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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 15, 2026 has been entered.
Applicant’s amendment and accompanying remarks filed January 15, 2026 are acknowledged.
Examiner acknowledges amended claims 2-7, 12, 14 and 30.
Examiner acknowledges cancelled claims 1, 10, 15 and 17-27.
Examiner acknowledges that the amendment includes all claims being depended upon independent claim 33.
The rejection of claims 1, 14, 28-31 and 33-34 under 35 U.S.C. 102(a)(1) as being anticipated by Moore et al., U.S. Patent Number 3,815,179 is withdrawn by Applicant’s argument.
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.
Claim 9 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 9 is rendered indefinite because it is unclear if the first blend ratio is in the range of 70:30 to 30:70 OR 65:35 to 35:65 OR 60:40 to 40:60 OR 55:45 to 45:55 OR 50:50. For purposes of examination, Examiner is interpreting the claim to refer to the first blend ratio is in the range of 70:30 to 30:70.
Claims 2-6, 8, 11-14, 16, 28-34 are allowed. Applicant claims a method of creating a fabric or garment as recited in claim 33.
The closest prior art, Moore et al., U.S. Patent Number 3,815,179, teaches space-dyed yarn rovings [strand] or rovings having successive portions of relatively different dye affinity are produced for the subsequent spinning of yarns therefrom by forming a sliver or a lap of slivers having successive portions of relatively different color and/or dye affinity characteristics, and feeding the sliver or lap into a finisher carding machine with the portions thereof of relatively different characteristics entering the carding machine in succession so as to form a carded web of corresponding successive portions. The carded web is then split into a plurality of strips which are converted into yarn rovings while preserving the different characteristics of the successive portions thereof [abstract]. It is disclosed in column 2, lines 6 29 a series of feeders is arranged rearwardly of a breaker carding machine for depositing successive elongate rows of masses of fibers on the feed apron of the breaker carding machine, wherein each row may be of a different characteristic than the immediately succeeding row, SO as to form a carded web having successive portions of relatively different characteristics corresponding to the different characteristics of respective successive rows of fibers being fed, whereupon the carded web delivered from the breaker carding machine is condensed into a sliver. Applicant's claim is not specific to the loading schedule. Examiner is corresponding each row of masses of fibers and first and second components. Additionally, Applicant's claim is silent to the specific loading amount. Column 7, lines 56-67 discloses a group of six rows of fibers 30, for example, and each having three fibrous sections 30a, 30b, 30c of different characteristics (FIG. 2), is to be fed to breaker carding machine 23 during each composite cycle of feeder unit 20 and transfer means 22. Accordingly, with the low surface of cam 35a aligned with switch 35c (FIG. 3), hopper conveyors 20a, 20b are thus feeding fibers into catch pan 20c. Successive elongate rows of fibers 30 are thus deposited on hopper discharge conveyor means 20g, and each successive row 30 is pushed, by pusher plate 20h, toward pressure roll 20i and thus is advanced in a first direction transversely thereof onto accumulator apron 21. Each time a predetermined weight of stock is deposited thereon so as to deposit a sectionalized elongate row of fibers 30 (FIG. 2) on the discharge conveyor means 20g of fiber feeder unit 20. See column 4, lines 44-47. Moore fails to teach or suggest wherein a load process to vary the first load amount in accordance with a pre-defined function which allows for gradual changes in yarn properties through its length requiring a loading schedule.
Response to Arguments
Applicant’s arguments with respect to the present claims 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 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
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