DETAILED ACTION
This is in response to application filed on July 30th, 2025 in which claims 1-20 are 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 .
Specification
The disclosure is objected to because of the following informalities:
[0052] after “in contrast, the covering portion” add –21--
Appropriate correction is required.
Claim Objections
Claim(s) 1-3, 6-9, 11, 14, 15, 17-20 is/are objected to because of the following informalities:
Claim 1 Line 5 before “wearer’s abdomen” delete “the” and substitute –a—for proper antecedent basis
Claim 1 Line 6 before “wearer’s lower back” delete “the” and substitute –a—
Claim 1 Line 8 before “wearer’s front crotch area” delete” the” and substitute –a—
Claim 1 Line 10 before “modulus of elasticity” delete “the” and substitute –a—
Claim 1 Line 11 before “modulus of elasticity” delete “the” and substitute –a—
Claim 1 Line 15 before “textile tension” delete “the” and substitute –a—
Claim 1 Line 16 before “textile tension” delete “the” and substitute –a--
Claim 2 Line 5 before “wearer’s skin” delete “the” and substitute –a—
Claim 3 Line 2 before “edge of the opening” delete “the” and substitute –an—
Claim 6 Line 4 before “being matched” add –configured to be--; otherwise, the recitation is positively claimed, such that the hook and slot are always matched
Claim 7 Line 2 before “to support” add --configured--; otherwise, a detached state is positively claimed, such that the detached state is always the constant state
Claim 8 Line 3 before “wearer’s spine” delete “the” and substitute –a--
Claim 8 Line 3 before “textile tension of the back support area” delete “the” and substitute –a—
Claim 9 Line 5 before “periphery” delete “the” and substitute –a—
Claim 9 Line 6 before “textile tension of the buttocks support area” delete “the” and substitute –a—
Claim 11 Line 2 before “interior side of the abdominal covering portion” delete “he” and substitute –an—
Claim 14 Line 3 before “wearer's chest” delete “the” and substitute –a—
Claim 14 Line 4 before “wearer’s upper back” delete “the” and substitute –a--
Claim 14 Line 5 before “wearer’s skin” delete “the” and substitute –a--
Claim 14 Line 9 before “wearer’s abdomen” delete “the” and substitute –a—
Claim 14 Line 10 before “wearer’s lower back” delete “the” and substitute –a—
Claim 14 Line 12 before “wearer’s front crotch area” delete” the” and substitute –a—
Claim 15 Line 2 before “edge of the opening” delete “the” and substitute –an—
Claim 17 Line 4 before “matched” add –configured to be—
Claim 18 Line 5 before “wearer’s abdomen” delete “the” and substitute –a—
Claim 18 Line 6 before “wearer’s lower back” delete “the” and substitute –a—
Claim 18 Line 8 before “wearer’s spine” delete “the” and substitute –a--
Claim 18 Line 8 before “textile tension” delete “the” and substitute –a—
Claim 18 Line 9 before “textile tension” delete “the” and substitute –a--
Claim 18 Line 11 before “wearer’s front crotch area” delete” the” and substitute –a—
Claim 18 Line 16 before “periphery” delete “the” and substitute –a—
Claim 18 Line 16 before “textile tension of the buttocks support area” delete “the” and substitute –a—
Claim 19 Line 5 before “wearer’s skin” delete “the” and substitute –a—
Claim 20 Lines 2-3 before “edge of the opening” delete “the” and substitute –an--
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) 8, 9, 18-20 is/are rejected under U.S.C. 112(b).
The term “the textile tension of adjacent areas around the back support area” in Claim 8 Lines 3-4 is unclear and therefore renders the claim indefinite. Especially in light of the plethora of antecedent basis objections, it is unclear where the antecedent basis of the term was established, and how the term relates to “textile tension of adjacent areas around the bust support area” as established in Claim 1 Line 16, on which Claim 8 depends. For example, it is unclear whether the adjacent areas of Claim 1 are the same, mutually exclusive, or overlapping with the adjacent areas in Claim 8.
Similarly, the term “the textile tension of areas surrounding the buttocks support area” in Claim 9 Lines 6-7 is unclear and therefore renders the claim indefinite. Especially in light of the plethora of antecedent basis objections, it is unclear where the antecedent basis of the term was established, and how the term relates to “textile tension of adjacent areas around the bust support area” as established in Claim 1 Line 16, on which Claim 9 depends. For example, it is unclear whether the adjacent areas of Claim 1 are the same, mutually exclusive, or overlapping with the areas in Claim 9.
Similarly, the “the textile tension of areas surrounding the buttocks support area” in Claim 18 Line 17 is unclear and therefore renders the claim indefinite. Especially in light of the plethora of antecedent basis objections, it is unclear where the antecedent basis of the term was established, and how the term relates to “textile tension of adjacent areas around the back support area” as established in Claim 18 Line 9. For example, it is unclear whether the adjacent areas of Line 9 are the same, mutually exclusive, or overlapping with the areas in Line 17.
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.
FIRST REJECTION: Claim(s) 1, 8, 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Solano et al (USPN 11857011), herein Solano.
Regarding Claim 1, 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 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 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); and
an abdominal compression panel laminated with the abdominal covering portion and combined with the abdominal covering portion (Col. 5 Lines 45-46, 51-57; wherein the abdominal compression panel is the innermost layer; wherein the recitations of layers indicates laminated; wherein layers are combined as an integral invention, especially in light of Col. 4 Lines 58-60 "all garments are constructed...seamless"; Solano teaches the panel which meets the structural limitations in the claims and performs the functions as recited such as being capable of compressing the abdomen especially in light of Col. 2 Lines 13-15, 22-27, wherein it is known in the art that Lycra can compress, see extrinsic evidence Ulrich et al US Publication 2019/0116898),
a modulus of elasticity of the abdominal compression panel being greater than a modulus of elasticity of the upper portion, the middle portion, and the lower portion (for the material of the upper/middle/lower 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"; for the material of the abdominal compression panel/innermost layer-- 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 35% Lycra indicates a modulus of greater elasticity than that of 10% Lycra in the nylon/Lycra portions/panels);
wherein a bust support area is disposed on an outer surface of the upper portion (see Fig. 6 for the area including annotated 52; Solano teaches the area which meets the structural limitations in the claims and performs the functions as recited such as being capable of supporting bust, especially in light of 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"),
the bust support area configured to be positioned below the wearer's chest when worn, and located above the abdominal compression panel when worn (see Fig. 6; Solano teaches the bust support area above the abdominal compression panel of the abdominal covering portion of the middle portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of being below the wearer’s chest, especially as Fig. 6 shows a part of user’s chest is exposed in Fig. 6, such that the bust support area, indicated such as at 52, is below the chest),
a textile tension of the bust support area being greater than a textile tension of adjacent areas around the bust support area (see Figs. 6, 7; for material of bust support area -- 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" and therefore the outer layer of the bust support area; for adjacent areas (in 60)-- Col. 2 Lines 27-28, 35-37 "middle second stronger compressive layer...instead of the nylon/LYCRA® composition of the other layers, it is about 92% polyester (i.e., a polyamide) and about 8% nylon"; for around-- see extrinsic evidence Merriam Webster around NPL defining “around” as “various sides” or “any direction”, such that at least a portion of the outer layer of 60 is around the bust support area, and/or a portion of the middle layer of 60 is around the outer layer of the bust support area).
Regarding Claim 8, Solano teaches the shapewear garment of claim 1, wherein 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; 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 around 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).
Regarding Claim 11, Solano further teaches the shapewear garment of claim 1, wherein the abdominal compression panel is disposed on an interior side of the abdominal covering portion (the compression panel is the innermost layer and therefore interior side of the abdominal covering portion which is at least the outer layer),
with the interior side being closer to the wearer’s skin when worn (Solano teaches the interior side which meets the structural limitations in the claims and performs the functions as recited such as being capable of being closer to skin when worn).
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) 2, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, as applied to the FIRST REJECTION above, in view of Angelino et al (US Publication 2021/0345689), herein Angelino.
Regarding Claim 2, Solano teaches all the claimed limitations as discussed above in Claim 1.
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]).
Regarding Claim 4, modified Solano teaches all the claimed limitations as discussed above in Claim 2.
Solano further teaches wherein the outer layer, the middle portion, and the lower portion are integrally knit (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. 4 Lines 58-60 "all garments are constructed...seamless"; outer layer, middle portion, and lower portion are integral as part of a same invention, let alone the recitation of being seamless).
Claim(s) 3, 10, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, in view of Angelino et al (US Publication 2021/0345689), herein Angelino, as applied to the FIRST REJECTION above, further in view of Fellner (USPN 2678446).
Regarding Claim 3, modified Solano teaches all the claimed limitations as discussed above in Claim 2.
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).
Regarding Claim 10, modified Solano teaches all the claimed limitations as discussed above in Claim 3.
Fellner further teaches wherein the cup is a full cup (see Figs. 1, 6).
Regarding Claim 13, modified Solano teaches all the claimed limitations as discussed above in Claim 3.
Fellner further teaches wherein the outer edge of the cup is sewn and spliced to the edge of the opening (see Figs. 1, 6; Col. 2 Lines 11-12).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, as applied to the FIRST REJECTION above, in view of Hendrickson (USPN 8469769).
Regarding Claim 5, Solano teaches all the claimed limitations as discussed above in Claim 1.
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 shapewear garment further comprises a shoulder strap (see Fig. 6 for area annotated 52 indicating a strap; Solano teaches the strap which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a shoulder, especially in light of the recitations),
a first end of the shoulder being connected to the chest covering portion (see Fig. 6),
a second end being connected to the upper back covering portion (see Fig. 7).
Solano does not explicitly teach the first end of the shoulder strap being detachably connected to the chest covering portion.
Hendrickson teaches the shapewear garment further comprises a shoulder strap (see Fig. 1; Col. 4 Line 14 "nursing garment 100"; Col. 4 Lines 23-24 "bottom portion 102 extends downwardly from a chest band 104"; Col. 4 Lines 28-30 "the chest band 104 is a resiliently stretchable and contractible elastic band, woven or knitted with spandex or elastane fibers, such as LYCRA.RTM. fibers in a rib stitch"),
a first end of the shoulder strap being detachably connected to the chest covering portion (see Figs. 1A, 2B, 6; Col. 9 Lines 32-33 "front ends of the shoulder straps 116, 118 are assembled with nursing clips 600"; Col. 10 Lines 45-46 "nursing clip 600 has a first portion 602 and an interlocking, detachable portion 604"; Col. 11 Lines 23-27 "The built-in bra 105 is prepared for nursing by disconnecting one of the detachable portions 604 from a corresponding nursing clip 600, which disconnects one side of the built-in bra 105 from a corresponding shoulder strap 116, 118"),
a second end being connected to the upper back covering portion (see Fig. 3 for second end of 118, 116 to upper back covering portion).
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 garment as taught by Hendrickson in order to provide nursing convenience and support (Col. 1 Line 18).
Regarding Claim 6, modified Solano teaches all the claimed limitations as discussed above in Claim 5.
Hendrickson further teaches wherein a first clasp is disposed at the first end of the shoulder strap (see Figs. 1A, 2B; Col. 9 Lines 32-33; Col. 10 Lines 45-46; Col. 11 Lines 23-27),
a second clasp is disposed at an upper end of the chest covering portion (see Figs. 1A, 2B; Col. 9 Lines 32-33; Col. 10 Lines 45-46; Col. 11 Lines 23-27),
one of the first clasp and the second clasp is provided with a hook (see Fig. 6),
the other is provided with a slot (see Fig. 6),
the hook and slot being matched to enable detachable connection of the first end of the shoulder strap to the chest covering portion (see Fig. 6; Hendrickson teaches the first/second clasps as hook/slot in the recited locations which meets the structural limitations in the claims and performs the functions as recited such as being capable of the hook and slot being configured to match to enable detachable connection as recited).
Regarding Claim 7, modified Solano teaches all the claimed limitations as discussed above in Claim 5.
Hendrickson further teaches a supporting strap connected between the shoulder strap and the chest covering portion to support the chest covering portion in a detached state from the shoulder strap (see Fig. 2; Col. 12 Lines 19-20 "shoulder straps 116, 18 include sling supports 134, 136"; Col. 12 Lines 33-38 "the sling support [134] supports a lateral side of a breasts and partially covers the breast during nursing and in preparation of the garment 100 for nursing. Similarly, the sling support 136 supports a lateral side of a breasts and partially covers the breast during nursing and in preparation of the garment 100 for nursing"; Hendrickson teaches the supporting strap connected between the shoulder strap and chest covering portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of supporting the chest covering portion in a detached state as recited).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, as applied to the FIRST REJECTION above, in view of Waldman et al (USPN 11857009), herein Waldman.
Regarding Claim 9, Solano teaches all the claimed limitations as discussed above in Claim 1.
Solano further teaches wherein 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 surrounding 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 surrounding 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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, as applied to the FIRST REJECTION above, in view of Ulrich et al (US Publication 2019/0116898), herein Ulrich.
Regarding Claim 12, Solano teaches all the claimed limitations as discussed above in Claim 1.
Solano already teaches wherein the abdominal compression panel is combined to the abdominal 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"; for combined -- Col. 4 Lines 58-60 "all garments are constructed...seamless").
Solano does not explicitly teach wherein the combination is via being adhered.
Ulrich teaches wherein an abdominal compression panel is adhered to an abdominal covering portion (see Figs. 13A; [0060] "garment 10…inner panels or tubes 200 configured to be positioned on the interior of the outer layer 100"; [0065] "inner panel 200 is provided with generally compressive shaping type fabric or materials, for example...Spandex"; for combined/laminated/adhered --> [0061] "first half panel 210 has a…first right side 218…the first right side 218 is fixedly attached to…the outer layer 100…using…standard stitching techniques, adhesive, and the like", wherein adhesive indicates laminated).
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 laminate to be combined via adhesive as taught by Ulrich as a known effective method of attaching abdominal layer to exterior garment.
SECOND REJECTION: Claim(s) 14, 16, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, in view of Angelino et al (US Publication 2021/0345689), herein Angelino, and Hendrickson (USPN 8469769).
Regarding Claim 14, 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 comprises a chest covering portion and an upper back covering portion (for upper portion--see Fig. 6 front for where 52 is annotated and corresponding area in in Fig. 7 rear ; for chest covering portion—see Fig. 6 area with 52; for upper back covering portion—see 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");
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 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); and
a shoulder strap (see Fig. 6 for area annotated 52 indicating a strap; Solano teaches the strap which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a shoulder, especially in light of the recitations),
a first end of the shoulder being connected to the chest covering portion (see Fig. 6),
a second end being connected to the upper back covering portion (see Fig. 7).
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]).
Solano also does not explicitly teach the first end of the shoulder strap being detachably connected to the chest covering portion.
Hendrickson teaches the shapewear garment further comprises a shoulder strap (see Fig. 1; Col. 4 Line 14 "nursing garment 100"; Col. 4 Lines 23-24 "bottom portion 102 extends downwardly from a chest band 104"; Col. 4 Lines 28-30 "the chest band 104 is a resiliently stretchable and contractible elastic band, woven or knitted with spandex or elastane fibers, such as LYCRA.RTM. fibers in a rib stitch"),
a first end of the shoulder strap being detachably connected to the chest covering portion (see Figs. 1A, 2B, 6; Col. 9 Lines 32-33 "front ends of the shoulder straps 116, 118 are assembled with nursing clips 600"; Col. 10 Lines 45-46 "nursing clip 600 has a first portion 602 and an interlocking, detachable portion 604"; Col. 11 Lines 23-27 "The built-in bra 105 is prepared for nursing by disconnecting one of the detachable portions 604 from a corresponding nursing clip 600, which disconnects one side of the built-in bra 105 from a corresponding shoulder strap 116, 118"),
a second end being connected to the upper back covering portion (see Fig. 3 for second end of 118, 116 to upper back covering portion).
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 garment as taught by Hendrickson in order to provide nursing convenience and support (Col. 1 Line 18).
Regarding Claim 16, modified Solano teaches all the claimed limitations as discussed above in Claim 14.
The body of Claim 16 is the same as the body of Claim 4. As such, see the aforementioned rejection of the body of Claim 4 for the rejection of the body of Claim 16.
Regarding Claim 17, modified Solano teaches all the claimed limitations as discussed above in Claim 14.
The body of Claim 17 is the same as the body of Claim 6. As such, see the aforementioned rejection of the body of Claim 6 for the rejection of the body of Claim 17.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Solano et al (USPN 11857011), herein Solano, in view of Angelino et al (US Publication 2021/0345689), herein Angelino, and Hendrickson (USPN 8469769), as applied to the SECOND REJECTION above, further in view of Fellner (USPN 2678446).
Regarding Claim 15, modified Solano teaches all the claimed limitations as discussed above in Claim 14.
The body of Claim 15 is the same as the body of Claim 3. As such, see the aforementioned rejection of the body of Claim 3 for the rejection of the body of Claim 15.
THIRD REJECTION: 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 around 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 surrounding 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 surrounding 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, as applied to the THIRD REJECTION above, 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.
The body of Claim 19 is the same as the body of Claim 2. As such, see the aforementioned rejection of the body of Claim 2 for the rejection of the body of Claim 19.
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, as applied to the THIRD REJECTION above, further in view of Fellner (USPN 2678446).
Regarding Claim 20, modified Solano teaches all the claimed limitations as discussed above in Claim 19.
The body of Claim 20 is the same as the body of Claim 3. As such, see the aforementioned rejection of the body of Claim 3 for the rejection of the body of Claim 20.
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: Sabag et al (USPN 10888127) directed to shapewear garment with abdominal compression panel combined with abdominal covering portion and a modulus of elasticity greater than that of upper/middle/lower portions and textile tension of bust support area greater than that of adjacent areas; Healy et al (US Publication 2023/0105899), Xu et al (USPN 12302954), Caruso et al (USPN 8827764) directed to shapewear garment with abdominal compression panel combined with abdominal covering portion; Li et al (US Publication 2025/0351892) directed to related disclosure; Force (USPN 6550067), Lutz (USPN 7546751) directed to bust support area; McCall (USPN 5908346), Chen (USPN 6397397), Moyer (USPN 6846219), Thompson Jr (USPN 2867889), Graf (RE 24111), directed to outer edge of cup is spliced to edge of opening; Amos (US Publication 2019/0208839) directed to shoulder strap with hook/slot clasps; McKenzie (US Publication 2004/0006811) directed to textile tension based on knit density; Moran (US Publication 2014/0148741) directed to 2x1 rib knit; Xu et al (US Publication 2025/0009054) directed to antifriction fabric; Xu (USPN 112285056) directed to ¾ size cups; Meyers (USPN 6195801) directed to support area.
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/GRACE HUANG/Primary Examiner, Art Unit 3732