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 .
DETAILED ACTION
Response to Amendment
Applicant’s amendment filed July 27, 2026 has been received, Claims 1 and 3-10 are currently pending.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claim(s) 1, 3-7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 2015/0284885) in view of Dias (US 2005/0049741).
Regarding Claim 1, Turner discloses a procedure for manufacturing an undershirt provided with a trunk (102), two sleeves (118) and a collar (112,114), comprising the following steps: a knitting machine using seamless technology (para.29); constructing a first tubular fabric element (300) using said machine, the first tubular fabric element being a single piece of fabric (as seen in Fig.4A & 4B), where said first tubular element comprises a front side (102/302), a rear side (104/304), an upper edge (edge of 309) and a lower edge (404); drawing cutting lines on said first tubular element (as seen in Fig.3B, 4A & 4B, lines are drawn), during construction cutting said first tubular element along said cutting lines to separate portions of fabric of said first tubular element to create flaps of fabric belonging to the front side and to the rear side of said first tubular element (Para.37); and joining with stitches the flaps of said portions of fabric obtained during the preceding step of cutting said first tubular element along said cutting lines to create at least the two sleeves and the trunk of said undershirt from said first tubular element (Para.23, 32 & 39); wherein said step of drawing cutting lines on said first tubular element, during construction, comprises the step of drawing a first (right 311 on 302), a second (left 311 on 302), a third (right 311 on 304) and a fourth (left 311 on 304) cutting line positioned longitudinal to the length of said first tubular element (300), where said first and said second cutting line belong to the front side of said first tubular element while said third and said fourth cutting line belong to the rear side thereof (as seen in Fig.3B, 4A & 4B); and wherein, in the step of cutting the first tubular element (para.23, 32, 37 & 39), said cutting lines extend from the lower edge toward the upper edge and have ends that are spaced from the upper edge so as to not cause a complete opening of the first tubular element along the length (as seen in Fig.3A; 318 remains tubular between long sleeves 307 and 309), and the first tubular element maintains at least one tubular fabric portion (318) between the ends of the cutting lines (of 311) and the upper edge (edge of 309) that is continuous and circumferentially closed (para.31-32; as seen in Fig.3A); and wherein the step of joining with stitches comprises the realization of: a first seam, which starts at a lower end of the trunk and ends at a respective lower end of the right sleeve (para.38; i.e. seam from 404 along left 311 to apex and down to 404 at end of left 307), joining the flaps obtained with said first and said third cutting line to create the right sleeve and the right side of the trunk of the undershirt (para.23, 32 & 39); and a second seam, which starts at a lower end of the trunk and ends at a respective lower end of the left sleeve (para.38; i.e. seam from 404 along right 311 to apex and down to 404 at end of right 307), joining the flaps obtained with said second and said fourth cutting line to create the left sleeve and the left side of the trunk of the undershirt (as seen in Fig.3B, 4A & 4B; para.23, 32 & 39). Turner does not disclose providing a circular knitting machine using seamless technology. However, Dias teaches knitting a tubular, seamless material on a flat bed knitting machine or a circular knitting machine.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have substituted the flat bed knitting machine of Turner with the circular knitting machine of Dias, as a simple substitution of one well known type of seamless knitting machine for another, in order to yield the predictable result of knitting a tubular, seamless material.
Regarding Claim 3, Turner discloses a procedure according to claim 1, wherein said first, second, third and fourth cutting lines are between said lower edge (404) of said first tubular element and an intermediate portion (i.e. portion where 408 starts), without reaching the upper edge (as seen in Fig.4A & 4B).
Regarding Claim 4, Turner discloses a procedure according to claim 1, wherein each of said first, second, third and fourth cutting lines separates the fabric of said first tubular element to form an respective overturned elongated V shape (as seen in Fig.3B; para.38), and wherein each of said first, second, third and fourth cutting lines start from the lower edge of said first tubular element, rise towards said upper edge and descend to finish once again on the lower edge (as seen in Fig.3B; para.38, i.e. as 311 are cut from 404 toward 408 and back down to 404, the cut would create two edges of material between 302/304 and adjacent 307 that form overturned elongated V shapes).
Regarding Claim 5, Turner discloses a procedure according to claim 1, wherein said step of drawing cutting lines on said first tubular element, during construction, comprises the step of drawing a fifth (right side 410) and a sixth (left side 410) cutting line, where said fifth and said sixth cutting line each start from the upper edge (309/108 at 112) of the front side of said first tubular element (as seen in Fig.2A & 4A), descend towards said lower edge (as seen in Fig.4A) and rise again to end on the upper edge (309/108 at 114) of the rear side of said first tubular element (as seen in Fig.2B & 4B); and said procedure comprises the steps of joining with stitches the flaps of said portions of fabric obtained with said cutting lines to create the two shoulders of said undershirt (para.23, 32 & 39).
Regarding Claim 6, Turner discloses a procedure according to claim 5, wherein said step of drawing cutting lines on said first tubular element, during construction, comprises the step of drawing a seventh cutting line (406) that extends along said upper edge of said first tubular element and has a profiled shape, moving away from (i.e. at the lowest portion of the V) and towards said upper edge (as seen in Fig.4A).
Regarding Claim 7, Turner discloses a procedure according to claim 6, further comprising drawing an eighth (right 408) and a ninth (left 408) cutting line positioned transversal to the length of said first tubular element (as seen in Fig.4A & B), the eighth cutting line extending from said first and said third cutting line and the ninth cutting cline extending from said second and said fourth cutting line respectively (i.e. 408 are from the front and back 311).
Regarding Claim 9, Turner discloses a procedure according to claim 1, further comprising eliminating excess material (307,414) deriving from cutting said first tubular element along said cutting lines (Para.37).
Regarding Claim 10, Turner discloses an undershirt (100) manufactured using the procedure according to claim 1 (i.e. 100 is an undershirt, inasmuch as has been claimed by Applicant).
2. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 2015/0284885) and Dias (US 2005/0049741), in view of Friedland (US 2,126,186).
Regarding Claim 8, Turner and Dias disclose the invention substantially as claimed above; including using a circular knitting machine, drawing cutting lines along fabric portions, and cutting portions out. Turner does not disclose constructing a second fabric tubular element, where said second tubular element is distinct and comprises a respective front side, a respective rear side, a respective upper edge and a respective lower edge; sewing said ring along a line of said first tubular element to create a collar of the undershirt. However, Friedland teaches a second fabric tubular element (32), where said second tubular element is distinct and comprises a respective front side (i.e. 32 on 20), a respective rear side (i.e. 32 on 21), a respective upper edge (i.e. free edge of 32) and a respective lower edge (i.e. edge of 32 sewn to 11) sewing said ring along a line of a first tubular element (20,21) to create a collar of the undershirt (Pg.3, Col.1, lines 21-30).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have used the portions of fabric of Turner to create a collar binding that is sewn to the cutting line creating the collar opening, as taught by Friedland, in order to provide desired amount of give of the neck opening to facilitate putting on and taking off the t-shirt. When in combination modified Turner and Friedland teach where said second tubular element is distinct from said first tubular fabric element; drawing on said second tubular element, during construction, a tenth and an eleventh cutting line, positioned longitudinal to the length of said second tubular element, between its lower edge and its upper edge, where said tenth cutting line belongs to the front side of said second tubular element while said eleventh cutting line belongs to the rear side thereof; cutting said second tubular element along said tenth and said eleventh cutting line to separate two portions of fabric of said second tubular element, each of the two portions extending between two respective flaps; sewing together, with a seam, the flaps of one of said two portions of fabric obtained with said tenth and said eleventh cutting line to create a ring; and sewing said ring to said T-shirt along said seventh cutting line to create the collar.
Response to Arguments
Applicant's arguments filed July 27, 2026 have been fully considered but they are not persuasive.
3. Applicant’s Remarks: Applicant asserts lines 311 of Turner are not cutting lines at all, but lines along which the tubular fabric is directly produced, by means of a flat knitting machine, with longitudinal openings that cause the central tubular 316 to be separated from the two side portions 307. Therefore, the Examiner's allegation that reference numerals 311 identify cutting lines is purely speculative and not based on any explicit, implicit, or inherent disclosure. Second, each and every one of the cut lines (i.e., 402, 404, 406, 408, 410, 412) described in Turner are depicted with broken lines, while reference numerals 311 are directed to solid lines. That, in and of itself, is an inherent admission by Turner that reference numerals 311 do not represent cut lines. Thus, it would be understood by a person of ordinary skill in the art that reference numerals 311 identify knitted junctions and not cutting lines, as alleged in the Office Action. Furthermore, even if the knitted component 300 is cut along the knitted junctions 311, the cuts will not create flaps of fabric belonging to the front side and to the rear side of said first tubular element and will not require joining with stitches to create at least the two sleeves and the trunk of said undershirt from said first tubular element, as recited in claim 1. Instead, cutting the knitted component 300 along the knitted junctions 311 would immediately create the multiple tubular elements 307, 316, 307 (i.e., two sleeves and a trunk) that are explicitly disclosed in Turner. See Turner, paragraph [0031].
Examiner’s Response: Examiner respectfully disagrees. Applicant’s arguments that lines 311 are not cutting lines, is not found persuasive as Para.23 of Turner explicitly states that portions of the shirt “may be separately knitted and joined at various seams, e.g., along a side seam”. In other words, Turner teaches multiple ways of forming the shirt, one of which includes separately knitting portions (instead of seamlessly knitting) of the shirt front and back, cutting along the side of the torso portion (which would be at 311), and joining such torso portions, which are side seams; this is further evidenced by Para.28 of Turner. Therefore, it is not purely speculative that 311 are cutting lines. Applicant’s argument that many of the cut lines of Turner are depicted as broken lines and since 311 is not shown as a “broken line” that is evidence that 311 do not represent cut lines, is not found persuasive as Applicant is referring to the short sleeved embodiment shown and not the long sleeved embodiment used to reject the claims; see Para. 23, 28 & 38. Applicant’s argument that if 311 were cut they would not create flaps as claimed but tubular elements, is not found persuasive since Turner explicitly discloses “portions of shirt 100 may be separately knitted and joined at various seams, e.g., along a side seam”; i.e. portions 316 and 307 being separately knitted to allow for side seams would create flaps when they are cut, prior to seaming. Turner is abundantly clear that any desired portion of the knit garment may be seamlessly formed or separately formed so as to be seamed, which wholly discloses Applicant’s claim limitations. For all of these reasons, Applicant’s arguments are not found persuasive.
In view of Applicant's amendment, the search has been updated, and newly modified grounds of rejection have been identified and applied. Applicant's arguments, which are drawn to the newly amended limitations, have been considered but are moot in view of the newly modified ground(s) of rejection.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E LYNCH whose telephone number is (571)272-3267. The examiner can normally be reached Monday to Friday, 8:00am-4:00pm EST.
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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732
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