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 5/18/26 has been entered. Claims 1-20 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 2/26/26.
Examiner Amendment Declined by Applicant
For compact prosecution, a courtesy call was made by examiner on 6/10/26 to propose examiner amendments, and notifying applicant to fix the priority issues. However, an office action was requested instead.
Priority
Acknowledgment is made of applicant's claim for foreign priority. It is noted, however, that applicant has not filed a certified copy as required by 37 CFR 1.55. Specifically: the priority document electronically retrieved by the office as a courtesy on 8/22/25 and 2/3/26 are missing Fig. 1 and therefore not the correct document. Applicant is required to submit a certified copy.
Drawings
The drawings are 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):
Claim 14 “bust support area…extends continuously onto the upper back covering portion, a support region is formed on the …upper back covering portion” is not properly labeled in Fig. 2 back portion; the recitation is supported in [0055], but bust support area 13 is only shown in Fig. 1 front portion wherein Fig. 2 back portion only shows support region 121 and does not show the extent of bust support area 13 onto the back region
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.
Claim Objections
Claim(s) 14, 18 is/are objected to because of the following informalities:
Claim 14 Line 8 before “onto the upper back covering portion” add –from the chest covering portion—in order to be clear where the extension comes from to further “extend onto” the back; appropriate correction is required
Claim 18 Line 9 has improper amendment annotations; the term “around” was deleted but the term is not found with a strikethrough in the claim; as a courtesy, the amendments are prosecuted on their merits; however, future issues may warrant a notice of non-compliance; any additional objections and/or rejections necessary as a result of missed amendment annotations will not constitute a new objection/rejection
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 Lines 17-19 “textile tension of the bust support area being greater than textile tension of a spacer area between the bust support area and the abdominal compression panel” is considered new matter. Though [0007] recites that “the textile tension of the bust support area being greater than the textile tension of adjacent areas around the bust support area”, there is no support for a spacer structure in the original disclosure, as a spacer has a plain and ordinary meaning in the art as being two layers with a connecting element in between. However, based on Fig. 1 having an area between bust support area 13 and the abdominal compression panel 40, and in view of [0007], examiner recommends substituting with the term “an area”.
Claim 8 Lines 3-5 “textile tension of the back support area being greater than the textile tension of adjacent areas laterally adjacent to the back support area” is considered new matter. There is no support in the original disclosure for what constitutes lateral, let alone laterally adjacent. Upon further review, based on the disclosure in [0065] indicating that textile tension is provided such as utilizing a 2x1 rib knitting for greater textile tension than 40G plain weave, use of the original term “around” is recommended.
Claim 9 Lines 6-7 “textile tension of the buttocks support area being greater than the textile tension of areas inward of the buttocks support area” is considered new matter. There is no support in the original disclosure for what constitutes inward, let alone in the context recited. Upon further review, based on the disclosure in [0067] indicating that textile tension is provided such as utilizing a 2x1 rib knitting for greater textile tension than 40G plain weave, use of the original term “surrounding” is recommended.
Claim 18 Lines 8-10 is new matter for reasons similarly indicated for Claim 8.
Claim 18 Lines 17-19 is new matter for reasons similarly indicated for Claim 9.
Dependent claims are rejected at the least for depending on rejected claims.
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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, in view of Waldman et al (USPN 11857009), herein Waldman.
Regarding Claim 18, Solano teaches a shapewear 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. 6, 7; Col. 5 Lines 43-44 "body shaper garment 50 with an integral top 51 and a modesty skirt 64"; Solano teaches the garment which meets the structural limitations in the claims and performs the functions as recited such as being capable of being shapewear), comprising:
an upper portion configured to extend around a wearer's chest and upper back when worn (see Fig. 6 front for where 52 is annotated and corresponding area in in Fig. 7 rear ; Solano teaches the upper portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of extending as recited);
a middle portion connected to the upper portion and located below the upper portion (see Fig. 6 for Col. 5 Lines 45 "triple layer abdominal region 60" and corresponding area in Fig. 7; connected as an integral invention),
the middle portion comprising an abdominal covering portion and a lower back covering portion (Col. 5 Lines 45-46 "triple layer abdominal region 60 compresses the tummy below the breasts"; Col. 5 Lines 51-57 "The abdominal compression area 60 includes an inner skin contact first compressive porous layer capable of emitting body sweat therethrough, a middle second stronger compressive layer comprising a textured porous second stronger compressive mesh layer and an outer sweat porous first compressive layer"; wherein the abdominal covering is at least the outer layer and innermost layer; wherein the lower back covering portion is the corresponding area in Fig. 7),
the abdominal covering portion configured to cover a wearer's abdomen when worn, the lower back covering portion configured to cover a wearer's lower back when worn (Solano teaches the abdominal covering portion and lower back covering portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering as recited, respectively, especially in light of the recitations);
a back support area is disposed on the lower back covering portion (Col. 2 Lines 38-40 "rear back portion of the garment can be three layers, like the front portion"; as such, see Fig. 7 for Col. 5 Lines 51-52 "abdominal compression area 60" on back in light of Col. 2 Lines 38-40 "rear back portion of the garment can be three layers, like the front portion"; Col. 2 Lines 13-15 "For the woman's body suit, the outer layer of the entire garment is preferably made of about 90% nylon and 10% LYCRA® knit"; Col. 2 Lines 22-27 "In the body suit, the innermost first compressive sweat-porous layer, of the multilayers, touching the skin ...starting below the breast area is made of a knit of about 65% nylon and about 35% LYCRA®"; wherein back support area is the innermost (35% Lycra) layer, but on the rear; Solano teaches the back area which meets the structural limitations in the claims and performs the functions as recited such as being capable of support, especially in light of the recitations, such as Lycra),
the back support area configured to at least partially cover a portion of the wearer's spine when worn (Solano teaches the back support area which meets the structural limitations in the claims and performs the functions as recited such as being capable of at least partially covering as recited),
a textile tension of the back support area being greater than a textile tension of adjacent areas laterally adjacent to the back support area (Col. 2 Lines 38-40; Col. 2 Lines 13-15; Col. 2 Lines 22-27; as such, see Fig. 7; where back support area is a portion of innermost (35% Lycra) layer, which indicates a greater textile tension than at least a portion of a textile tension of adjacent areas/areas of outer layer (10% Lycra) around the portion of the innermost layer; see extrinsic evidence Merriam Webster around NPL defining “around” as “various sides” or “any direction” such that there are portions of the outer layer constituting adjacent areas around the innermost layer of the back support area),
a lower portion connected to the middle portion and located below the middle portion (see Fig. 6 for Col. 5 Line 44 "modesty skirt 64" and corresponding area in Fig. 7, connected as an integral invention),
the lower portion configured to extend around the wearer's front crotch area and buttocks when worn (Solano teaches the lower portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of extending as recited);
the lower portion comprises a front crotch covering portion and a buttocks covering portion (see Figs. 6, 7; Solano teaches the front covering portion and rear covering portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering crotch and buttocks as recited),
the front crotch covering portion configured to cover the wearer's front crotch area when worn, the buttocks covering portion configured to cover the wearer's buttocks when worn (see aforementioned),
a buttocks support area being disposed on the buttocks covering portion (see Figs. 6, 7, where there is an area of the portion; Solano teaches the area which meets the structural limitations in the claims and performs the functions as recited such as being capable of being supportive of buttocks),
the buttocks support area configured to surround the periphery of the wearer's buttocks when worn (Solano teaches the buttocks support area which meets the structural limitations in the claims and performs the functions as recited such as being capable of surrounding a periphery as recited).
Solano does not explicitly teach a textile tension of the buttocks support area being greater than a textile tension of areas inward of the buttocks support area.
However, Solano does teach pants (Col. 5 Lines 51 "skirt 64 can be replaced by shorts or pants").
Waldman teaches pants with buttocks support area configured to surround the periphery of the wearer's buttocks when worn (see Fig. 3; buttocks support area = 12, 15, 17; Col. 6 Lines 34-40 "Side buttocks surrounding region 17, bottom buttocks surrounding region 12 and top buttocks surrounding region 15 are an area of fabric body 110 with an elastic component that stretches over a portion of a buttocks area on a top of the buttocks, on a side of the buttocks and underneath the buttocks of the wearer's body to offer reshaping, support and butt lift"; Waldman teaches 12, 15, 17 which meets the structural limitations in the claims and performs the functions as recited such as being capable of surrounding as recited),
a textile tension of the buttocks support area being greater than a textile tension of areas inward of the buttocks support area (see Fig. 3; for textile tension of buttocks support area-- Col. 11 Lines 7-10 "material of top buttocks surrounding region 15 has an elongation in the 15 degree direction on the body of 150 percent and a modulus @ 30% in the 15 degree direction on the body of 0.72"; Col. 10 Lines 62-65 "material of side buttocks surrounding region 17 has an elongation in the length direction on the body of 119 percent and a modulus @ 30% in the length direction on the body of 1.41"; Col. 10 Line 66-Col. 11 Line 2 "the material of bottom buttocks surrounding region 12 has an elongation in the 45 degree direction on the body of 105.5 percent and a modulus @ 30% in the 45 degree direction on the body of 1.69"; for textile tension of areas 13, 18 surrounding the buttocks support area-- Col. 11 Lines 11-14 "the material of buttocks region 13 has an elongation in the width direction around the body of 177 percent, and a modulus @ 30% in the width direction around the body of 0.53"; Col. 11 Lines 25-28 "material of waist whittler region 18 has an elongation in the width direction around the body of 160 percent and a modulus @ 30% in the width direction around the body of 0.57"; wherein elongations of 150%, 119%, 105.5% are greater textile tension/stretch less than that of 177% and 160%).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Solano’s buttocks covering portion with the areas and textile tensions as taught by Waldman in order to offer reshaping, support, and butt lift (Col. 6 Lines 34-40).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, in view of Waldman et al (USPN 11857009), herein Waldman, further in view of Angelino et al (US Publication 2021/0345689), herein Angelino.
Regarding Claim 19, modified Solano teaches all the claimed limitations as discussed above in Claim 18.
Solano further teaches wherein the upper portion comprises a chest covering portion (area with 52) and an upper back covering portion (corresponding area in Fig. 7),
the chest covering portion configured to cover the wearer's chest when worn, the upper back covering portion configured to cover the wearer's upper back when worn (Solano teaches the chest covering portion and the upper back covering portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering as recited, respectively),
the chest covering portion comprises an outer layer (Col. 2 Lines 13-15 "For the woman's body suit, the outer layer of the entire garment is preferably made of about 90% nylon and 10% LYCRA® knit").
Solano does not explicitly teach the chest covering portion comprises an inner layer,
the inner layer being closer to a wearer’s skin when worn than the outer layer.
Angelino teaches the chest covering portion comprises an inner layer and an outer layer (see Fig. 2; [0017] "garments with cut and sewn-in cups…are also contemplated"; [0044] "garment 200 is a camisole or long line garment…has cups, 210"; [0014] "body fabric can be...multiple layers of materials...referred to as a ply"; [0044] "The cups 210, support structure 270 ...are illustrated in phantom because they are visible from the inside of the garment"; [0029] "cups 110 are foam cups or other cups incorporated into the garment by attaching the cups to the body fabric 120 of the garment by sewing, gluing, etc"),
the inner layer being closer to a wearer’s skin when worn than the outer layer (Angelino teaches the inner/outer layers which meets the structural limitations in the claims and performs the functions as recited such as being capable of worn 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 Solano’s chest covering portion to be two-ply (and therefore have inner/outer layers) with cups as taught by Angelino as a known arrangement for confidence, comfort, fit, and function ([0017]).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, in view of Waldman et al (USPN 11857009), herein Waldman, and Angelino et al (US Publication 2021/0345689), herein Angelino, further in view of Fellner (USPN 2678446).
Regarding Claim 20, modified Solano teaches all the claimed limitations as discussed above in Claim 19.
Modified Solano further teaches wherein the chest covering portion further comprises a cup (see shape of Solano Fig. 6 but also Angelino Fig. 2; [0044] "garment 200 is a camisole or long line garment…has cups, 210").
Modified Solano does not explicitly teach an opening is formed on the inner layer,
and an outer edge of the cup is spliced to an edge of the opening.
However, modified Solano already teaches wherein the cup is on the inner layer (Angelino [0044] cups are visible from the inside of the garment).
Fellner teaches wherein the chest covering portion further comprises a cup (see Fig. 1, 6; Col. 2 Lines 11-12 "cup portion 18 and 20 are sewed into the opening 22 to form breast receiving elements"),
an opening is formed on the layer for the cup (see Fig. 1, 6; Col. 2 Lines 11-12),
and an outer edge of the cup is spliced to an edge of the opening (see Fig. 1, 6; Col. 2 Lines 11-12, wherein sewing at the opening indicates splicing at an edge).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Solano’s inner layer, as provided by Angelino, with the opening, cup, and edge cup splice as taught by Fellner as a known arrangement for breast cups to provide bodily comfort (Col. 1 Lines 6-7).
Examiner Notes
Claim(s) 1-17, as best understood from the disclosure, is/are free of U.S.C. 102/103 rejections, but is/are currently questioned under 35 U.S.C. 112(a) set forth in this Office action.
Should applicant fix all objection(s) and accept all recommendations aforementioned to overcome the 112(a) rejections--
Claim(s) 1-17 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Regarding Claim 1, none of the prior art of record discloses the textile tension of a bust support area being greater than textile tension of an area between the bust support area and an abdominal compression panel in a shapewear garment, in conjunction with the other structural limitations, as set forth in the claim. The use of a bust support area and an abdominal compression panel is known in the art of apparel, but the specific textile tension comparison as claimed by the applicant is novel. Specifically, prior art Solano et al (USPN 11857011), herein Solano, discloses a shapewear garment with an abdominal portion laminated with an abdominal compression panel as recited in the application. Prior art Caprio (US Publication 2004/0016039) also discloses a bust support area above an abdominal compression panel, wherein a textile tension of the bust support area is greater than a textile tension of adjacent areas above the bust support area. However, none of the prior art discloses, teaches, or suggests that the textile tension of the bust support area is also greater than textile tension of an area between the bust support area and the abdominal compression panel. To modify Solano to have such an area when it is not taught in either Solano or Caprio merely to be as recited in the current application would be impermissible hindsight reconstruction of the applicant’s invention without any disclosure, teaching, or suggestion from the prior art of record, as is presently the case.
Regarding Claim 14, none of the prior art of record discloses a shapewear garment comprising a bust support area extending continuously horizontally in an elongated strip configuration onto an upper back covering portion and a support region formed on the upper back covering portion, the bust support area and the support region being integrally connected to form an annular constriction structure resembling an underbust band, in conjunction with the other structural limitations, as set forth in the claim. The use of a bust support area extending horizontally is known in the art of apparel, but the specific combination of a bust support area extending onto the back covering portion in addition to a separate support region on the back covering portion, as claimed by the applicant is novel. Specifically, prior art Solano et al (USPN 11857011), herein Solano, discloses a shapewear garment as recited in the application. Prior art Caprio (US Publication 2004/0016039) and Waldman et al (USPN 11857009), herein Waldman, also disclose a bust support area extending onto a back. However, none of the prior art discloses, teaches, or suggests further a support region on the upper back covering portion in addition to a breast support area extending onto the upper back covering portion. To modify Solano to have both a bust support area with the extent recited and a separate support region merely to be as recited in the current application would be impermissible hindsight reconstruction of the applicant’s invention without any disclosure, teaching, or suggestion from the prior art of record, as is presently the case.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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. Nevertheless, for clarification—
Pertaining to remarks on page 8 that “adjacent areas laterally adjacent to the back support area” defines the comparison region as being located to the left and right of the back support area on the lower back covering portion—examiner respectfully disagrees. The broadest reasonable interpretation of the term is not limited such a narrow interpretation. The exact language utilized in the remarks should be what is in the claims, if such an interpretation is desired. However, further review would be needed as to whether there is new matter.
Pertaining to remarks on page 9 that, with “laterally adjacent” claimed in Claim 8, each claimed region is located on a different part of the wearer’s body and therefore there are no issues with whether “adjacent areas” are mutually exclusive with, same as, or overlapping as areas in Claim 1—examiner respectfully disagrees, at least for the term “laterally adjacent” does not require such a narrow interpretation as being immediately adjacent, which is the only interpretation supported.
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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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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