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 .
Election/Restrictions
Applicant's election of Invention I, encompassing claims 1-10, in the reply filed on 07/07/2026 is acknowledged.
Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/07/2026.
Claims 1-10 are being treated on the merits.
Claim Objections
Claim 1-2, 6 and 9 are objected to because of the following informalities:
In claim 1, line 10, "is integrally knit" appears to read "is integrally knitted";
In claim 2, line 4, "is integrally knit" appears to read "is integrally knitted";
In claim 6, line 6, "is integrally knit" appears to read "is integrally knitted";
In claim 8, line 4, "extends" appears to read "extending".
Appropriate correction is required.
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 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.
Claims 1-3 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Furuya (US 2020/0170326 A1).
Regarding claim 1, Furuya discloses a lower-body garment (a pair of tights 10; figs. 1-5; para. 0047) comprising a first leg portion (10L; figs. 1-3, 5; para. 0056) and a second leg portion (10R; figs. 1-3, 5; paras. 0054, 0056) extending from a torso portion (abdomen part U; figs. 1-4; para. 0054), the first leg portion (10L; figs. 3-5) formed from a knitted component (a weft-knitted fabric; fig. 5; para. 0048) comprising a first seam edge (a first seam line J2; see fig. 4 and annotated fig. 5; para. 0059) and a second seam edge (a second seam line J2; see fig. 4 and annotated fig. 5; para. 0059) joined together by a seam (the first and second seam lines J2 joined together; see fig. 4 and annotated fig. 5; para. 0059),
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Annotated Fig. 5 from US 2020/0170326 A1
the first leg portion (10L; figs. 3-5) comprising:
a first leg section (around a first weft direction S; see annotated fig. 4; para. 0048) comprising at least one first course (see annotated fig. 4; para. 0048) extending between the first seam edge and the second seam edge (see annotated figs. 4-5);
a second leg section (around a second weft direction S; see annotated fig. 4) comprising at least one second course (see annotated fig. 4; para. 0048) extending between the first seam edge and the second seam edge (see annotated figs. 4-5);
wherein:
the first leg section is integrally knit with the second leg section (as being two sections of the left knitted fabric 10L; see fig. 5 and annotated fig. 4; para. 0056), and
the at least one first course and the at least one second course extend at a first angle relative to each other (as the first and second weft directions S form at least an angle; see annotated fig. 4; para. 0048).
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Annotated Fig. 4 from US 2020/0170326 A1
Furuya does not explicitly disclose the at least one first course in the first leg section comprising a first plurality of courses, the at least one second course in the second leg section comprising a second plurality of courses, and wherein the first plurality of courses and the second plurality of courses extend at the first angle relative to each other. However, based on the relative thickness of stretch lines S in the first leg portion shown in Figs. 1-4 of Furuya, one of ordinary skill in the art would recognize that the first leg section of the tights generally comprises at least two first courses, and the at least one second course in the second leg section of the tights comprising at least two second courses (see annotated fig. 4; para. 0048). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the pair of tights as disclosed by Furuya, with the at least one first course in the first leg section comprising a first plurality of courses, the at least one second course in the second leg section comprising a second plurality of courses, in order to provide a pair of tights with a suitable number of customized stretching lines in the first leg portion that easily follow movements of a wearer's lower body, such as bending and stretching. Such a configuration is within the level of one of ordinary skill in the art. By this configuration, the first plurality of courses and the second plurality of courses would extend at the first angle relative to each other.
Regarding claim 2, Furuya discloses the lower-body garment of claim 1, and further discloses wherein:
the first leg section comprises a first lower edge (a lower course following the first weft direction S; see annotated fig. 4) between the first seam edge and the second seam edge (see annotated fig. 4), and an opposing first upper edge (an upper course following the first weft direction S; see annotated fig. 4);
the second leg section comprises a second lower edge (a lower course following the second weft direction S; see annotated fig. 4) between the first seam edge and the second seam edge and an opposing second upper edge (an upper course following the second weft direction S; see annotated fig. 4); and
the first upper edge is integrally knit with the second lower edge (as being two courses of the knitted fabric 10L; see fig. 5 and annotated fig. 4; para. 0056).
Regarding claim 3, Furuya discloses the lower-body garment of claim 2, and further discloses wherein the first plurality of courses is parallel to the first lower edge (as all the first plurality of courses following the first weft direction S; see annotated fig. 4).
Regarding claim 6, Furuya discloses the lower-body garment of claim 2, and further discloses the lower-body garment further comprising a third leg section (around a third weft direction S; see annotated fig. 4; para. 0048) comprising:
at least one third course (see annotated fig. 4; para. 0048) extending between the first seam edge and the second seam edge (see annotated fig. 4; para. 0048), and
a third lower edge (a lower edge following the third weft direction S; see annotated fig. 4) and a third upper edge (an upper edge following the third weft direction S; see annotated fig. 4);
wherein the third lower edge is integrally knit with the second upper edge (as being a portion of the knitted fabric 10L; see fig. 5 and annotated fig. 4; para. 0056), and the at least one third course extends at a second angle (an angle between the third and second weft directions; see annotated fig. 4; para. 0048) relative to the second plurality of courses.
Furuya does not explicitly disclose the at least one third course in the third leg section comprising a third plurality of courses, wherein the third plurality of courses extend at the second angle relative to the second plurality of courses. However, based on the relative thickness of stretch lines S in the first leg portion shown in Figs. 1-4 of Furuya, one of ordinary skill in the art would recognize that the third leg section of the tights generally comprises at least two courses (see annotated fig. 4; para. 0048). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the pair of tights as disclosed by Furuya, with the at least one third course in the third leg section comprising a third plurality of courses, in order to provide a pair of tights with a suitable number of customized stretching lines in the third leg portion that easily follow movements of a wearer's lower body, such as bending and stretching. Such a configuration is within the level of one of ordinary skill in the art. By this configuration, the third plurality of courses would extend at the second angle relative to the second plurality of courses.
Regarding claim 7, Furuya discloses the lower-body garment of claim 6, and further discloses wherein the third plurality of courses extends at a third angle (an angle between the first and third weft directions; see annotated fig. 4) relative to the first plurality of courses, the third angle being greater than the first angle (the angle between the first and second weft directions; see annotated fig. 4).
Regarding claim 8, Furuya discloses the lower-body garment of claim 7, wherein the knitted component comprises a waistband edge (at waist line W; figs. 1-4; para. 0061) and the torso portion comprises a first torso section (around a fourth stretch line S; see annotated fig. 4; para. 0048) comprising at least one fourth course (see annotated fig. 4; para. 0048) extending between the first seam edge and the waistband edge (see annotated fig. 4), the at least one course extending at a fourth angle (an angle between the first and fourth weft directions; see annotated fig. 4) relative to the first plurality of courses, the fourth angle being greater than the third angle (the angle between the first and fourth weft directions; see annotated fig. 4).
Furuya does not explicitly disclose the at least one fourth course in the first torso section comprising a fourth plurality of courses, the fourth plurality of courses extending at the fourth angle relative to the first plurality of courses. However, based on the relative thickness of stretch lines S in the first leg portion shown in Figs. 1-4 of Furuya, one of ordinary skill in the art would recognize that the first torso section of the tights generally comprises at least two courses (see annotated fig. 4; para. 0048). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the pair of tights as disclosed by Furuya, with the at least one fourth course in the first torso section comprising a fourth plurality of courses, in order to provide a pair of tights with a suitable number of customized stretching lines in the first torso portion that easily follow movements of a wearer's lower body, such as bending and stretching. Such a configuration is within the level of one of ordinary skill in the art. By this configuration, the fourth plurality of courses would extend at the fourth angle relative to the first plurality of courses.
Regarding claim 9, Furuya discloses the lower-body garment of claim 8, and further discloses wherein the knitted component further comprises a crotch gusset (adjacent a left seam line J1 in left knitted fabric 10L; figs. 3-5; para. 0059), the crotch gusset being integrally knit with the first torso section (as being a portion of the knitted fabric 10L; fig. 5; para. 0056).
Status of Claims
Claims 4-5 and 10 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).
The following is a statement of reasons for the indication of allowable subject matter:
As to claims 4-5, none of the prior art discloses, teaches, or reasonably suggests wherein the first lower edge forms a leg cuff of the first leg portion, in conjunction with other limitations required by claim 4. Furuya's invention is intended to provide stretchability of the tights that is easy to follow movements of a lower body, such as bending and stretching. The first lower edge in Furuya is a course extending along a substantial up-down direction to an ankle area of the first leg portion, therefore cannot form a leg cuff of the first leg portion. There is no motivation of modify Furuya to have the claimed feature.
As to claim 10, none of the prior art discloses, teaches, or reasonably suggests wherein the crotch gusset extends from the first seam edge, in conjunction with other limitations required by claim 10. The first seam edge of Furuya is an outer edge at a latera side of the first leg portion, and a crotch gusset is adjacent to an inner side of the first leg portion. Modifying Furuya to have the claimed feature would require a significant reconstruction of the tights and would be improper hindsight reasoning based upon Applicant's disclosure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional relevant references cited on attached PTO-892 form(s) can be used to formulate a rejection if necessary. Uemichi (EP 2199444 A1) discloses a lower-body garment comprising a first leg portion and a second leg portion extending from a torso portion, the garment formed from a knitted component, the knitted component comprising a plurality of courses extending in different directions.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732
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