throbber
INTERROGATORY NO. 5
`
`APPENDIX A
`
`Identify the priority date that SherryWear alleges each Asserted Claim is entitled to and the
`complete factual and legal bases for Your assertions that each Asserted Claim is entitled to that
`priority date, including an identification of all portions of the specification that You contend
`provide alleged written description support (including all citations to relevant specifications and
`figures) on a claim-by-claim basis.
`
`Answer to Interrogatory No. 5
`
`SherryWear objects to Interrogatory No. 5 on the basis that it seeks information requiring
`legal opinions and/or legal conclusions.
`
`Subject to and without waiving any objections, SherryWear states that the Patents-in-Suit
`all claim priority to a continuation in part of Application No. 13/066,822, filed on April 26, 2011
`including as follows:
`
`Claim
`1. A bra pocket system
`combination comprising:
`a strap assembly including a
`chest strap and shoulder
`straps; left and right cups,
`each cup having inside and
`outside surfaces, the strap
`assembly being attached to
`the cups whereby the strap
`assembly adheres the cups to
`a wearer, each cup having
`curved upper, lower, interior
`body facing and opposite
`exterior edges
`
`U.S. Pat. No. 9,295,288
`
`Priority Date
`April 26, 2011
`
`Support
`See U.S. Pat. No. 8,597,072
`
`April 26, 2011
`
`‘072 Patent, Col. 3 l. 62 – Col. 4. l. 2 (“First
`provided is a strap assembly. The strap
`assembly includes a generally horizontal
`chest strap 14. The chest strap is
`positionable around the chest and back of a
`wearer. The strap assembly includes left and
`right generally vertical shoulder straps 16.
`The shoulder straps are positionable over
`the shoulders of the wearer. The shoulder
`straps have free ends. The free ends are
`coupled to the chest strap adjacent to the
`chest of the wearer and adjacent to the back
`of the wearer.”)
`
`‘072 Patent, Col. 4 l. 3-5 (“A left cup 18 is
`provided. A similarly configured right cup
`20 is provided. Each cup has an inside
`surface and an outside surface.”)
`
`‘072 Patent, Col. 5 l. 31-33 (“the strap
`assembly being attached to the cups
`
`NIKE-1049
`p. 1
`
`

`

`April 26, 2011
`
`April 26, 2011
`
`April 26, 2011
`
`a patch forming a pocket
`operatively associated with
`each cup, each patch having a
`linear upper edge and curved
`lower, interior body facing,
`and opposite exterior edges,
`each patch having inside and
`outside surfaces; stitching
`coupling the lower, interior
`body facing and opposite
`exterior edges of each patch
`to the lower, interior body
`facing, and opposite exterior
`edges of an associated cup;
`a linear opening formed along
`the upper edge of each patch;
`
`at least one of a handheld
`electronic device, keys, and
`pills removably positioned
`within the pocket of at least
`one of the left and right cups;
`and
`
`whereby the strap assembly adheres the
`cups to a wearer[.]”
`
`‘072 Patent, Col. 2 l. 65 – Col. 3. l. 3 (“A
`strap assembly includes a chest strap and
`shoulder straps. Similarly configured left
`and right cups are provided. Each cup has
`inside and outside surfaces. A rectangular
`patch is operatively associated with each
`cup. Each patch has upper and lower edges
`and interior and exterior edges.”)
`‘072 Patent, Col. 4 l. 14-20 (“A rectangular
`patch 32 is provided next. The patch is
`operatively associated with each cup. Each
`patch has generally horizontal upper and
`lower edges. Each patch has generally
`vertical interior and exterior edges. The
`patch has a periphery. The periphery has
`stitching. In this manner the periphery of
`each patch is coupled to the inside surface
`of an associated cup.”)
`
`‘072 Patent Col. 4 l. 29-31. (“Further
`provided is a linear slit 38. The slit is
`provided in each patch. The slit is provided
`parallel with, and closely spaced from, the
`upper edge of each patch.”)
`‘072 Patent, Col. 4 l. 38-53 (“Provided last
`is a hand held electronic device 46. The
`hand held electronic device is positionable
`within the chamber. The hand held
`electronic device has a height of 115
`millimeters, plus or minus 10 percent. The
`hand held electronic device has a width of
`59 millimeters. The hand held electronic
`device has a thickness of 9 millimeters plus
`or minus 10 percent. The slit is adapted to
`stretch to the open orientation when adding
`the hand held device to, or removing the
`hand held device from, the chamber. The
`slit is adapted to contract to the closed
`orientation when the hand held device is
`within or without the chamber. The
`
`p. 2
`
`

`

`thickness and the material of the cups and
`the patches are adapted to abate inward
`projections by the hand held devices in the
`chambers tending to poke a user. The
`thickness and the material of the cups and
`the patches are adapted to abate outward
`projections by the hand held devices in the
`chambers tending to create unsightly
`projections.”
` 288 Patent, Col. 4 l. 59-62 (“Stitching 250
`couples the lower, interior and exterior
`edges of each patch to the lower, interior
`and exterior edges of an associated cup. A
`linear opening 252 is thus formed along the
`upper edge of each patch.”)
`
`Nov. 18, 2013
`
`April 26, 2011
`
`072 Patent, Col. 1 l. 56-58 (“The pockets
`and the patches are fabricated of a resilient
`closed cell polyurethane foam. The foam
`has a thickness of between 2 and 4
`millimeters.”)
`
`April 26, 2011
`
`Nov. 18, 2013
`
`072 Patent, Col. 1 l. 56-58 (“The pockets
`and the patches are fabricated of a resilient
`closed cell polyurethane foam. The foam
`has a thickness of between 2 and 4
`millimeters.”)
`288 Patent, Col. 4 l. 59-62 (“Stitching 250
`couples the lower, interior and exterior
`edges of each patch to the lower, interior
`and exterior edges of an associated cup. A
`linear opening 252 is thus formed along the
`upper edge of each patch.”)
`
`wherein each patch curved
`lower interior body facing
`and opposite exterior edges
`are aligned with each curved
`lower interior body facing
`and opposite exterior edges,
`and wherein the stitching is
`along the curved lower
`interior body facing and
`opposite exterior edges of the
`patch, the linear upper edge
`of each patch crossing over a
`surface of the cup to form the
`linear opening
`2. The system as set forth in
`claim 1 wherein the cups and
`the patches form pockets, the
`cups being fabricated of a
`resilient closed cell
`polyurethane foam with a
`thickness of from 2 to 4
`millimeters
`3. The system as set forth in
`claim 1 wherein the cups and
`the patches form pockets, the
`patches being fabricated of an
`elastic fabric.
`11. The system as set forth in
`claim 1 wherein the linear
`opening is facing the upper
`interior edge to allow the at
`least one of the handheld
`electronic device, keys, and
`pills to be removably
`positioned within the pocket
`by entry adjacent to a
`shoulder of the user.
`
`p. 3
`
`

`

`U.S. Pat. No. 9,289,016
`
`Priority Date
`April 26, 2011
`
`April 26, 2011
`
`Claim
`1. A pocket bra system
`comprising:
`a strap assembly including a
`chest strap and shoulder
`straps;
`
`April 26, 2011
`
`Nov. 18, 2013
`
`a left cup and a right cup,
`each cup having inside and
`outside surfaces, the strap
`assembly being attached to
`the cups whereby the strap
`assembly holds the cups to a
`wearer;
`
`a side patch on one of an
`inside or outside surface of
`each side of the chest strap
`adjacent to each of the left
`cup and right cup, the side
`patches having upper and
`lower edges along at least
`part of a length of the strap,
`and side edges, each side
`patch having stitching along
`the lower and side edges thus
`forming an upper opening at
`
`Support
`See U.S. Pat. No. 8,597,072
`
`‘072 Patent, Col. 3 l. 62 –
`Col. 4. l. 2 (“First provided is
`a strap assembly. The strap
`assembly includes a generally
`horizontal chest strap 14. The
`chest strap is positionable
`around the chest and back of
`a wearer. The strap assembly
`includes left and right
`generally vertical shoulder
`straps 16. The shoulder straps
`are positionable over the
`shoulders of the wearer. The
`shoulder straps have free
`ends. The free ends are
`coupled to the chest strap
`adjacent to the chest of the
`wearer and adjacent to the
`back of the wearer.”)
`
`
`‘072 Patent, Col. 4 l. 3-5 (“A
`left cup 18 is provided. A
`similarly configured right cup
`20 is provided. Each cup has
`an inside surface and an
`outside surface.”)
`
`
`288 Patent Col. 5 l. 9-15.
`(“Lastly provided is a side
`patch 268 on each side of the
`chest strap. The side patches
`each have a horizontal upper
`edge 270 and a lower edge
`272 and vertical side edges
`274. The upper and lower
`edges of each patch are
`longer than the side edges.
`The side patches include side
`stitching 276 along the lower
`
`p. 4
`
`

`

`each side patch such that each
`side patch forms a pocket,
`and wherein each side pocket
`extends onto the adjacent cup,
`such that each pocket spans
`both a part of the chest strap
`and a part of the adjacent cup.
`2. The system as set forth in
`claim 1 wherein the cups and
`the patches form pockets, the
`cups being fabricated of a
`resilient closed cell
`polyurethane foam with a
`thickness of from 2 to 4
`millimeters.
`4. The system as set forth in
`claim 1 and further including
`a handheld electronic device,
`the handheld electronic
`device placed within one of
`the side pockets.
`
`April 26, 2011
`
`April 26, 2011
`
`and side edges. Thus is
`formed an upper opening 278
`at each side patch.”)
`
`072 Patent, Col. 1 l. 56-58
`(“The pockets and the patches
`are fabricated of a resilient
`closed cell polyurethane
`foam. The foam has a
`thickness of between 2 and 4
`millimeters.”)
`
`072 Patent, Col. 4 l. 38-53
`(“Provided last is a hand held
`electronic device 46. The
`hand held electronic device is
`positionable within the
`chamber. The hand held
`electronic device has a height
`of 115 millimeters, plus or
`minus 10 percent. The hand
`held electronic device has a
`width of 59 millimeters. The
`hand held electronic device
`has a thickness of 9
`millimeters plus or minus 10
`percent. The slit is adapted to
`stretch to the open orientation
`when adding the hand held
`device to, or removing the
`hand held device from, the
`chamber. The slit is adapted
`to contract to the closed
`orientation when the hand
`held device is within or
`without the chamber. The
`thickness and the material of
`the cups and the patches are
`adapted to abate inward
`projections by the hand held
`devices in the chambers
`tending to poke a user. The
`thickness and the material of
`
`p. 5
`
`

`

`U.S. Pat. No. 9,808,036
`
`Priority Date
`April 26, 2011
`April 26, 2011
`
`
`
`Claim
`1. A pocket bra comprising:
`a strap assembly comprising a
`chest strap; and comprising
`left and right cups, each cup
`being an area to receive a
`breast of a wearer and having
`inside and outside surfaces,
`the strap assembly being
`attached to the cups whereby
`the strap assembly connects
`the cups to the wearer, each
`cup having upper, lower,
`interior body facing, and
`opposite exterior edges;
`
`April 26, 2011
`
`a patch forming a pocket
`operatively associated with at
`least one of the left and right
`cups, the patch having an
`upper edge, a lower interior
`body facing edge, and an
`
`the cups and the patches are
`adapted to abate outward
`projections by the hand held
`devices in the chambers
`tending to create unsightly
`projections.”
`
`Support
`See U.S. Pat. No. 8,597,072
`‘072 Patent, Col. 3 l. 62 –
`Col. 4. l. 2 (“First provided is
`a strap assembly. The strap
`assembly includes a generally
`horizontal chest strap 14. The
`chest strap is positionable
`around the chest and back of
`a wearer. The strap assembly
`includes left and right
`generally vertical shoulder
`straps 16. The shoulder straps
`are positionable over the
`shoulders of the wearer. The
`shoulder straps have free
`ends. The free ends are
`coupled to the chest strap
`adjacent to the chest of the
`wearer and adjacent to the
`back of the wearer.”)
`
`‘072 Patent, Col. 4 l. 3-5 (“A
`left cup 18 is provided. A
`similarly configured right cup
`20 is provided. Each cup has
`an inside surface and an
`outside surface.”)
`
`
`
`‘072 Patent, Col. 4 l. 14-17
`(“A rectangular patch 32 is
`provided next. The patch is
`operatively associated with
`each cup. Each patch has
`generally horizontal upper
`
`p. 6
`
`

`

`opposite lower exterior edge,
`the patch having inside and
`outside surfaces;
`stitching coupling the lower
`interior body facing edge, and
`the opposite lower exterior
`edge of the patch to at least
`one of the lower, interior
`body facing, and opposite
`exterior edges of the at least
`one of the left and right cups,
`or the chest strap;
`an opening formed along the
`upper edge of the patch;
`
`Nov. 18, 2013
`
`April 26, 2011
`
`April 26, 2011
`
`the opening capable of
`repeated receiving and
`removal of an item when
`being worn by the wearer;
`and
`
`and lower edges. Each patch
`has generally vertical interior
`and exterior edges.”)
`‘288 Patent Col. 4 l. 59-61.
`(“Stitching 250 couples the
`lower, interior and exterior
`edges of each patch to the
`lower, interior and exterior
`edges of an associated cup.”)
`
`‘072 Patent Col. 1 l. 59-61.
`(“Further provided is a linear
`slit. The slit is provided in
`each patch. The slit is
`provided parallel with, and
`closely spaced from, the
`upper edge of each patch.”)
`
`
`‘072 Patent, Col. 4 l. 38-53
`(“Provided last is a hand held
`electronic device 46. The
`hand held electronic device is
`positionable within the
`chamber. The hand held
`electronic device has a height
`of 115 millimeters, plus or
`minus 10 percent. The hand
`held electronic device has a
`width of 59 millimeters. The
`hand held electronic device
`has a thickness of 9
`millimeters plus or minus 10
`percent. The slit is adapted to
`stretch to the open orientation
`when adding the hand held
`device to, or removing the
`hand held device from, the
`chamber. The slit is adapted
`to contract to the closed
`orientation when the hand
`held device is within or
`without the chamber. The
`thickness and the material of
`
`p. 7
`
`

`

`Nov. 18, 2013
`
`wherein the upper edge of the
`patch crosses over a surface
`of the cup to form the
`opening, the upper edge of
`the patch being offset from an
`upper edge of the cup.
`
`Nov. 18, 2013
`
`April 26, 2011
`
`2. The pocket bra of claim
`1 wherein the stitching is
`along the lower interior body
`facing and opposite exterior
`edges of the patch.
`
`3. A bra pocket system
`comprising the pocket bra
`of claim 1 and further
`comprising a non-padding
`item removably positioned
`within the pocket of at least
`one of the left and right cups.
`
`the cups and the patches are
`adapted to abate inward
`projections by the hand held
`devices in the chambers
`tending to poke a user. The
`thickness and the material of
`the cups and the patches are
`adapted to abate outward
`projections by the hand held
`devices in the chambers
`tending to create unsightly
`projections.”
` 288 Patent, Col. 4 l. 59-62
`(“Stitching 250 couples the
`lower, interior and exterior
`edges of each patch to the
`lower, interior and exterior
`edges of an associated cup. A
`linear opening 252 is thus
`formed along the upper edge
`of each patch.”)
`288 Patent Col. 4 l. 59-61.
`(“Stitching 250 couples the
`lower, interior and exterior
`edges of each patch to the
`lower, interior and exterior
`edges of an associated cup.”)
`072 Patent, Col. 4 l. 38-53
`(“Provided last is a hand held
`electronic device 46. The
`hand held electronic device is
`positionable within the
`chamber. The hand held
`electronic device has a height
`of 115 millimeters, plus or
`minus 10 percent. The hand
`held electronic device has a
`width of 59 millimeters. The
`hand held electronic device
`has a thickness of 9
`millimeters plus or minus 10
`percent. The slit is adapted to
`stretch to the open orientation
`when adding the hand held
`device to, or removing the
`hand held device from, the
`
`p. 8
`
`

`

`chamber. The slit is adapted
`to contract to the closed
`orientation when the hand
`held device is within or
`without the chamber. The
`thickness and the material of
`the cups and the patches are
`adapted to abate inward
`projections by the hand held
`devices in the chambers
`tending to poke a user. The
`thickness and the material of
`the cups and the patches are
`adapted to abate outward
`projections by the hand held
`devices in the chambers
`tending to create unsightly
`projections.”
`288 Patent Col. 4 l. 59-61.
`(“Stitching 250 couples the
`lower, interior and exterior
`edges of each patch to the
`lower, interior and exterior
`edges of an associated cup.”)
`
`See U.S. Pat. No. 8,597,072
`‘072 Patent, Col. 3 l. 62 –
`Col. 4. l. 2 (“First provided is
`a strap assembly. The strap
`assembly includes a generally
`horizontal chest strap 14. The
`chest strap is positionable
`around the chest and back of
`a wearer. The strap assembly
`includes left and right
`generally vertical shoulder
`straps 16. The shoulder straps
`are positionable over the
`shoulders of the wearer. The
`shoulder straps have free
`ends. The free ends are
`
`Nov. 18, 2013
`
`April 26, 2011
`April 26, 2011
`
`5. The pocket bra of claim
`1 wherein the patch lower
`interior body facing and
`opposite exterior edges are
`aligned with the lower
`interior body facing and
`opposite exterior edges of the
`one of the left and right cups,
`and wherein the stitching is
`along the lower interior body
`facing and opposite exterior
`edges of the patch.
`6. A pocket bra comprising:
`a strap assembly comprising a
`chest strap; and comprising
`left and right cups, each cup
`being an area to receive a
`breast of a wearer and having
`inside and outside surfaces,
`the strap assembly being
`attached to the cups whereby
`the strap assembly connects
`the cups to the wearer, each
`cup having upper, lower,
`interior body facing, and
`opposite exterior edges;
`
`p. 9
`
`

`

`coupled to the chest strap
`adjacent to the chest of the
`wearer and adjacent to the
`back of the wearer.”)
`
`‘072 Patent, Col. 4 l. 3-5 (“A
`left cup 18 is provided. A
`similarly configured right cup
`20 is provided. Each cup has
`an inside surface and an
`outside surface.”)
`
`
`
`‘072 Patent, Col. 4 l. 14-17
`(“A rectangular patch 32 is
`provided next. The patch is
`operatively associated with
`each cup. Each patch has
`generally horizontal upper
`and lower edges. Each patch
`has generally vertical interior
`and exterior edges.”)
`‘288 Patent Col. 4 l. 59-61.
`(“Stitching 250 couples the
`lower, interior and exterior
`edges of each patch to the
`lower, interior and exterior
`edges of an associated cup.”)
`
`‘288 Pat. No. Col. 4. l. 43- 48
`(“As shown in FIGS. 9 and
`10, there is illustrated a
`pocket bra system 200 for
`removably receiving a
`handheld electronic device
`and other objects while
`providing support and shape
`to the breasts of a wearer.”)
`
` ‘288 Patent, Col. 4 l. 59-62
`(“Stitching 250 couples the
`lower, interior and exterior
`
`April 26, 2011
`
`Nov. 18, 2013
`
`April 26, 2011
`
`a patch forming a pocket
`operatively associated with at
`least one of the left and right
`cups, the patch having an
`upper edge, a lower interior
`body facing edge, and an
`opposite lower exterior edge,
`the patch having inside and
`outside surfaces;
`stitching coupling the lower
`interior body facing edge, and
`the opposite lower exterior
`edge of the patch to the
`lower, interior body facing,
`and opposite exterior edges of
`the at least one of the left and
`right cups; an opening formed
`along the upper edge of the
`patch;
`the opening capable of
`repeated receiving and
`removal of an item when
`being worn by the wearer;
`and
`
`wherein the upper edge of the
`patch crosses over a surface
`of the cup to form the
`
`Nov. 18, 2013
`
`p. 10
`
`

`

`opening, the upper edge
`crossing in such that the
`opening faces the interior
`body facing edge of the one
`of the left and right cup to
`which it is attached, the upper
`edge of the patch being offset
`from an upper edge of the
`cup.
`7. The pocket bra of claim
`6 wherein the stitching is
`along the lower interior body
`facing and opposite exterior
`edges of the patch.
`
`8. A bra pocket system
`comprising the pocket bra
`of claim 6 and further
`comprising a non-padding
`item removably positioned
`within the pocket of at least
`one of the left and right cups.
`
`Nov. 18, 2013
`
`April 26, 2011
`
`edges of each patch to the
`lower, interior and exterior
`edges of an associated cup. A
`linear opening 252 is thus
`formed along the upper edge
`of each patch.”)
`
`‘288 Patent Col. 4 l. 59-61.
`(“Stitching 250 couples the
`lower, interior and exterior
`edges of each patch to the
`lower, interior and exterior
`edges of an associated cup.”)
`‘072 Patent, Col. 4 l. 38-53
`(“Provided last is a hand held
`electronic device 46. The
`hand held electronic device is
`positionable within the
`chamber. The hand held
`electronic device has a height
`of 115 millimeters, plus or
`minus 10 percent. The hand
`held electronic device has a
`width of 59 millimeters. The
`hand held electronic device
`has a thickness of 9
`millimeters plus or minus 10
`percent. The slit is adapted to
`stretch to the open orientation
`when adding the hand held
`device to, or removing the
`hand held device from, the
`chamber. The slit is adapted
`to contract to the closed
`orientation when the hand
`held device is within or
`without the chamber. The
`thickness and the material of
`the cups and the patches are
`adapted to abate inward
`projections by the hand held
`devices in the chambers
`tending to poke a user. The
`thickness and the material of
`
`p. 11
`
`

`

`Nov. 18, 2013
`
`April 26, 2011
`
`April 26, 2011
`
`9. The pocket bra of claim
`6 wherein the patch lower
`interior body facing and
`opposite exterior edges are
`aligned with the lower
`interior body facing and
`opposite exterior edges of the
`one of the left and right cups,
`and wherein the stitching is
`along the lower interior body
`facing and opposite exterior
`edges of the patch.
`10. The pocket bra of claim
`6 further comprising a second
`patch forming a second
`pocket operatively associated
`with the other of the left and
`right cup.
`
`18. The pocket bra of claim 1
`further comprising a second
`patch forming a second
`pocket operatively associated
`with the other of the left and
`right cup.
`
`
`
`Claim
`1. A pocketed bra assembly
`comprising:
`a strap assembly including a
`chest strap;
`
`U.S. Pat. No. 9,723,878
`
`Priority Date
`April 26, 2011
`
`April 26, 2011
`
`the cups and the patches are
`adapted to abate outward
`projections by the hand held
`devices in the chambers
`tending to create unsightly
`projections.”
`‘288 Patent Col. 4 l. 59-61.
`(“Stitching 250 couples the
`lower, interior and exterior
`edges of each patch to the
`lower, interior and exterior
`edges of an associated cup.”)
`
`‘072 Patent, Col. 4 l. 14-17
`(“A rectangular patch 32 is
`provided next. The patch is
`operatively associated with
`each cup. Each patch has
`generally horizontal upper
`and lower edges. Each patch
`has generally vertical interior
`and exterior edges.”)
`072 Patent, Col. 4 l. 14-17
`(“A rectangular patch 32 is
`provided next. The patch is
`operatively associated with
`each cup. Each patch has
`generally horizontal upper
`and lower edges. Each patch
`has generally vertical interior
`and exterior edges.”)
`
`
`Support
`See U.S. Pat. No. 8,597,072
`
`‘072 Patent, Col. 3 l. 62 –
`Col. 4. l. 2 (“First provided is
`a strap assembly. The strap
`
`p. 12
`
`

`

`assembly includes a generally
`horizontal chest strap 14. The
`chest strap is positionable
`around the chest and back of
`a wearer. The strap assembly
`includes left and right
`generally vertical shoulder
`straps 16. The shoulder straps
`are positionable over the
`shoulders of the wearer. The
`shoulder straps have free
`ends. The free ends are
`coupled to the chest strap
`adjacent to the chest of the
`wearer and adjacent to the
`back of the wearer.”)
`
`‘072 Patent, Col. 4 l. 3-5 (“A
`left cup 18 is provided. A
`similarly configured right cup
`20 is provided. Each cup has
`an inside surface and an
`outside surface.”)
`
`
`
`‘288 Patent, Col. 5 l. 9-16
`(“Lastly provided is a side
`patch 268 forming a side
`pocket on each side of the
`chest strap. The side patches
`each have a horizontal upper
`edge 270 and a lower edge
`272 and vertical side edges
`274. The upper and lower
`edges of each patch are
`longer than the side edges.
`The side patches include side
`stitching 276 along the lower
`and side edges. Thus is
`formed an upper opening 278
`at each side patch.”))
`
`Apr. 26, 2011
`
`Nov. 18, 2013
`
`a left cup and a right cup,
`each cup being an area to
`receive a breast of a wearer
`having inside and outside
`surfaces, the strap assembly
`being attached to the cups
`whereby the strap assembly
`holds the cups to a wearer,
`with the chest strap extending
`from the left cup towards the
`wearer's back and extending
`from the right cup towards
`the wearer's back;
`a side patch on one of an
`inside or outside surface of
`the chest strap adjacent to at
`least one of the left cup and
`right cups, the side patch
`having upper and lower edges
`along at least part of a length
`of the chest strap, and side
`edges, the side patch upper
`edge lying along a same edge
`line as at least a portion of a
`top edge of the chest strap,
`the side patch having
`stitching along the lower and
`side edges thus forming an
`upper opening such that the
`
`p. 13
`
`

`

`side patch forms a pocket, the
`upper opening capable of
`repeated receiving and
`removal of an item when
`being worn by the wearer;
`and
`
`an item removably positioned
`in the pocket.
`
`April 26, 2011
`
`
`‘288 Pat. No. Col. 4. l. 43- 48
`(“As shown in FIGS. 9 and
`10, there is illustrated a
`pocket bra system 200 for
`removably receiving a
`handheld electronic device
`and other objects while
`providing support and shape
`to the breasts of a wearer.”)
`
`‘072 Patent, Col. 4 l. 38-53
`(“Provided last is a hand held
`electronic device 46. The
`hand held electronic device is
`positionable within the
`chamber. The hand held
`electronic device has a height
`of 115 millimeters, plus or
`minus 10 percent. The hand
`held electronic device has a
`width of 59 millimeters. The
`hand held electronic device
`has a thickness of 9
`millimeters plus or minus 10
`percent. The slit is adapted to
`stretch to the open orientation
`when adding the hand held
`device to, or removing the
`hand held device from, the
`chamber. The slit is adapted
`to contract to the closed
`orientation when the hand
`held device is within or
`without the chamber. The
`thickness and the material of
`the cups and the patches are
`adapted to abate inward
`projections by the hand held
`devices in the chambers
`tending to poke a user. The
`thickness and the material of
`the cups and the patches are
`adapted to abate outward
`projections by the hand held
`devices in the chambers
`
`p. 14
`
`

`

`Nov. 18, 2013
`
`2. The bra assembly of claim
`1 and further including a
`handheld electronic device,
`the handheld electronic
`device placed within the side
`pocket.
`
`Feb. 5, 2015
`
`3. The bra assembly of claim
`1 wherein the strap assembly
`further comprises two
`shoulder straps, and a central
`area at a back of the strap
`assembly opposite to the left
`and right cups, the two
`shoulder straps and chest
`strap joining together at the
`central area, and further
`comprising a back pocket on
`the central area.
`
`tending to create unsightly
`projections.”
`‘288 Patent Col. 5 l. 9-16.
`(“Lastly provided is a side
`patch 268 on each side of the
`chest strap. The side patches
`each have a horizontal upper
`edge 270 and a lower edge
`272 and vertical side edges
`274. The upper and lower
`edges of each patch are
`longer than the side edges.
`The side patches include side
`stitching 276 along the lower
`and side edges. Thus is
`formed an upper opening 278
`at each side patch.”)
`‘016 Patent, Col. 5 l. 62 –
`Col. 6 l. 13. (“FIG. 13
`provides a view of an
`embodiment of a bra having a
`back pocket. The present
`embodiment is shown as a
`sports bra version, however it
`should be understood that the
`back pocket design may be
`employed on any bra, and
`may be positioned on the
`chest strap, similarly to the
`side pocket embodiment
`described above. This may be
`particularly useful on front-
`open bra designs. In the
`embodiment shown, two
`shoulder straps 306, and two
`sides of the chest strap 301
`extend away from a central
`area 305. On this central area
`is a pocket 304. The pocket
`may be formed in any manner
`and may be defined at its
`boundary 302 by stitching, a
`separate pocket material
`behind the central area 305
`material, or by any other
`structure. An opening 303 to
`
`p. 15
`
`

`

`the pocket 304 is shown at a
`top, but it should be
`understood that the opening
`303 may be on the sides,
`middle, bottom, or anywhere
`on the pocket, depending on
`embodiment. A closure (not
`shown) may be used to hold
`the pocket in a closed
`position. The closure may be
`any structure capable of
`holding the pocket opening
`303 in a closed position.)
`‘072 Patent, Col. 4 l. 57-64
`(“A central patch 108 is
`provided. The central patch is
`provided intermediate the
`cups. In this manner a central
`chamber is formed. The
`central patch has horizontal
`upper and lower edges 110,
`112. The central patch has
`vertical side edges 114, 116.
`The upper and lower edges
`are longer than the side
`edges. The central patch has a
`central slit 118. The central
`slit is provided parallel with
`and in proximity to the upper
`edge. The central chamber is
`adapted to receive and
`support keys.”)
`See U.S. Pat. No. 8,597,072
`
`‘072 Patent, Col. 4 l. 3-5 (“A
`left cup 18 is provided. A
`similarly configured right cup
`20 is provided. Each cup has
`an inside surface and an
`outside surface.”)
`
`
`
`
`
`14. The bra assembly of
`claim 1 further comprising a
`central patch attached
`intermediate to the left and
`right cups, the central patch
`forming a central chamber
`pocket.
`
`Apr. 26, 2011
`
`Apr. 26, 2011
`
`15. A chest covering
`comprising:
`a left cup and a right cup,
`each cup being an area to
`receive a breast of a wearer,
`and having inside and outside
`surfaces, the strap assembly
`being attached to the cups
`whereby the strap assembly
`holds the cups to a wearer,
`with the chest strap extending
`from the left cup towards the
`wearer's back and extending
`
`p. 16
`
`

`

`Nov. 18, 2013
`
`Nov. 18, 2013
`
`from the right cup towards
`the wearer's back;
`a side patch on one of an
`inside or outside surface of
`the chest strap adjacent to at
`least one of the left cup and
`right cups, the side patch
`having upper and lower edges
`along at least part of a length
`of the chest strap, and side
`edges, the side patch upper
`edge lying along a same edge
`line as at least a portion of a
`top edge of the chest strap,
`the side patch having
`stitching along the lower and
`side edges thus forming an
`upper opening such that the
`side patch forms a pocket, the
`upper opening capable of
`repeated receiving and
`removal of an item when
`being worn by the wearer.
`
`17. The bra assembly of
`claim 1 wherein a front side
`edge of the side patch abuts
`an edge of the at least one of
`the left cup and the right cup,
`the pocket extending to the
`edge of the at least one of the
`left cup and the right cup.
`
`
`
`
`
`
`‘288 Patent, Col. 5 l. 9-16
`(“Lastly provided is a side
`patch 268 each side of the
`chest strap. The side patches
`each have a horizontal upper
`edge 270 and a lower edge
`272 and vertical side edges
`274. The upper and lower
`edges of each patch are
`longer than the side edges.
`The side patches include side
`stitching 276 along the lower
`and side edges. Thus is
`formed an upper opening 278
`at each side patch.”)
`
`‘288 Pat. No. Col. 4. l. 43- 48
`(“As shown in FIGS. 9 and
`10, there is illustrated a
`pocket bra system 200 for
`removably receiving a
`handheld electronic device
`and other objects while
`providing support and shape
`to the breasts of a wearer.”)
`288 Patent Col. 5 l. 9-16.
`(“Lastly provided is a side
`patch 268 on each side of the
`chest strap. The side patches
`each have a horizontal upper
`edge 270 and a lower edge
`272 and vertical side edges
`274. The upper and lower
`edges of each patch are
`longer than the side edges.
`The side patches include side
`stitching 276 along the lower
`and side edges. Thus is
`formed an upper opening 278
`at each side patch.”)
`
`p. 17
`
`

`

`U.S. Pat. No. 10,244,800
`
`Priority Date
`April 26, 2011
`
`April 26, 2011
`
`Claim
`1. A pocket bra assembly
`comprising:
`a strap assembly including a
`chest strap and shoulder
`straps, the chest strap having
`a front portion configured to
`be positioned on a front of a
`user, and a back portion
`configured to be positioned
`on a back of the user, the
`shoulder strap

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