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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/21/2025 has been entered.
Status of Claims
Claims 1, 23, 25-26 are amended and claim 27 is new due to Applicant's amendment dated 08/21/2025. Claims 1, 3-13, 16-23, and 25-27 are pending.
Response to Amendment
The rejection of claims 23 and 25-26 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement as set forth in the previous Office Action is overcome due to the Applicant’s amendment dated 08/21/2025. The rejection is withdrawn.
The rejection of claim 23 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 as set forth in the previous Office Action is overcome due to the Applicant’s amendment dated 08/21/2025. The rejection is withdrawn.
The rejection of claims 1, 3-4, 6-13, 16-22, and 25-26 under 35 U.S.C. 103 as being unpatentable over Anderson (US 6,253,777 B1) in view of Underwood (US 2007/0072502 A1), London (US 3,972,174), Okubo (English translation of JP 2006052505 A obtained from Espacenet), Minor (US 2015/0079865 A1), and Nash (US 2019/0016957 A1) is withdrawn due to reconsideration of the original grounds of rejection.
The rejection of claim 5 under 35 U.S.C. 103 as being unpatentable over Anderson in view of Underwood, London, Okubo, Minor, Nash, and Howland (US 6,720,277 B1) is withdrawn due to reconsideration of the original grounds of rejection.
The rejection of claim 23 under 35 U.S.C. 103 as being unpatentable over Anderson in view of Underwood, London, Okubo, Minor, Nash, and Hui (Ng, S. F., Chi Leung Hui, and C. Ip. “Dimensional stability of fabrics: resistance to shrinkage and other dimensional changes.” Understanding and Improving the Durability of Textiles. Elsevier Ltd, 2012. 59-69) is withdrawn due to reconsideration of the original grounds of rejection.
Response to Arguments
Applicant's arguments on pages 6-12 of the reply dated 08/21/2025 with respect to the rejections of claims 1, 3-13, 16-23, and 25-26 as set forth in the previous Office Action have been considered but are moot because the rejections have been withdrawn.
Claim Objections
Claims 1, 6-8, 10-13, 21, 23, and 25-27 are objected to because of the following informalities:
Claims 1, 10-13, 23, 25-27 recite “the fabric” and claims 1, 6-8, and 21 recite “the woven fabric”. For consistency and ease of reading, it is recommended to refer to the limitation as either “the fabric” or “the woven fabric” but not both.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-13, 16-23, and 25-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites a woven fabric comprising yarns, which comprise multifilament yarns, which further comprise texturized yarns and “the textured yarns being present in the warp direction in an amount of from about 40 yarns per inch to about 70 yarns per inch, the textured yarns extending in the fill direction in an amount of from about 25 yarns per inch to about 70 yarns per inch”. Similarly, claim 21 recites “the woven fabric contains textured yarns extending in the warp direction in an amount of from 40 yarns per inch to 70 yarns per inch and in the fill direction in an amount of from 40 yarns per inch to 70 yarns per inch”.
The instant specification recites the yarn density in the warp direction can be greater than about 40 yarns per inch to less than about 70 yarns per inch, and the yarn density in the fill direction can be greater than about 25 yarns per inch (or greater than about 40 yarns per inch) to less than about 70 yarns per inch (instant ¶ [00053]). However, this yarn density does not specifically apply to textured yarns, nor is this density inclusive of the end points (40 yarns per inch, 70 yarns per inch, and 25 yarns per inch).
Accordingly, while there is sufficient support for the yarns of the woven fabric being present in the warp direction in an amount of greater than about 40 yarns per inch to less than about 70 yarns per inch and there is sufficient support for the yarns of the woven fabric being present in the fill direction in an amount of greater than about 25 yarns per inch (or an amount of greater than about 40 yarns per inch) to less than about 70 yarns per inch, there is not sufficient support for the textured yarns being present in the warp direction in an amount of from about 40 yarns per inch to about 70 yarns per inch, the textured yarns extending in the fill direction in an amount of from about 25 yarns per inch to about 70 yarns per inch (as recited in claim 1), and there is not sufficient support for the textured yarns extending in the warp direction in an amount of from 40 yarns per inch to 70 yarns per inch and in the fill direction in an amount of from 40 yarns per inch to 70 yarns per inch (as recited in claim 21).
Claims 1 and 27 recite the fabric has an air permeability of greater than about 50 cfm, and claims 25 and 27 recite the fabric has an air permeability of less than about 100 cfm. However, the instant specification recites the fabric when tested according to ASTM Test D737 can have an air permeability of at least 50 cfm, and is generally less than about 100 cfm (instant ¶ [00012] and [00071]). Accordingly, while there is support for the fabric having an air permeability of greater than about 50 cfm or less than about 100 cfm when tested according to ASTM Test D737, there is not sufficient support for an air permeability of greater than about 50 cfm or less than about 100 cfm when tested by any method.
Claims 20 and 27 recite the texturized yarns have 105 to about 125 tie downs per meter. The instant specification recites the multifilament yarns can be texturized and can have greater than about 90 tie downs per meter to less than about 125 tie downs per meter (instant ¶ [00052]). Additionally, the instant specification includes an example wherein the multifilament yarns are texturized and contain from about 100 to about 125 tie downs per meter (instant ¶ [00078]). Accordingly, while there is support for about 90 tie downs per meter to less than about 125 tie downs per meter or about 100 to about 125 tie downs per meter, there is not sufficient support for yarns having 105 to about 125 tie downs per meter.
Claim 22 recites the outdoor cover product is not a tent. The instant specification recites preferred embodiments of the present disclosure include automotive and marine applications, awnings, casual outdoor furniture, tents, umbrellas, covers, canopies, banners, military applications, sunshades, protective engine or seat covers (instant ¶ [00072]). Accordingly while there is sufficient support for wherein the outdoor cover product is a/an automotive and marine application, awning, casual outdoor furniture, umbrella, cover, canopy, banner, military application, sunshade, protective engine or seat cover (wherein the list does not include a tent), there is not sufficient support for the full scope of the outdoor cover product being not a tent, as this may include any product and/or application.
Claims 3-13, 16-23, and 25-27 are further rejected for their dependency upon claim 1.
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.
Claim 17 is 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.
Claim 17 recites “a shade structure as defined in claim 1”. However, claim 1 (of which claim 17 is dependent upon) does not define a shade structure. Rather, claim 1 defines an outdoor cover product. Thus, it is unclear what defines the shade structure. For purposes of examination, the limitation will be interpreted as a shade structure that further meets all the limitations of claim 1.
Claim 17 recites “a shade structure” and “the structure”. However, claim 1 (of which claim 17 is dependent upon” also recites “an outdoor structure”. Thus it is unclear whether “the structure” is referring to the shade structure or the outdoor structure. For purposes of examination, “the structure” will be interpreted as either the shade structure or the outdoor structure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAELYN R WATSON whose telephone number is (571)272-1822. The examiner can normally be reached on M-F 7:30am-5pm.
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/BRAELYN R WATSON/Examiner, Art Unit 1786