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 .
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:
“fabric made protrusions”;
“Knitted loops/knitted structures”;
“half sphere”;
“cup shaped”;
“terry knitted structures”;
must be shown or the feature(s) canceled from the claim(s). 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 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 12-21 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.
Claims 2, 12, 16, and 17 recite “fabric regions” that “exclude/lack any fabric made protrusions”. This recitation is unclear. As noted above no drawings are present to describe these elements. Further, all knitted fabrics have some level of surface relief structure or “fabric made protrusions” that are inherently present on both surfaces due to the interlaced/knitted structure of the threads used to form the fabric. The scale of the protrusions is often small but nevertheless they are present on both surfaces of all knitted fabrics.
Claim 4 recites, “fabric made half sphere structures”. This recitation is unclear. As noted above no drawings are present to describe these elements. Further, knitted fabrics can form loop shaped structures but they can not form a “half sphere”. It is not clear what applicant is attempting to claim regarding the fabric-made structure. It appears applicant is attempting to provide different nomenclature for a fabric formed loop structure. Claims with recited “half sphere” recitation are interpreted to be common knitted loops of knitted fabrics.
Claim 13 is impossible to ascertain the clear scope being limited as the claim recites, “the second sub-region comprises one or more knitted structures that assist in transporting bodily fluids towards the first sub-region”; however claim 12 to which it depends recites, “a second sub-region, which is an elongated frame-shaped fabric-region, that lacks any inwardly-facing fabric-made protrusions”. “Knitted structures” would form some amount of surface structure or “protrusion”; so it is not possible to interpret the scope of this claim’s current language.
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)(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.
Claim(s) 1-11, is/are rejected under 35 U.S.C. 102a(1) as being anticipated by US 11893242 (Almog).
Regarding claim 1, ‘242 discloses: an undergarment for a human wearer [garment shown in fig. 8a], comprising:
a groin-covering fabric-region [801, fig. 8a], configured to cover from beneath a groin area of the human wearer [801 is functionally capable of covering a groin of a human from beneath; shown explicitly in fig. 8a];
a set of one or more other fabric-regions, configured to cover other, non-groin, areas of the human wearer [the remaining areas/regions of the garment in fig. 8a; are functionally capable of covering other, non-groin areas of a human];
wherein an inwardly-facing side of the groin-covering fabric-region has fabric-made protrusions that assist in absorbing bodily fluids of the human wearer [‘242 states explicitly in par. 34, “For example, a gusset region 801 or a bottom region, shown with diagonal lines, is formed of terry cloth or terry knitting; whereas the remainder of the underwear 800 is formed of non-terry cloth or non-terry knitting. The terry knitting or terry cloth in region 801 may serve one or more functional purposes, such as: to absorb wetness or urine or urine residue or menstrual cycle blood or excretions; to prevent visible wet spots on underwear and/or on a pair of pants that is worn; or the like.”].
Regarding claim 2, ‘242 discloses: the inwardly-facing side of the groin-covering fabric-region is an only fabric- region of said undergarment which has fabric-made protrusions; and wherein the set of one or more other fabric-regions of said undergarment exclude any such fabric-made protrusions [‘242 states explicitly in par. 34, “For example, a gusset region 801 or a bottom region, shown with diagonal lines, is formed of terry cloth or terry knitting; whereas the remainder of the underwear 800 is formed of non-terry cloth or non-terry knitting. The terry knitting or terry cloth in region 801 may serve one or more functional purposes, such as: to absorb wetness or urine or urine residue or menstrual cycle blood or excretions; to prevent visible wet spots on underwear and/or on a pair of pants that is worn; or the like.”; the terry cloth or knitting forms upstanding terry loops/protrusions while the non-terry cloth or knitting lacks these upstanding terry loops/protrusions].
Regarding claim 3, ‘242 discloses: wherein the fabric-made protrusions of the inwardly-facing side of the groin-covering fabric-region of the undergarment comprises a plurality of fabric-made knitted loops that are inwardly towards the groin and that assist in absorbing bodily fluids of the human wearer [‘242 states explicitly in par. 34, “For example, a gusset region 801 or a bottom region, shown with diagonal lines, is formed of terry cloth or terry knitting; whereas the remainder of the underwear 800 is formed of non-terry cloth or non-terry knitting. The terry knitting or terry cloth in region 801 may serve one or more functional purposes, such as: to absorb wetness or urine or urine residue or menstrual cycle blood or excretions; to prevent visible wet spots on underwear and/or on a pair of pants that is worn; or the like.”].
Regarding claim 4, to the extent understood by the examiner, ‘242 discloses: the fabric-made protrusions of the inwardly-facing side of the groin-covering fabric-region of the undergarment comprises a plurality of fabric-made half-sphere structures that are inwardly towards the groin and that assist in absorbing bodily fluids of the human wearer [‘242 states explicitly in par. 34, “For example, a gusset region 801 or a bottom region, shown with diagonal lines, is formed of terry cloth or terry knitting; whereas the remainder of the underwear 800 is formed of non-terry cloth or non-terry knitting. The terry knitting or terry cloth in region 801 may serve one or more functional purposes, such as: to absorb wetness or urine or urine residue or menstrual cycle blood or excretions; to prevent visible wet spots on underwear and/or on a pair of pants that is worn; or the like.”; the terry knitted loops appear to equate to applicant’s “half sphere” nomenclature, please refer to 112 rejection above regarding knitting’s inability to form a “half sphere” shape].
Regarding claim 5, ‘242 discloses: the fabric-made protrusions of the inwardly-facing side of the groin-covering fabric-region of the undergarment comprises a plurality of miniature fabric-made cup-shaped structures that are inwardly towards the groin and that assist in absorbing bodily fluids of the human wearer [‘242 states explicitly in par. 34, “For example, a gusset region 801 or a bottom region, shown with diagonal lines, is formed of terry cloth or terry knitting; whereas the remainder of the underwear 800 is formed of non-terry cloth or non-terry knitting. The terry knitting or terry cloth in region 801 may serve one or more functional purposes, such as: to absorb wetness or urine or urine residue or menstrual cycle blood or excretions; to prevent visible wet spots on underwear and/or on a pair of pants that is worn; or the like.”; terry knitted loops are in the scope of the term “miniature fabric made cup shaped structures”].
Regarding claim 6, ‘242 discloses: the inwardly-facing side of the groin-covering fabric-region of the undergarment comprises one or more knitted yarns that are hydrophilic yarns that further assist in absorbing bodily fluids of the wearer [‘242 states explicitly in par. 24, “cotton” as a material for the terry looped zone]; wherein the set of one or more other fabric-regions of said undergarment exclude any hydrophilic yarns [‘242 states explicitly in par. 24, “polyester”, inherently non-hydrophilic, as a material for the non-terry looped zone; in par. 58, “In some embodiments, the terry garment-region is formed of a first type of yarn; and the non-terry garment-region is formed of a second, different, type of yarn.”; and in par. 56, “In some embodiments, the terry garment-region provides a first level of sweat and moisture absorption; wherein the non-terry garment region has a second, smaller, level of sweat and moisture absorption.].
Regarding claim 7, ‘242 discloses: the inwardly-facing fabric-made protrusions of the groin-covering fabric-region of the undergarment are formed of knitted hydrophilic yarns that further assist in absorbing bodily fluids of the wearer [‘242 states explicitly in par. 24, “cotton”, inherently hydrophilic, as a material for the terry looped zone].
Regarding claim 8, ‘242 discloses: the inwardly-facing side of the groin-covering fabric-region of the undergarment comprises one or more knitted yarns that are pre-treated or pre-coated by an anti-bacterial agent [‘242 states explicitly in par. 25, the terry regions “coated” with various agents including “antibacterial agent”];
wherein the set of one or more other fabric-regions of said undergarment exclude any yarns that are pre-treated or pre-coated by an anti-bacterial agent [par. 25 recites embodiments where the non-terry regions do not include an anti-bacterial agent].
Regarding claim 9, ‘242 discloses: the inwardly-facing fabric-made protrusions of the groin-covering fabric-region of the undergarment are formed of one or more knitted yarns that are pre-treated or pre-coated by an anti-bacterial agent [‘242 states explicitly in par. 25, the terry regions “coated” with various agents including “antibacterial agent”].
Regarding claim 10, ‘242 discloses: wherein the inwardly-facing side of the groin-covering fabric-region of the undergarment comprises one or more knitted yarns that are pre-treated or pre-coated by an anti-odor agent or by an odor-reducing agent [‘242 states explicitly in par. 25, the terry regions “coated” with various agents including “anti-odor agent”];
wherein the set of one or more other fabric-regions of said undergarment exclude any yarns that are pre-treated or pre-coated by an anti-odor agent or by an odor-reducing agent [par. 25 recites embodiments where the non-terry regions do not include an anti-odor agent].
Regarding claim 11, ‘242 discloses: the inwardly-facing fabric-made protrusions of the groin-covering fabric-region of the undergarment are formed of one or more knitted yarns that are pre-treated or pre-coated by an anti-odor agent or by an odor-reducing agent [‘242 states explicitly in par. 25, the terry regions “coated” with various agents including “anti-odor agent”].
Allowable Subject Matter
Claims 12-21 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.
Claims 13-16 depend from claim 12.
Claims 18-21 depend from claim 17.
Claim 12 appears to require a novel, non-obvious structure and arrangement of a groin covering fabric region of the undergarment as required by claim 1. More specifically, the groin covering region is limited to require two sub-regions of specific shape, and location. The second sub-region lacking inwardly facing fabric made protrusions and fully surrounding the first sub-region of the groin covering fabric region.
Claim 17 appears to require a novel, non-obvious structure and arrangement of a groin covering fabric region of the undergarment as required by claim 1. More specifically, the groin covering region is limited to require three sub-regions of specific shape, and location. The second and third sub-regions lacking inwardly facing fabric made protrusions; fully surrounding the first sub-region and second sub-regions, respectively, of the groin covering fabric region; and the three sub-regions each having different fluid absorption capacities with respect to each other.
These specifically claimed limitations are not disclosed nor taught as prima facie obvious over the prior art.
This is a provisional decision on the potential patentability of instant claims 12-21 and are subject to further search and/or consideration during the prosecution of the instant application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20250089815 A1
US 20240207112 A1
US 20230232923 A1
US 20220030960 A1
US 6082146 A
US 5392467 A
US 4898007 A
All recite garment/apparel devices that use fabric made structures in desired areas of the garment to provide desired levels of fluid absorption properties to the garment as desired.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 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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/ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732
