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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/10/2026 has been entered.
Response to Amendment
In view of the amendment filed 07/10/2026:
Claims 1, 2, 4-6, and 13-18 are pending.
Claims 8-12 are withdrawn from further consideration.
Claims 3 and 7 are cancelled.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 4, 13, 14, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Becker et al. (US3461504A), and further in view of Huang (US20050093206), Liao et al. (US20180002839), and Liao et al. (US20160251782- Herein referred to as Liao2).
Regarding claim 1, Becker teaches a method of manufacturing a single layer garment
(col 2 line 13-19), the method comprising:
providing a single layer of textile material (col 2 line 15-19; Applicant’s disclosure
describes low melt yarns may be polyester in [0028]; see layer of fabric F between mold dies in
Figure 1); and
forming the structure of the single layer (col 3 line 50-53) of textile material using
selective heating to provide material support (col 3 line 42-45; heat is generated to only one
side of the fabric through upper heating die member 16, and portions that are clamped are not
heated by heating die member 16 as shown in Figure 3),
wherein the forming of the structure of the single layer of textile material using
selective heating comprises:
removably attaching the textile material to a bottom plate (horizontally oriented table
14; Figure 1), wherein the bottom plate is configured with one or more bottom plate inserts
(medial opening 14a; Figure 1) configured to receive the textile material (col 3 line 38-52; see
horizontally oriented table 14 with medial opening 14a in Figure 1 where medial opening 14a
receives fabric F in Figure 3);
cold molding the textile material, wherein the cold molding creates a three- dimensional
profile of the garment (col 3 line 65- col 4 line 2); and
selective heat molding the textile material based on the function of the garment (col 2
line 15-21; heating is chosen based on fabrics used to form brasserie cups or like products),
wherein the selectively heated portions of the textile material provide at least one of fit or
support to the single layer garment (col 3 line 37-52; heat is generated to only one side of the
fabric through upper heating die member 16, and portions that are clamped are not heated by
heating die member 16 as shown in Figure 3),
wherein the selective heat molding of the textile material based on the function of the
single layer garment comprises: engaging a top plate (plate 44) configured with one or more
heated portions (see heating die member 16 configured with plate 44 in Figure 3) with the
textile material (col 3 line 37-52; heat is generated to only one side of the fabric through upper
heating die member 16), wherein the textile material is positioned between the top plate and
the bottom plate during a hot heat molding (see fabric F between plates 44 and 14 in Figure 3).
However, Becker fails to teach the top plate includes one or more heated zones and one or more unheated zones configured to be zonally heated to selectively heat the textile material
during operation.
In the same field of endeavor pertaining to a method for manufacturing garments,
Huang teaches a top plate includes one or more heated zones and one or more unheated zones
configured to be zonally heated to selectively heat a textile material during operation ([0017]).
The variably heated zones in the top plate allow for the molding device to cope with different
curvatures of the bra ([0018]), which provides an improved surface finish ([0006]).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the top plate of Becker includes one or more
heated zones and one or more unheated zones configured to be zonally heated to selectively
heat the textile material during operation, as taught by Huang, for the benefit of allowing for
the molding device to cope with different curvatures of the bra to provide an improved surface
finish.
While Becker teaches the layer of textile material comprises a low melt yarn (col 2 line
15-19; Applicant’s disclosure describes low melt yarns may be polyester in [0028]; see layer of
fabric F between mold dies in Figure 1), Becker fails to teach that the layer of textile material
comprises a low melt yarn and a non-low melt yarn, wherein the low melt yarn and the non-low
melt yarn are interwoven together throughout the textile material, and that the textile material
is configured such that the selectively heated portions of the textile material have moisture management properties based on at least one of diffusion or capillary action.
In the same field of endeavor pertaining to a method for manufacturing garments, Liao teaches a layer of textile material comprising a low melt yarn and a non-low melt yarn (Abstract: The present invention provides an easy settable stretch fabric comprising three types of yarns: a rigid fiber, an elastic fiber, and a low-melt fiber, wherein the low-melt fiber comprises low-melt polymer which can be fused in the temperature between 60° C. to 200° C., being higher than the temperature used for normal textile process and household laundry, but lower than the temperature used for heat setting elastic fiber),
wherein the low melt yarn and the non-low melt yarn are interwoven together throughout the textile material (see elastic fiber 12, low-melt fiber 18, and hard fiber 14 interwoven together in Figure 3 and as discussed in [0051]), and that the textile material can comprise COOLMAX fiber ([0167] The sock top is made with three kinds of fiber: rigid yarn, 30S 927W COOLMAX® fiber spun yarn; the elastic yarn, 120D T902C double covered elastic composite yarn; the low-melt yarn: 75d/36f low melt bi-component yarn).
Further, In the same field of endeavor pertaining to a method for manufacturing garments, Liao2 teaches COOLMAX fibers help absorb moisture from the body and deliver the moisture to the outside by diffusion ([0063] Cotton and wool yarn increase the moisture of synthetic fabrics. Special function yarns can also be introduced. For example, Coolmax® fiber that helps absorb moisture from body and quick deliver to outside).
Interweaving the low melt yarn and non-low melt yarn together forms a fabric that can be stabilized with low shrinkage at relatively low temperatures without damaging the elastic fiber recovery power ([0002] Without damaging the elastic fiber recovery power, the fabric can be stabilized with low shrinkage at low temperature. The fabric stretch level could be adjusted through the thermal activating process).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the layer of textile material of Becker modified
with Huang comprise a low melt yarn and a non-low melt yarn, wherein the low melt yarn and
the non-low melt yarn are interwoven together throughout the textile material, as taught by Liao, for the benefit of forming fabrics that stabilize with low shrinkage at relatively low temperatures without damaging the elastic fiber recovery power.
Further, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the textile material of Becker modified with Huangbe configured such that the selectively heated portions of the textile material have moisture management properties based on diffusion, as suggested by Liao and as taught by Liao2, for the benefit of maintaining dry garments as a user is prone to sweating.
Regarding claim 2, Becker modified with Huang, Liao, and Liao2 teaches the method of claim 1.
Further, Becker teaches wherein the structure of the textile material is formed via at least one of a molding machine (fabric-forming apparatus yielding three-dimensional shaped in
Figure 1).
Regarding claim 4, Becker modified with Huang, Liao, and Liao2 teaches the method of claim 1.
Further, Becker teaches wherein the textile material is removably attached to the bottom plate via clamps or pins (col 3 line 8-21).
Regarding claim 13, Becker modified with Huang, Liao, and Liao2 teaches the method of claim 1.
Liao teaches further comprising cutting the garment into a final pattern ([0101] fabric panel during cut and sew of garment making), and that selective heating can occur before, during or after cutting of the garment ([0101] The thermal activating process can be conducted in grey fabric, finished fabric, fabric panel during cut and sew of garment making, or final garments). Selectively heating the low melt yarn and a non-low melt yarn can prevent problems of laddering, running and curling that typically occur during cutting ([0005] For woven, circular knit and warp knit fabric containing elastic fibers, repeatedly stretching, scratching or cutting often cause problems of laddering, running and curling. These problems include a ladder-like crack and a gap may be generated, elastic fibers may slip out, grin, fray at cut edges and fabric curls may result, which damages the uniformity and appearance of articles. During cutting and sewing process, the phenomenon that elastic fibers pull away from seams under repeated extension easily takes place and leads to the loss in stretch of fabrics, which is so called “slip in” or seam slippage and [0012] In accordance with the present disclosure, the low-melt polymer is partially or completely fused in a thermal activating process, and become stiffen and form cross linking with neighbor fibers, which helps in setting and fixing the yarn loop or crimp configuration within the fabric. The fabric structure is stabilized and the change of loop/crimp configuration and the relative movement of the yarns are restrained when the influence of external forces. The fabric has low shrinkage, good anti elastane slippage, anti-laddering and curving prevention properties).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the garment of Becker modified with Huang, Liao, and Liao2 cut into a final pattern after the textile material is selectively heated, as taught by Liao, for the benefit of preventing problems of laddering, running and curling that typically occur during cutting.
Regarding claim 14, Becker modified with Huang, Liao, and Liao2 teaches the method of claim 1.
Further, Liao teaches wherein the non-low melt yarn comprises a textile yarn and a stretch yarn (Abstract: The present invention provides an easy settable stretch fabric comprising three types of yarns: a rigid fiber, an elastic fiber, and a low-melt fiber, wherein the low-melt fiber comprises low-melt polymer which can be fused in the temperature between 60° C. to 200° C., being higher than the temperature used for normal textile process and household laundry, but lower than the temperature used for heat setting elastic fiber).
Regarding claim 16, Becker modified with Huang, Liao, and Liao2 teaches the method of claim 1.
Further, Liao teaches wherein the selective heat is between a melting point of the low melt yarn and the non-low melt yarn ([0025] Fabrics according to the present invention are advantageously constructed with three types of yarns: rigid fiber, elastic fiber and low-melt fiber. As used herein, the term ‘low-melt fiber’, refers to a fiber comprises a low-melt polymer that has a melting temperature of greater than 60° C. but lower than 200° C., which ensures that low-melt fibers do not appreciably soften, melt or flow during the manufacture and household laundry of fabric and garments, but do soften or melt during the thermal activating process and act as a stabilizer and binder for stretch fabric).
Regarding claim 17, Becker modified with Huang, Liao, and Liao2 teaches the method of claim 1.
Further, Liao teaches wherein a knit pattern of the textile material is consistent throughout the textile material ([0053] The device shown in FIG. 4 could be used for producing knit fabrics with three fibers where elastic fiber, low-melt fiber and one rigid fiber have the same stitch patterns. Three yarns are knitted together in the same routes. Single jersey or twill knit structures can be made).
Regarding claim 18, Becker modified with Huang, Liao, and Liao2 teaches the method of claim 1.
Further, Liao teaches wherein a knit pattern of the textile material is varied based on a desired structure of the garment ([0053] Three yarns are knitted together in the same routes. Single jersey or twill knit structures can be made; see discussion of plain jersey structure when forming socks in Example 23, [0137] and discussion of plain knit structure when forming pantyhose in Example 24,[0169]).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Becker et al.
(US3461504A), Huang (US20050093206), Liao et al. (US20180002839), and Liao et al. (US20160251782- Herein referred to as Liao2), and further in view of Ou (US20150014901).
Regarding claim 5, Becker modified with Huang, Liao, and Liao2 teaches the method of claim 1. However, Becker fails to teach wherein the bottom plate comprises a suction bed configured to pull the textile material into the bottom plate mold.
In the same field of endeavor pertaining to manufacturing fabric-based items with
three-dimensional shapes, Ou teaches wherein the bottom plate comprises a suction bed
configured to pull the textile material into the bottom plate mold ([0028]). Suction beds tightly
press the fabric towards the mold ([0028] the plastic fabric 6 to be tightly pressed on a surface
of the low-lying part 41 by a downward suction force 5S of the vacuum suction groove 5), and
suction grooves throughout the mold can provide a uniform pressing of the fabric against the
mold surface.
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to modify the bottom plate of Becker modified with
Huang, Liao, and Liao2 to comprise a suction bed configured to pull the textile material into the
bottom plate mold, as taught by Ou, as one of ordinary skill would be motivated to tightly affix
the fabric onto the bottom plate in a uniform manner.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Becker et al.
(US3461504A), Huang (US20050093206), Liao et al. (US20180002839), and Liao et al. (US20160251782- Herein referred to as Liao2), and further in view of Belmuth et al. (US3891378).
Regarding claim 6, Becker modified with Huang, Liao, and Liao2 teaches the method of claim 1. However, Becker fails to teach wherein the cold molding takes place in an automated chilling unit.
In the same field of endeavor pertaining to manufacturing fabric-based items with
three-dimensional shapes, Belmuth teaches wherein the cold molding takes place in an
automated chilling unit (col 2 line 58-67; automating a chilling unit to replace a chilling unit that
manually chills a mold does not distinguish over the prior art- see MPEP 2144.04.III). The
chilling unit of Belmuth allows for accurate dimensions of a conical shape to be produced (col 3
line 3-5).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the cold molding of Becker modified with Huang, Liao, and Liao2 take place in the chilling unit of Belmuth, for the benefit of forming accurate dimensions of a conical shape. The chilling unit of Belmuth could be used with the cold mold of
Becker with a reasonable expectation of success, as both Becker and Belmuth are directed to
conically shaped molds for manufacture the of brassieres.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Becker et al.
(US3461504A), Huang (US20050093206), Liao et al. (US20180002839), and Liao et al. (US20160251782- Herein referred to as Liao2), and further in view of Silvain (FR2560750A1).
Regarding claim 15, Becker modified with Huang, Liao, and Liao2 teaches the method of
claim 1. However, Becker fails to teach wherein the textile material is a jacquard material.
In the same field of endeavor pertaining to the production of garments, Silvain teaches
wherein the textile material is a jacquard material (“We obtain the desired parts having a stop
edge or clear edge; which avoids unraveling or fraying and which removes the excess
thicknesses, by making them in the form of a jacquard design on a lace loom, an embroidery,
knitting, weaving or guipure loom”- see pg. 2 line 31-33). Jacquard designs produce brasserie
with a clear edge that avoids unraveling or fraying.
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the textile material of Becker modified with Huang, Liao, and Liao2 be a jacquard material, as taught by Silvain, for the benefit of forming clear edges that avoid unraveling or fraying.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIELLA MACHNESS whose telephone number is (408)918-7587. The examiner can normally be reached Monday - Friday, 6:30-2:30 PT.
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/ARIELLA MACHNESS/Examiner, Art Unit 1743
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