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 1-20 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 1, line 11, there is no antecedent basis for “The back”.
In claim 2, line 2, it is not clear as to what an “ultra low” back mode encompasses and “low” back mode encompasses since the terms of “ultra low” and ”low” are relative terms and the metes and bounds of the terms is not clear.
In claims 3, line 1; claim 4, line 1 and claim 7, line 1, are not clear in regard to the term “low back mode” for the same reasons as in claim 1.
Claim 18, lines 1 and 3 contain the term “ultra low back mode” and lines 2 and 3 contain the term “low back mode”. The terms are unclear for the same reasons as discussed above in regard to claim 1.
In claim 6, line 2 and claim 18, lines 4, 5 and 8, there is no antecedent basis for “The back of a wearer”.
In claim 19, line 4, there is no antecedent basis for ‘the rear side”.
In claim 13, line 2, the term “higher elasticity” is not clear.
In claim 16, line 1, the term” Sufficient” is not clear. It is not clear as to what the metes and bounds of the term “sufficient” encompasses.
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) 18-20 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Kenneally (US 6811482 A!).
In regard to claim 18, Kenneally (in fig. 23 and 25, discloses a method of converting a shaping garment between an ultra low back mode ( as in figure 23, when the back adjuster 210,212 in fig. 21, and a low back mode as in fig. 25 with the back adjuster 210,212- connected, the method comprising: converting the shaping garment from the ultra low back mode (when the back adjuster, 210, 212 is not connected as in figure 23 , to the low back mode, when the back adjuster is connected in fig. 25, 210 connected to 212 with connector, 215, and fully defining a space positioned on the back of the wearer by: coupling via a right closure mechanism positioned on the back of a wearer as seen in fig. 25, , a right side of a removable back adjuster 212 to an edge portion of a right superior or rear portion at 22,242 in figure 23, of the shaping garment 200 as in fig. 23; and coupling via left closure mechanism positioned on the back of a wearer with straps 210 and 212 connected, a left side of a removable back adjuster 210 to an edge portion of a left superior rear portion at 220,240 of the shaping garment. (See Kenneally, figs. 21,23 and 25.
In regard to claim 19, Kenneally discloses the method as claimed in claim 18 and further wherein the method comprises coupling the right side of the removable back adjuster to an elastic band extending laterally from a front side of the shaping garment to the rear side of the shaping garment as in fig 23 as discussed above in regard to claim 18.
In regard to claim 20, Kenneally discloses the method of claim 18 and further comprising converting the garment from the low back mode as in fig. 25 to the ultra low back mode as in fig. 23, by uncoupling the right 212 and left sides 210 in fig. 25, of the removable back adjuster (210,212) from the right and left edge portion of the respective right and left superior rear portions as in figs. 23 and 25 of Keneally.
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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenneally (US 6811462 B1) in view of Noel (US 8425275).
In regard to claim 1, Kenneally discloses a shaping garment 200 in figures 21,23 and 25, comprising:
a front side and a rear side at 200 in figures 21-23,; a superior edge (not numbered in figures 23 and 25) comprising a rear lower most area (at 216 in figure 25) positioned on the rear side ( at 200 in figs. 21-23) and diverging as it extends upward from the rear lower most area to partially define a space on the rear side between a narrowing right superior rear portion and narrowing left superior rear portion( at 200 in fig. 23) ;
and a back adjuster (not numbered in figure 23) configured to bridge the space between the narrowing right and left superior rear portions 200 in fig. 23, the back adjuster 210,212 in fig. 25, configured to couple to each of the narrowing right and left superior rear portions at respective right and left coupling at 220,240 and 222,242 in fig. 23, of hook and loop mechanisms(not numbered) on each end in figure 23, on the rear side of the garment, such that the right and left couplings (hook and loop- not numbered) are position able on the back of a wearer as in fig. 23.
However, Kenneally does not specifically disclose the garment as including a right and left leg portions.
Noel discloses the garment 800 with an upper and lower torso components ( as in fig. 7, )with leg portions ( as in figures 8 and 10), and as claimed in claim 5, that extend from an upper torso body garment portion. Accordingly, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the body garment of Kenneally to further include the leg portions with the crotch covering area as claimed in order to cover the torso, buttocks, crotch and legs of a wearer as desired.
In regard to claim 2, Kenneally discloses the shaping garment as claimed in claim 1 and further wherein the shaping garment converts between an ultra low back mode and a low back mode( in figures 21,23,25, by addition or removal of the back adjuster(210, 212) from the shaping garment, such that in the low back mode in figs. 21,23,25 as discussed above, the back adjuster (210,212) is removably coupled to each of the narrowing right and left superior rear portions at the respective right and left couplings as previously discussed above; and wherein in the ultra low back mode, the back adjuster (210,212- in figs. 21,23,25) is uncoupled from the narrowing right and left superior rear portions and separable from a remainder of the shaping garment.
In regard to claim 3, Kenneally discloses the shaping garment of claim 2, wherein in the low back mode, a lower edge of the back adjuster defines an upper edge of the space between the narrowing right and left superior rear portions.
In regard to claim 4, Kenneally discloses the shaping garment as claimed in claim 2, wherein in the low back mode, a right side of the back adjuster is removably coupled to an edge portion of the narrowing right superior rear portion and a left side of the back adjuster 210,212 is removably coupled to an edge portion of the narrowing left superior rear portion as in figs. 21,23 and 25 and as previously discussed above..
In regard to claim 5, Kenneally discloses the shaping garment as claimed in claim 4 and further wherein the shaping garment further comprises an elastic band positioned inferior to a breast supporting portion on the front side 230 om fog/ 23, the elastic band extending laterally towards the rear of the shaping garment to couple with the edge portion of the narrowing right super rear portion 210,212 in fig. 25 and connect at 220,240 and 222,242 in fig. 23 , the edge portion of the narrowing left superior rear portion 200 in figs. 23,25, or to both edge portions of the narrowing right and left superior rear portions 200 in fig. 25.
In regard to claim 6, Kenneally discloses the shaping garment 200 as claimed in claim 4, and further wherein the rear side of the shaping garment comprises right and left closure mechanisms position able on the back of a wearer at 125 in fig. 25, wherein the back adjuster 210,212, comprises a first portion of the right closure mechanism and a first portion of the left closure mechanism 210,212 in fig. 25, and wherein second portions of the right and left closure mechanisms are attached to opposing edge portions of the narrowing right and left superior rear portions as in fig. 23 at 222,242 and 220,240 in fig. 23.
In regard to claim 7, Kenneally discloses the shaping garment of claim 6, and further wherein in low back mode as in fig. 25 , a first portion of the right closure mechanism couples to a second portion of the right closure mechanism and a first portion of the left closure mechanism couples to a second portion of the left closure mechanism as in figures 23 and 25 and as discussed above .
In regard to claim 8, Kenneally discloses the shaping garment 200 as claimed in claim 6 and further wherein the back adjuster 210.212 in fig. 25 comprises a central elastic region 210,212 in fig, 25, positioned between the right and left sides of the back adjuster not numbered in fig, 23.
In regard to claim 9, Kenneally and Noel discloses the shaping garment of claim 1 and further comprising a gusset panel in Noel figs. 8 and 10 at 810 in figs. 8 and 10. positioned between the right and left leg portions ( in fig. 8, not numbered) extending from the front side to the rear side, the gusset panel at least partially defining an access space 810 between the right and left leg portions ( not numbered).
In regard to claim 10 , Kenneally and Noel discloses the shaping garment as claimed in claim 9 and further comprising one or more cover panels extending medially form the left leg portion (not numbered) , the right leg portions (not numbered) and extending form the front side to the rear side of the shaping garment as in fig. 8 at 810.
.In regard to claim 11, Kenneally discloses the shaping garment of claim 10 and further wherein the one or more cover panels at least partially overlap ( in fig, 8, at 820 and overlap at 830 in fig. 8. the gusset panel.
In regard to claim 12, Kenneally disclose the shaping garment of clam 11 and wherein the one or more cover panels at least partially over lap in fig. 8 at 830 the gusset panel. (See Noel, figs. 8 and 10).
Claim 13-17 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Claims 13-17 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
None of the cited references, alone or in combination disclose the shaping garment as claimed in claim 13 and further wherein the gusset fabric has a higher elasticity than the front or rear panel.
Claims 16 and 17 depend from claims 13 and 16 , respectively, as claimed and are therefore, allowable.
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.
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/GLORIA M HALE/Primary Examiner, Art Unit 3732
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