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 2, 4 and 18-20 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 claim 2, line 2, there is no antecedent basis for “The skin of the wearer”.
In claim 4, line 2, there is no antecedent basis for “The torso of the wearer”.
In claim 18, lin10, there is no antecedent basis for “the skin of the wearer”. Claims 19 and 20 are indefinite since they depend from claim 18.
However, the claims, as best understood, have been examined on their merits.
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)(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.
Claim(s) 1,3-8 and 15-17 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Morrison, Jr. (US 6061832) A1.
In regard to claim 1, Morrison et al discloses a shapewear garment comprising an upper portion comprising a front panel and a back panel, the front panel being configured to at least partially cover an abdominal region of a wearer, when worn, and the back panel being configured to at least partially cover a lower back region of the wearer when worn;\
a pants portion connected to the upper portion and located below the upper portion, the pants portion being configured to extend at least around a crotch and buttocks region of the wearer when worn; and
an abdominal compression panel disposed in a stacked arrangement with the front panel and joined to the front panel, the abdominal compression panel being configured to at least partially cover the abdominal region of the wearer wen worn, wherein a modulus of elasticity of the abdominal compression panel is greater than that of the upper portion and the pants portion.
In regard to claim 3, Morrison, Jr. discloses the shapewear garment as claimed in claim 1 and further wherein the abdominal compression panel is bonded to the front panel.
In regard to claim 4, Morrison, Jr. discloses the shapewear garment of claim 1, and further comprising a torso band connected to an upper end of the upper portion , the torso band being configured to encircle the toro of the wearer when worn.
In regard to claim 5, Morrison, Jr. discloses the shapewear garment of claim 4 and further wherein an inner diameter of the torso band gradually decreases from the top to bottom.
In regard to claim 6, Morrison, Jr. discloses the shapewear garment of claim 4, and further wherein a modulus of elasticity of the torso band is greater than that of the upper portion and the pants portion.
In regard to claim 7, Morrison Jr discloses the shapewear garment as claimed in clam 4 and further wherein the torso band is sewn to the upper end of the upper portion.
In regard to claim 8, Morrison, Jr. discloses the shapewear garment of claim 1 and further comprising leg portions located below the pants portion and connected thereto.
In regard to claim 15, Morrison, Jr. discloses a shapewear garment comprising an upper portion comprising a front panel and a back panel, the front panel being configured to at least partially cover an abdominal region of a wearer when worn, and the back panel being configured to at least partially cover a lower back region of the wearer when worn, a pants portion connected to the upper portion and located below the upper portion, the pants portion being configured to extend at least around a crotch and a buttocks region of the wearer when worn; and a torso band 20 connected to an upper end of the upper portion, the torso band 20 being configured to encircle the torso of the wearer when worn, and an inner diameter of the torso band gradually decreasing from top to bottom as seen in figure 4 of Morrison, Jr.
In regard to claim 16, Morrison Jr discloses the shapewear garment as claimed in claim 15, and further wherein a modulus of elasticity of the torso band 20 is greater than that of the upper portion and the pants portion.
In regard to claim 17, Morrison, Jr. discloses the shapewear garment of claim 16, and further wherein the torso band 20 is sewn to the upper end of the upper portion as in figure 4.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Morrison, JR. in view of Smith (US 5447462 ).
In regard to claim 2, Morrison, Jr. discloses the shapewear garment as claimed in claim 1. However, Morrison, Jr. does not disclose the abdominal com0pression panel that is disposed on an inner side of the front panel and wherein the inner side is the side facing the skin of the wearer when the shapewear garment is worn.
Smith discloses a shapewear garment in figure 6 with the compression panel 21 over the stomach region of a wearer as in col. 7. ;line 16- col. 8, line 15 and figure 6.
Accordingly it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the shapewear garment of Morrison, Jr. with the teaching of Smith to include the abdominal compression panel 21 on an inner side of the front panel that is facing the skin of the wearer to provide the desired support over the abdomen as desired.
Claim(s) 10 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Morrison, JR. in view of CN 106521769 A to Jinjiang Yuanda Clothing Weaving Co Ltd.
Allowable Subject Matter
Claims9, 11-14 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.
None of the cited references, alone or in combination disclose the coefficient of friction as in claim 9, the integrally knitted compression panel with the specific percentages of nylon and spandex in the garment as in claims 11 and 12 and the buttocks support region as in claims 13 and 14 with the tension in the buttocks region and surrounding areas as claimed.
Claims 18-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
None of the cited references, alone or in combination disclose the coefficient of friction as stated in the last lines of claim 18. Claims 19 and 20 depend from claim 18 and are allowable for the same reasons as in claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA M HALE whose telephone number is (571)272-4984. The examiner can normally be reached MON.-THURS..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 1-571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. To inquire about and to set up an interview the Examiner can be emailed at Gloria.Hale@uspto.gov.
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/GLORIA M HALE/Primary Examiner, Art Unit 3732
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