 below), the front pouch comprising a non-compression front pocket (see annotated figure below and pocket/pouch: 108) and the gusset part extending along the man's groin area (gusset: 112, 114, see annotated figure below), wherein the front pocket (108) connects to the left leg front portion with a left intermediate connecting material (116) and the front pocket connects to the right leg front portion with a right intermediate connecting material (116), wherein both intermediate connecting material parts of the front pouch (pocket: 108 and connecting material 116, 116, see annotated figure below), which intermediate connecting material comprise parts of the front pouch (see annotated figure below), which intermediate connecting materials (116, 116) are arranged to provide during use compression to the man's upper legs (column 5, lines 37-48), the gusset part when worn ranges from the man's groin area into portions of the left leg and the right leg (see annotated figures below), wherein the gusset part (112, 114) when worn exercises during use compression at the inner left leg and inner right leg of the man wearing the garment (see annotated figure below, lower 112, 114), the gusset part comprises compression zones such that the compression is higher when worn in an area close to the man’s groin than in an area that is more distant from the man’s groin (112,1 14), and on the man’s garment located immediately adjacent to the man’s groin area when worn, the gusset part comprises an area of increased compression and a delimiting area (112: delimiting area and 114: increased compression: column 5, lines 37-48), wherein the area of increased compression comprises increased compression in comparison with the delimiting areas that delimit the area of increased compression, which delimiting areas that delimit the increased compression are at the same height with reference to the man's groin when worn as the area of increased compression (all within same height along garment, see annotated figure below).
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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 intermediate connecting materials comprises different compression parts (areas: 116, 116) such that compression increases going down from an upper compression part that is closer to the man's garment and located closer to the man’s waist than a lower compression part that is closer to the man's crotch (see annotated figure above, areas 116 have greater width and greater compression towards the man’s groin than the upper thinner areas of 116).
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 tissue comprising a combination of polyamide and elastin (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 desired 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 intermediate connecting material in such compression zones (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 McLaren et al. (US 2012/0222187).
Frantz et al. fails 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.. in 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. 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 any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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
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