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 .
Status of Claims
Claims 1 and 3-7 are pending and examined below
Response to Arguments
The remarks of 11/26/2025 have been fully considered but they are not persuasive.
Applicant argues that the prior art doesn't explicitly teach or disclose all of the elements of amended claim 1, in particular the following claim language:
“wherein the first portion of the second reqion and the first portion of the third reqion are confiqured to extend continuously in an extendinq direction of the warp yarn in a ziqzaq shape,
“wherein both ends of the warp yarn of the first portion of the second reqion, which is exposed on the first surface and crosses over a plurality of weft yarns, are bound by the weft yarns of the second portion of the second reqion adjacent in the extendinq direction of the warp yarn, such that the warp yarn of the first portion of the second region forms a three-dimensional structure spreadinq in the extendinq direction of the weft yarn, and the first reqion and the second portion of the third reqion adjacent in the extendinq direction of the weft yarn are partially covered by the warp yarn forminq the three-dimensional structure”
“wherein both ends of the warp yarn of the first portion of the third reqion, which is exposed on the first surface and crosses over a plurality of weft yarns, are bound by the weft yarns of the second portion of the third reqion adjacent in the extendinq direction of the warp yarn, such that the warp yarn of the first portion of the third reqion forms a three-dimensional structure spreading in the extending direction of the weft yarn, and the first region and the second portion of the second reqion adjacent in the extendinq direction of the weft yarn are partially covered by the warp yarn forminq the three- dimensional structure”
Regarding the first bullet point – the pattern shown in Fig. 9 of Okuno is understood to be illustrative of the woven structure in its simplest form. In other words – a person of ordinary skill in the art of textiles understands that this pattern can be repeated (i.e. extended in the warp and/or weft direction) to yield a medical fabric without departing from the prior art. The claimed structure is disclosed in Fig. 9 of Okuno by continuing the pattern in the warp direction.
Regarding the second bullet point – similarly by extending the pattern shown in annotated Fig. 9 the warp yarns of the first portion of the second region (i.e. R21) are bound by the weft yarns of the second portion of the second region (i.e. R22)
Regarding the third bullet point – similarly again, by extending the pattern shown in annotated Fig. 9 the warp yarns of the first portion of the third region (i.e. R31) are bound by the weft yarns of the second portion of the third region (i.e. R32)
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.
Claim(s) 1, 3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0054545 A1 (Okuno) in view of US 4,816,028 (Kapadia)
Regarding claim 1, Okuno discloses an artificial blood vessel (Fig. 9, ¶0011) having a warp yarn (see annotated Fig. 9 below, wherein warps are labeled a-p) and a weft yarn (see annotated Fig. 9 below, wherein warps are labeled 1-8) and having a first surface and a second surface opposite to the first surface (see Fig. 9, wherein the front corresponds to a first surface and the back corresponds to the second surface), the artificial blood vessel alternatingly having, in an extending direction of the weft yarn:
a first region (see annotated provided Fig. 9 below, wherein the first region is annotated R1) in which the warp yarn and the weft yarn are woven in a plain weave (annotated Fig. 9, wherein R1 corresponds to a plain weave),
a second region (annotated Fig. 9, R2) having a first portion of the second region and a second portion (annotated Fig. 9, R22) of the second region wherein the warp yarn, from a portion where the warp yarn exits from the second surface toward the first surface to a portion where the warp yarn reenters from the first surface toward the second surface, extends so as to cross over one weft yarn on the first surface of the artificial blood vessel (see annotated Fig. 9, wherein warp k crosses over weft on the back surface), and
a third region (see annotated Fig. 9, R3) having a first portion of the third region (see annotated Fig. 9, R31) wherein the warp yarn, from a portion where the warp yarn exits from the second surface toward the first surface to a portion where the warp yarn reenters from the first surface toward the second surface (see annotated Fig. 9), crosses over a plurality of weft yarns (annotated Fig. 9, wherein warp m crosses over wefts 6 and 8) and a second portion of the third region (see annotated Fig. 9, R32) wherein the warp yarn, from a portion where the warp yarn exits from the second surface toward the first surface to a portion where the warp yarn reenters from the first surface toward the second surface (see annotated Fig. 9), extends so as to cross over one weft yarn on the first surface of the artificial blood vessel (annotated Fig. 9, wherein warp m crosses over weft 4 on the back surface)
wherein the first portion of the second region (annotated Fig. 9, R21) is adjacent to the second portion of the third region (annotated Fig. 9, R32) in the extending direction of the weft yarn (annotated Fig. 9, wherein R21 is adjacent R32 in the weft direction), and the second portion of the second region (R22) is adjacent to the first portion of the third region (R31) in the extending direction of the weft yarn (see annotated Fig. 9, wherein R22 is adjacent R31 in the weft direction), and
wherein the warp yarn is composed of a multifilament yarn, (¶0014, “synthetic multifilament fibers”)
wherein the first portion of the second region (R21) and the first portion of the third region (R31) are configured to extend continuously in an extending direction of the warp yarn in a zigzag shape (see annotated Fig. 9, wherein the pattern is understood to repeat in the warp direction – thus forming the claimed pattern)
wherein both ends of the warp yarn of the first portion of the second reqion, which is exposed on the first surface and crosses over a plurality of weft yarns, are bound by the weft yarns of the second portion of the second reqion adjacent in the extending direction of the warp yarn (see annotated Fig. 9, wherein the pattern is understood to repeat thus yielding the claimed structure), such that the warp yarn of the first portion of the second region forms a three-dimensional structure spreadinq in the extending direction of the weft yarn (see annotated Fig. 3, wherein R21 corresponds to a three-dimmensional structure), and the first region and the second portion of the third region adjacent in the extendinq direction of the weft yarn are partially covered by the warp yarn forming the three-dimensional structure (see annotated Fig. 9, wherein R31 and R32 form a three-dimensional structure),
wherein both ends of the warp yarn of the first portion of the third reqion, which is exposed on the first surface and crosses over a plurality of weft yarns, are bound by the weft yarns of the second portion of the third reqion adjacent in the extendinq direction of the warp yarn (see annotated Fig. 9, wherein the pattern is understood to repeat thus yielding the claimed structure), such that the warp yarn of the first portion of the third reqion forms a three-dimensional structure spreading in the extending direction of the weft yarn (see annotated Fig. 9, wherein R31 corresponds to a three dimensional structure), and the first region and the second portion of the second reqion adjacent in the extendinq direction of the weft yarn are partially covered by the warp yarn forming the three- dimensional structure (see annotated Fig. 9, wherein “
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Okuno discloses a first portion of the second region (R21) but doesn’t explicitly teach or disclose wherein the warp crosses over a plurality of weft yarns in the first portion of the second region (R21).
Kapadia discloses a first portion of the second region wherein the warp yarn (see annotated Fig. 9, wherein R21 corresponds to a first portion of the second region), from a portion where the warp yarn exits from the second surface toward the first surface to a portion where the warp yarn reenters from the first surface toward the second surface, crosses over a plurality of weft yarns (see annotated Fig. 3 below, wherein warp 23 crosses over wefts 9, 10, and 11)
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the first portion of the second region (R21) of Okuno with a warp yarn that crosses over a plurality of weft yarns, as taught by Kapadia, in order to increase the elasticity of the textile along the warp direction.
Regarding claim 3, Okuno discloses wherein the second region (annotated Fig. 9, R2) has at least one warp yarn extending so as to cross over one weft yarn (annotated Fig. 9, wherein warp k crosses over weft 7) and at least one warp yarn crossing over a plurality of weft yarns (annotated Fig. 9, wherein warp l crosses over wefts 7, 5, 3 and 1),
wherein multifilament yarns (¶0014, “multifilament fibers”) constituting a plurality of warp yarns in the second region (annotated Fig. 9, warps k and l in R2) are bundled by weft yarns crossing over a plurality of warp yarns in the second region (annotated Fig. 9, wherein wefts 1-8 cross over warps k and l in R2), at both ends of the first portion of the second region in the extending direction of the warp yarn (annotated Fig. 9, wherein warps k and l are bunded by wefts 6-8 in R21)
wherein the third region (annotated Fig. 9, R3) has at least one warp yarn extending so as to cross over one weft yarn (annotated Fig. 9, warp m crosses over weft 6 in R3) and at least one warp yarn crossing over a plurality of weft yarns (annotated Fig. 9, warp m crosses over weft 6 in R3), and
wherein multifilament yarns (¶0014, “multifilament fibers”) constituting a plurality of warp yarns in the third region (annotated Fig. 9, warps m and n in R3) are bundled by weft yarns crossing over a plurality of warp yarns in the third region (annotated Fig. 9, wherein wefts 1-3 bundle warps m and n in R3), at both ends of the first portion of the third region in the extending direction of the warp yarn (annotated Fig. 9, wherein wefts 1-3 bundle warps m and n in R3)
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Regarding claim 7, Okono discloses wherein an average width of the maximum spread of the warp yarn (¶0130, “total fineness of 46dtex/24F) of the first portion of the second region (R21) and the first portion of the third region (R31) in the extending direction of the weft yar is larger than an average width of the maximum spread of the warp yarn (¶0014, wherein the warp yarn is up to 60dtex) in the first region (R1) in the extending direction of the weft yarn.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0054545 A1 (Okuno) in view of US 4,816,028 (Kapadia), as applied to claims above, and further in view of US 2014/0272367 (Lodde)
Regarding claim 4, Okuno discloses wherein the weft yarn is composed of a multifilament yarn (¶0014, “synthetic multifilament fibers”). Okuno discloses a second region (annotated Fig. 9, R2) with two warp yarns crossing over a plurality of weft yarns (annotated Fig. 9, warps k and l passing over wefts 1-8) and a third region (annotated Fig. 9, R3) with two warp yarns crossing over a plurality of weft yarns (annotated Fig. 9, warps k and l passing over wefts 1-8) but doesn’t explicitly teach or disclose wherein a total number of filaments of warp yarns crossing over a plurality of weft yarns is 1.5 times or more the number of filaments per single weft yarn. Kapadia doesn’t explicitly teach or disclose wherein a total number of filaments of warp yarns crossing over a plurality of weft yarns is 1.5 times or more the number of filaments per single weft yarn.
Lodde discloses wherein a total number of filaments of warp yarns crossing over a plurality of weft yarns is 1.5 times or more (Col. 3, Table 2, wherein the warp filament count is 68, see also annotated Fig. 1 below wherein 2 warps cross over a plurality of wefts in both the second and third region; therefore 68 filaments per warp x 2 warps per region = 168 filaments/region) the number of filaments per single weft yarn (Col. 3, Table 2, wherein the weft filament count is 68), in the second region and the third region (see annotated Fig. 1 below)
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the warp yarn and weft yarns of Okuno in view of Kapadia so that the number of weft yarn filaments passing over a plurality of weft yarns is 1.5 times or more than a number of filaments per single weft yarn, as taught by Lodde, in order to ensure property mechanical properties of the artificial blood vessel.
Regarding claim 5, Okuno discloses a second and third region but doesn't explicitly teach or disclose wherein the number of warp yarns crossing over a plurality of weft yarns is one, wherein the number of filaments per single weft yarn is 4 to 500, and the number of filaments per single warp yarn is 8 to 1000, in the second region and the third region.
Kapadia discloses wherein the number of warp yarns crossing over a plurality of weft yarns is one (see annotated Fig. 3 below, wherein 1 warp crosses over a plurality of wefts in K2 and K3)
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the second and third regions of Okono with one warp yarn crossing over a plurality of weft yarns, as taught by Kapadia, in order to increase the elasticity of the textile along the warp direction.
Okuno doesn't explicitly teach or disclose wherein the number of filaments per single weft yarn is 4 to 500 and the number of filaments per single warp yarn is 8 to 1000. Kapadia doesn't explicitly teach or disclose wherein the number of filaments per single weft yarn is 4 to 500, and the number of filaments per single warp yarn is 8 to 1000
Lodde discloses a woven textile wherein the number of filaments per single weft yarn is 4 to 500 (Page 3, Table 2, wherein the weft filament count is 68), and the number of filaments per single warp yarn is 8 to 1000 (Page 3, Table 2, wherein the weft filament count is 68)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the second and third region of Okuno in view of Kapadia with a filament count of 4 to 500 per weft yarn and a filament count of 8 to 1000 in each warp yarn, as taught by Lodde, in order to ensure property mechanical properties of the artificial blood vessel.
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Regarding claim 6, Okono discloses wherein the number of warp yarns crossing over a plurality of weft yarns is two or more (see annotated Fig. 3, wherein 2 warps yarns cross over 4 weft yarns) in the second and third region (annotated Fig. 9, R2 and R3)
Okono discloses a second region (R2) and third region (R3) but doesn't explicitly teach or disclose the number of filaments per single warp yarn is 0.8 to 1.2 times the number of filaments per single weft yarn, in the second region and the third region. Kapadia doesn’t explicitly teach or disclose the number of filaments per single warp yarn is 0.8 to 1.2 times the number of filaments per single weft yarn.
Lodde a woven structure (Fig. 1) wherein the number of filaments per single warp yarn is 0.8 to 1.2 times the number of filaments per single weft yarn (Col. 3, Table 2, where the filament count of both the warp and weft yarn is 68 – i.e. the number of filaments per single warp yarn is 1.0 times the number of filaments per single weft yarn)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the warp yarn of Okono in view of Kapadia to have 0.8 to 1.2 times the number of filaments than a single weft yard, as taught by Lodde, in order to balance the relatively elasticities of the artificial blood vessel in the warp and weft direction.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/MAXIMILIAN TOBIAS SPENCER/Examiner, Art Unit 3774
/YASHITA SHARMA/ Primary Patent Examiner, Art Unit 3774