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IPR2017-00044, No. 1002-2 Exhibit - Expert Declaration (P.T.A.B. Oct. 7, 2016)
I am informed that a validity analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim; it is appropriate to take account of the inferences and creative steps that one of ordinary skill in the art would employ.
As an initial matter, I disagree with the argument that one of skill in the art would not be motivated to combine a dual breast form system containing a connector with a silicone encased in thermoplastic structure to arrive at the claimed invention.
The second approach that one of skill in the art would consider, as described below with reference to Ground 2, would be to combine a known backless, strapless bra containing a connector such as Valentin, with a volume of silicone gel that includes the pressure sensitive adhesive layer as disclosed in Chen.
Alternatively, as described below with reference to Ground 3, a person of ordinary skill in the art would combine a backless, strapless bra such as Noble, with a volume of silicone gel including adhesive of Mulligan and a connector of Hedu.
Because features such as silicone and center connector were well known to enhance the existing bras, the design incentives provided a person of ordinary skill in the art with a reason to make such a predictable adaptation, resulting in the claimed invention.
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IPR2017-00044, No. 1002-2 Exhibit - Expert Declaration (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1011-11 Exhibit - US Patent No 6,645,042 (P.T.A.B. Oct. 7, 2016)
- - * cited by examiner (73) Assignee: Brazabra Corporation, Lee, MA (US) (*) Notice: Subject to any disclaimer, the term of this Primary Examiner—Gloria M. Hale patent is extended or adjusted under 35 (74) Attorney, Agent, or Firm—Robin, Blecker & Daley U.S.C. 154(b) by 140 days.
Referring to the accompanying drawings, which are incorporated in and constitute a part of the specification, FIGS. 1–6 illustrate a preferred embodiment of the present invention.
As shown in FIG. 4, the peripheral portion 30 of each cup 12, 14 is relatively flat for comfortable placement proximate to the underside and outer sides of the user’s breast.
It is understood that peripheral portion 30 may be larger or smaller in width, depending on the bra cup size, than is generally shown in the drawings.
A strapless and backless bra in accordance with claim 21, wherein said adhesive material is disposed on the inside surface of each of said first and second cup at the peripheral region thereof.
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IPR2017-00044, No. 1011-11 Exhibit - US Patent No 6,645,042 (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1012-12 Exhibit - US Patent No 6,231,424 (P.T.A.B. Oct. 7, 2016)
Background Art In the production of undergarments, a bra is often required that can be Worn With backless, loW cut, or other revealing garments.
Therefore, there exists the need for a strapless and back less bra that can be Worn With revealing clothing While lifting and supporting the breasts of a user With uniformity and comfort.
It is therefore an advantage of the present invention to provide a strapless and backless bra for lifting and support ing the breasts of a user With uniformity and comfort.
The combination of using a highly stretchable fabric and the particular placement of the tabs 42 and 44 provides optimal lift, support, and appearance of the user’s breasts While alloWing the user 38 to Wear backless or similar revealing clothing.
Such modi?cations and variations that may be apparent to a person skilled in the art are intended to be included Within the scope of this invention as de?ned by the accompanying claims.
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IPR2017-00044, No. 1012-12 Exhibit - US Patent No 6,231,424 (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1020-19 Exhibit - Claim Construction Order in Bragel v Telebrands (P.T.A.B. Oct. 7, 2016)
One popular type of breast form, which looks and feels natural, and enhances the self-image and confidence of the user, is made from silicone gel that is completely encased in a plastic film.
Individuals skilled in the art to which the present breast form enhancement system pertains will understand that variations and modifications to the embodiments can be used beneficially without departing from the scope of the invention.” °Id., C01.
“It has long been understood that a patent must describe the exact scope of an invention and its manufacture to ‘secure to [the patentee] all to which he is entitled, [and] to apprize the public of what is still open to them.” Id. (quoting McClain v. Ortmayer, 141 U.S. 419, 424 (1891)).
These sources include “the words of the claims themselves, the remainder of the specification, the prosecution history, and extrinsic evidence concerning relevant scientific principles, the meaning of technical terms, and the state of the art.” Id. at 1314; lnnova/Pure Water, 381 F.3d at 1116.
It cites the inventors’ discussion in the Background of the Invention section regarding existing backless, strapless bras that use non- permanent adhesives, such as disposable double-sided tape, to secure the bra to the user.
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IPR2017-00044, No. 1020-19 Exhibit - Claim Construction Order in Bragel v Telebrands (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1008-8 Exhibit - February 5, 2004 Amendment for 720 FH (P.T.A.B. Oct. 7, 2016)
Specifically, in an Office action dated September 24, 2003 for App. No. 10/21 1,1 10, Examiner Hale rejected dependent claims 12 and 30 of that application under 35 U.S.C. § 103(a), alleging that the limitation of the pressure sensitive adhesive being "permanently grown" to the interior surface of the bra cups would have been obvious based
Appln No. 10/159,251 Amdt date February 5, 2004 Reply to Office action of December 31, 2003 disclosed in Furuno et al., and as recognized by the Examiner, would have been known to one having ordinary skill in the art at the time the invention was made.
Appln No. 10/159,251 Amdt date February 5, 2004 Reply to office action of December 31, 2003 With respect to the limitation of "a volume of silicone gel encased between thermoplastic film material," there is no disclosure, teaching, or suggestion in Noble et al. of such a structure.
Similarly, Noble et al. contains no suggestion or motivation for being altered to having avolume of silicone encased by thermoplastic film material or having a pressure sensitive adhesive layer disposed on substantially the entire interior surface.
Similarly, the silicone breast enhancers disclosed in the Dr. Leonard's catalog do not provide support for making a modification to, or combination with, the Noble et al. bra or the Furuno nipple pads.
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IPR2017-00044, No. 1008-8 Exhibit - February 5, 2004 Amendment for 720 FH (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1009-9 Exhibit - February 27, 2004 NOA for 720 FH (P.T.A.B. Oct. 7, 2016)
This collection is estimated to take 12 minutes to com lete, including gathering, preparing, and submitting the completed application form to the SPTO.
-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence addre All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
* Certified copies not received: Applicant has THREE MONTHS FROM THE “MAILING DATE" of this communication to file a reply complying with the requirements noted below.
(a) El including changes required by the Notice of Draftsperson's Patent Drawing Review( PTO—948) attached 1) III hereto or 2) C] to Paper No.lMail Date (b) [1 including changes required by the attached Examiner's Amendment I Comment or in the Office action of Paper No./Mail Date identifying indicia such as the application number (see 37 CFR 1.8-1(c)) should be written on the drawings in the front (not the back) of each sheet.
_._:wnifif system including a volume of silicone encased between thermoplastic film material with the a concave interior surface facing the breast’s of the wearer with substantially the entire interior surface having a pressure sensitive adhesive disposed from edge to edge and with a connector positioned on the inner sides of the breast forms to connect the breast forms together as claimed in claim 30.
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IPR2017-00044, No. 1009-9 Exhibit - February 27, 2004 NOA for 720 FH (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1016-16 Exhibit - US Patent No 3,196,878 (P.T.A.B. Oct. 7, 2016)
In recent years it has ‘become increasingly common to modify this structure so that the torso encircling band is an integral elasticized strap and the detachable connection is placed between the breast cups, adjacent to the wearer’s sternum.
A further object is to provide a brassiere having novel clasp means for detachably releasing the connection be tween the breast cups for simple, efficient, and trouble ‘free donning or removing of the garment.
These ?exible portions, at the areas of depressions 18 are so spaced that when in their normal posit-ion, they securely hold the rib engaging sleeves 2t) and 22 of the clasp assembly and prevent them from passing over the ridges 19.
A modification of this structure is shown in FIG. 3 wherein a portion of the stay is in the form of an un dulating resilient strip 32, which de?nes a series of rela tively small apertures 30.
To release the clasp, the wearer may press on the ta pered outer leg 39 of the male member until the shoulder 40 may freely pass under the locking bar 46 and out the aperture 42.
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IPR2017-00044, No. 1016-16 Exhibit - US Patent No 3,196,878 (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1007-7 Exhibit - February 10, 2004 Declaration for 720 FH (P.T.A.B. Oct. 7, 2016)
A number of these products were known to provide an appearance and feel that is unnatural, and further preclude use with certain dresses or blouses designed to reveal the wearer's shoulder andlor back portion.
‘ Actually, it's better than that: The The directions -— a necessary read to avoid sags or sudden detachment --— NuBra's strapless design eliminates those red lines across the shoulders or claim the bra will adhere for up to six hours for each wearing.
flu Forms Nuflra, manufactured‘ by omi a-based Bragel lntemational, the same company,that pioneered water bras and gel prostheses for post-nrastecterny weal: Imagine a pair ofsilicon-'r’ille’o2 pol}-urethane falsies the color and consistency of pale veal cutlets.
(Slack is reportedly in the works) it retails far56O — and has been selling out almost as quickly as shipments have arrived — at Neiman Marcus, Smnley Korshalc, Sheers The Bodywear Bar, Tootsies.
Or send Money Order to: 716 Columbia Park Rd., Cheverly, MD 20785 USA -Al or US CONTINENTAL customers the total amount is your winning bid -1- ' 7.50 (shipping & handling) + $1.00(insurance).
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IPR2017-00044, No. 1007-7 Exhibit - February 10, 2004 Declaration for 720 FH (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1022-21 Exhibit - February 26, 2004 Interview Summary for 720 FH (P.T.A.B. Oct. 7, 2016)
Substance of Interview including description of the general nature of what was agreed to if an agreement was reached, or any other comments: See Continuation Sheet.
_ It is the responsibility of theiapplicant or the attorney or agent to make the substance of an interview of record in the application file, unless the examiner indicates he or she will do so.
If additional correspondence from the examiner is not likely before an allowance or if other circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
The Form provides for recordation of the following information: — Application Number (Series Code and Serial Number) — Name of applicant — Name of examiner — Date of interview — Type of interview (telephonic, video-conference, or personal) - Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.) — An indication whether or not an exhibit was shown or a demonstration conducted — An identification of the specific prior art discussed ~— An indication whether an agreement was reached and if so, a description ofthe general nature ofthe agreement (may be by attachment of a copy of amendments or claims agreed as being allowable).
Type: a)I:] Telephonic b)EI Video Conference c)[X| Personal [copy given to: 1)I:l applicant Exhibit shown or demonstration conducted: e)l:J No. d)|Z Yes If Yes, brief description: AQgiicant’s invention (NuBraI; Knock-Offinvention/(UnBra1,' Several Sample Boxes from Other Knock-Offs from throughout the worldtaggrox 12 out of over 30).
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IPR2017-00044, No. 1022-21 Exhibit - February 26, 2004 Interview Summary for 720 FH (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1017-17 Exhibit - Bragel SJ of Infringement Public (P.T.A.B. Oct. 7, 2016)
Plaintiff Bragel International, Inc. (“Bragel”) is an industry leading California corporation that designs, manufactures, and distributes strapless bras and attachable breast forms.
Figure 1 of the Patent-in-Suit (annotated) (Harder Decl. Ex. A-1 at ¶ 55) Each breast form 12 comprises a volume of silicone gel encased in a thermoplastic film, helping to provide a natural look and feel.
During the deposition of Defendant PPI’s corporate representative, CEO Abraham Hanan, physically reviewed and identified samples of the three Accused Glendale, CA 91203-1445 Suite 2300 655 North Central Avenue
As the moving party, Bragel bears the initial responsibility of “informing the district court of the basis for its motion” and identifying those portions of the record which it believes demonstrate the absence of a genuine issue of material fact.
for securing the breast form to the user's breast.” The Accused Products include a concave interior surface with a pressure sensitive adhesive layer, as shown in Ms. Harder’s expert report, Harder Decl. Ex. A-1 at ¶¶ 50-54, 76-80; Id. Ex. A-2 at 36-42: (Lace Silicone Fashion Bra Cup) Harder Decl. Ex. A-1 at ¶¶ 52 The interior surface of the cups face towards a user's breast, as shown in the Instruction Manuals:
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IPR2017-00044, No. 1017-17 Exhibit - Bragel SJ of Infringement Public (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1013-13 Exhibit - US Patent No 5,755,611 (P.T.A.B. Oct. 7, 2016)
standard brassieres require the use of hooks and straps to secure the breast cups in the proper position for the desired support and/or appearance.
The breast cup portion 1 and the ?attened peripheral ?ange 2 comprise a hard foam quality LD (low density) #60. supplied by Plasmar Limited of England The hard foam quality LD #60 (forming both the breast cup portion 1 and the ?attened peripheral ?ange 2) and the coarse covering material 9 are laminated into sheets.
the breast cup portion 22 and the ?attened peripheral ?ange 24 are integrally formed by pressing under heat (at approximately 140° C.) a lami nated sheet (e.g.. 12%"x81/z“) comprising thin foamed plas tics such as polyethylene sheet material (e.g.. “Plastazotem” #24 leg/M3 supplied by Plasmar Limited of England; Plas tazote is a low density closed cell.
It should be noted that a pair of SSBCs 20 may be worn in the orientation shown in FIG. 9. or may be at an angle such that each SSBC 20 is positioned near the wearer‘s armpit to give a “plunge” e?ect for wear with low-cut dresses and the like.
The apparatus of claim 1 wherein said releasable securing means further comprises a second adhesive layer on an inside surface of said soft cup portion.
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IPR2017-00044, No. 1013-13 Exhibit - US Patent No 5,755,611 (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1006-6 Exhibit - December 31, 2003 Office Action for 720 FH (P.T.A.B. Oct. 7, 2016)
3) 3 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is -- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -- Period for Reply
- Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term adjustment.
Claims 1-8 and 16-29 are rejected under 35 U.S.C. 112, first paragraph, as containing subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The Examiner takes Official Notice that it is well known that silicone gel materials are used in bra pads to add bulk to the wearer’s breasts.
Accordingly, it would have been obvious to substitute the fastener of Noble et al and Huang with that of Johnstone in order to provide the improved fit and adjustability.
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IPR2017-00044, No. 1006-6 Exhibit - December 31, 2003 Office Action for 720 FH (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1003-3 Exhibit - November 1, 2005 Office Action for 296 FH (P.T.A.B. Oct. 7, 2016)
3)[j Since this application isin condition for allowance except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex panfe Quayle, 1935 C.D.
Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
Johnstone discloses a hook and loop fastener strip connector 30,46 as seen in figure 1 to connect bra cups together which is well known in the art.
Accordingly it would have been obvious to one having ordinary skill in the art to substitute the tie connector of Noble et al with a hook and loop fastener connector as taught by Johnstone for ease in donning and doffing the brassiere breast forms in addition to providing adjustability between the breast forms.
Noble et al and Mulligan disclose the invention substantially as claimed except for the specific connector structure as being a single unit that is either removably or permanentlyjoined to each of the breast forms.
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IPR2017-00044, No. 1003-3 Exhibit - November 1, 2005 Office Action for 296 FH (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1015-15 Exhibit - US Patent No 5,922,023 (P.T.A.B. Oct. 7, 2016)
From German utility model G 91 14 512.0 it is knoWn to provide a prosthesis With an adhesive layer in a marginal Zone on its rear side.
On the other hand, it is unfavorable to attach such an adhesive layer on a material being too soft, as in this case dif?culties in the maintenance of the desired form of the prosthesis arise, and, furthermore, tensional and peeling forces occurring When the prosthesis is removed, cannot be effectively absorbed When the material is too soft.
Furthermore, the inner prosthesis body may be adapted to irregularities on the skin surface of the user due to its ?exibility and softness, Whereby an improved static friction can be obtained.
Thereby it is guaranteed that tensional and peeling forces occurring dur ing the removal of the prosthesis may be absorbed via said layer.
At the same time, the second prosthesis body 3 having the gel-like consistency enables an optimal adaptation of the adhesive layer 4 to the irregularities of the skin of the user, for instance to scars caused by an operation.
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IPR2017-00044, No. 1015-15 Exhibit - US Patent No 5,922,023 (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1024-23 Exhibit - July 12, 2005 Amendment and Disclaimer for 296 FH (P.T.A.B. Oct. 7, 2016)
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IPR2017-00044, No. 1024-23 Exhibit - July 12, 2005 Amendment and Disclaimer for 296 FH (P.T.A.B. Oct. 7, 2016)
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