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 .
Applicant’s amendment and accompanying remarks filed October 15, 2025 are acknowledged.
Examiner acknowledges amended claims 1-2. 4-8 and 11.
Examiner acknowledges cancelled claims 3, 8, 9-10.
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not). Applicant’s claims set filed October 15, 2015 includes two (2) claim 8 – one claim 8 is cancelled. The second claim 8 is amended.
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 1-2, 4-8 and 11 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.
Claim 1 is rendered indefinite because it is unclear if the fabric selected already has a differential water transport capability. The claims recites that the upper yarn and the bottom yarn can be different. It is unclear if the difference in the upper yarn and the bottom yarn can include a difference in contact angle. Contact angle is a property of water transport capability. A difference in contact angle would provide a differential water transport capability. Additionally, it is unclear if the claim is referring to method steps to form a fabric having a differential water transport capability OR if the claim is referring to the methods of calculating the differential water capability of a selected fabric that can already have a differential water transport capability. Applicant’s claim 1 does exclude the upper yarn and the bottom yarn from having different contact angles. Additionally, Applicant’s claim 1 is rendered indefinite because it is unclear if the upper yarn and the bottom can be the same in contact angle. Applicant’s claim 1 does not exclude the upper yarn and bottom yarn from having the same contact angle.
For purposes of examination, Examiner is interpreting the claim to refer to an upper yarn and a bottom yarn being different in contact angle.
Claims 2, 4-8 and 11 are rendered indefinite because they depend upon indefinite claim 1.
Claim 8 is rendered indefinite because it is unclear if the claim is amended or cancelled. Applicant’s claim set filed October 15, 2025 includes two (2) claim 8 – one cancelled and one amended. For purposes of examination, Examiner is interpreting claim 8 to be amended.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Applicant has amended claim 1 whereas the fabric selected can include a differential water transport capability when the upper yarn and the bottom yarn can be different in contact angle. Claims 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites calculating capillary water conductivity of (a) a single yarn, (b) inner surface of the fabric and (c) outer surface of the fabric. This step is only directed to pure/abstract idea/mathematical calculations or even mental process if the math is done on paper. This judicial exception is not integrated into a practical application because the claim does not require any step of actually manufacturing the fabric, for instance, knitting, or weaving yarns. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claim recites that an adjustment can be made in the design on the computer that is calculating the capillary water conductivity as the fabric is not actually made, an adjustment parameters are just mathematical calculations that result in changing the design of the fabric in a computer program or written calculation. Applicant’s amended claim 1 can be interpreted as performing a calculation on a fabric already having a differential water transport capability. Applicant’s claim 1 does not provide any steps for producing a fabric having a differential water transport capability if the selected fabric is a fabric having a differential water transport capability as Applicant’s claim does not exclude the upper yarn and the bottom yarn from being different in contact angle.
Response to Arguments
Applicant's arguments filed October 15, 2025 have been fully considered but they are not persuasive. Applicant has amended the claims. Applicant argues that claim 1 has been amended to explicitly recite the step: "manufacturing a fabric according to the particular fabric structure selected in step(a), including specific contact angles for the upper and bottom yarns, to obtain a fabric with different water transport capabilities on its outer surface and inner surface." Applicant’s amended claim 1 can be interpreted as performing a calculation on a fabric already having a differential water transport capability which would be an abstract idea. Applicant’s claim 1 does not provide any steps for producing a fabric having a differential water transport capability if the selected fabric is a fabric having a differential water transport capability as Applicant’s claim 1 does not exclude the upper yarn and the bottom yarn from being different in contact angle.
Applicant’s arguments are not persuasive.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786