Apparel – Nether garments – Bifurcated
Reexamination Certificate
1999-12-29
2001-06-12
Hale, Gloria M. (Department: 3765)
Apparel
Nether garments
Bifurcated
C002S227000, C002S400000, C002S238000
Reexamination Certificate
active
06243880
ABSTRACT:
FIELD OF THE INVENTION
The present invention relates to articles of apparel, and in particular, to athletic shorts which are suitable for use by male and female wearers.
BACKGROUND OF THE INVENTION
Over the last twenty years men's athletic shorts have evolved such that they frequently feature a textile outer layer or shell, and include a integral inner liner made of stretchlastic material which may include elastic material surrounding the openings for the legs, thus containing and obscuring the male reproductive organs. This inner liner also exerts force upon the male reproductive organs, that is, the penis and scrotum containing the testes, and both elevates and presses the male reproductive organs against the pubic area of the torso. Prior to the introduction of this type of athletic shorts, men frequently wore separate conventional underwear, boxer shorts, briefs, or jock straps underneath athletic shorts consisting of an outer layer or shell. This made for some redundancy in clothing, and it frequently happened that the outer garment would slide out of position relative to the undergarment resulting in an undesirable aesthetic appearance. Alternately, some men would brave wearing nothing at all under athletic shorts consisting of an outer layer or shell, but this would frequently result in chaffing, discomfort, and could present an offense to modesty, in particular, as the presence of perspiration could cause the outer layer or shell to cling to a wearer's anatomy.
While conventional prior art athletic shorts including an integral inner liner which elevate and press the male reproductive organs against the pubic area of the torso have solved some problems, they have unfortunately introduced others. Such athletic shorts do not permit the male reproductive organs to be suspended naturally. And it is well known that the degree to which the scrotum descends or elevates is at least partially dependent upon temperature. Elevating and pressing the scrotum and testes against the pubic area of the torso therefore potentially subjects these organs to higher than normal temperatures. This is now known to induce the so-called “Jockey Shorts Effect,” and can cause a decrease in the rate and quality of spermatogenesis, that is, sperm production. Research has been conducted on the “Jockey Shorts Effect,” e.g., see the following articles:
A. Zorgniotti, et al., “The Effect of Clothing on Scrotal temperature in Normal Men and Patients with Poor Semen,”
Urology,
February, 1982; 19(2):176-178.
J. Mulcahy, “Scrotal Hypothermia and the Infertile Man,”
Journal of Urology,
September, 1984; 132(3):469-470.
R. Mieusset, “Association of Scrotal Hyperthermia with Impaired Spermatogenesis in Infertile Men,”
Fertility and Sterility,
December, 1987; 48(6):1006-1011.
G. Brindley, “Deep Scrotal Temperature and the Effect on it of Clothing, Air Temperature, Activity, Posture and Paraplegia,”
British Journal of Urology,
February, 1982; 54(1):49-50.
Conventional prior art athletic shorts including an inner liner which elevate and press the male reproductive organs against the pubic area of the torso also decrease heat radiation and dissipation from the body. It is well known that the head, hands, feet, and male reproductive organs are the most vascularized portions of the male body and greatly contribute to heat dissipation.
Further, convention prior art athletic shorts including an inner liner which elevate and press the male reproductive organs against the pubic area of the torso are believed to adversely affect thermoregulation. In this regard, see J. Hales and J. Hutchinson, “Metabolic, Respiratory and Vasomotor Responses to Heating the Scrotum of the Ram,”
J. Physiology,
London, 1971, pages 353-375, and D. Ingram and K. Legge, “The Influence of Deep Body And Skin Temperatures on Thermoregulatory Responses to Heating of the Scrotum in Pigs,”
J. Physiology,
London, 1972, pages 477-487. The physiology of a pig is considered not far distant from man, thus some of the internal organs of pigs are sometimes transplanted into humans. Ingram found that merely exposing the scrotum of a pig to changing temperatures did indeed induce widespread changes in thermoregulation, such as shunting of blood to the skin, something which is known to have dramatic effects in the context of exercise physiology and athletic performance. The effects of various apparel constructions on heat dissipation and thermoregulation in man can be subjectively determined by weartesting, but also objectively measured and recorded with the use of thermometers and infrared thermography equipment.
In addition, conventional prior art athletic shorts including an inner liner which elevate and press the male reproductive organs against the pubic area of the torso are believed to adversely influence the production and operation of sex hormones and anabolic metabolism with respect to the process of adaptation and acquisition of athletic fitness. Endurance training such as distance running tends to lower testosterone levels, and generally, can suppress anabolic processes and functions within the body. The reasons for this are many, varied, and complex, but the acute cause primarily derives from the biochemistry of exercise as energy stores and electrolytes become depleted and de-hydration takes place. Moreover, demanding exercise is associated with other residual and chronic effects which can influence the operation of the endocrine system, thus shift the balance of the metabolism towards catabolism. For example, see the following articles which relate to this subject:
A. Hackney, et al., “Reproductive Hormonal Profiles of Endurance-Trained and Untrained Males,” Medicine and Science in
Sports Exercise,
February, 1988; 20(1):60-65.
J. Arce, “Subclinical Alterations in Hormone and Semen Profile in Athletes,”
Fertility and Sterility,
February, 1993; 59(2):398-404.
J. Arce, “Exercise and Male Factor Infertility,”
Sports Medicine,
March, 1993; 15(3):146-169.
C. Jensen, et al., “Prospective Study of Hormonal and Semen Profiles in Marathon Runners,”
Fertility and Sterility,
December, 1995; 64(6):1189-1196.
A. Bonen, et al., “Pituitary, Ovarian, and Adrenal Hormone Responses to Marathon Running,”
International Journal of Sports Medicine,
December, 1987; 8 Supplement 3:161-167.
H. Tanaka, et al., “Persistent Effects of a Marathon Run on the Pituitary-Testicular Axis,”
Journal of Endocrinological Investigation,
April, 1986; 9(2):97-101.
M. De Souza, et al., “Gonadal Hormones and Semen Quality in Male Runners. A Volume Threshold Effect of Endurance Training,”
International Journal of Sports Medicine,
October, 1994; 15(7): 383-391.
J. Ayers, et al., “Anthropomorphic, Hormonal, and Psychological Correlates of Semen Quality in Endurance-Trained Male Athletes,”
Fertility and Sterility,
June, 1985; 43(6): 917-921.
K. Kuoppasalmi, et al., “Plasma Cortisol, Androstenedione, Testosterone and Luteinizing Hormone in Running Exercise of Different Intensities,”
Scandanavian Journal of Clinical Laboratory Investigation,
September, 1980; 40(5): 403-409.
A. Urhausen, et al., “Blood Hormones as Markers of Training Stress and Overtraining,”
Sports Medicine,
October, 1995; 20(4): 251-276.
Moreover, it can be readily understood that a condition which has the capability of lowering sperm counts or affecting the viability of sperm, such as the “Jockey Shorts Effect,” can via biofeedback relationships thereby also influence the body's production of testosterone and larger function of the endocrine system. Accordingly, the so-called “Jockey Shorts Effect” may then not simply be a matter of lower sperm counts or less viable sperm being produced, rather it is believed that such can have a wider impact upon an individual's metabolism. In this regard, it is believed that a tendency exists for the male metabolism to be shifted in the direction of catabolism to greater degree than would otherwise be the case. By continually altering the normal balance and relationship between the anabolic and catabolic processes, individuals might advers
Hale Gloria M.
Westman Champlin & Kelly P.A.
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