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 .
Examiner acknowledges pending claims 158-199.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 159- 164, 166-171, 171-176, 178-179, 181, 183, 188-199 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Emden et al., U.S. Pre Grant Publication 2008/0096001 and in view of Lubker, II, U.S. Pre Grant Publication 2002/0146953.
Regarding claims 158 and 183, the abstract of Emden discloses a fabric comprising a textile layer. Emden discloses a fabric as shown in Figure 4.
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Paragraph 0025 of Emden describes Figure 4 as a fabric having hydrophobic cotton warp yarns [white yarns] and hydrophobic weft yarns [white yarns]with wicking cotton yarns [black yarns] which are spaced apart and supported on the fabric having warp and weft yarns. Examiner is corresponding the hydrophobic cotton warp yarns and the hydrophobic weft yarns as the first and second tape elements. Paragraph 0046 discloses that the cotton wicking yarns are hydrophilic.
Emden is silent to a first tape element and a second tape element. Lubker discloses a fabric including a plurality machine direction tapes [warp] and a plurality of transverse direction tapes [weft] [0026] as a first portion. Paragraph 0025 of Lubker discloses that the first portion provides a desirable strength that assists in inhibiting or preventing tears. It is disclosed in paragraph 0023 that the first portion is cross-woven. Paragraph 0034 discloses that the fabric has water vapor transmission. Emden and Lubker are analogous art in that both reference disclose a fabric having vapor transmission and first warp elements and second weft elements. One of ordinary skill in the art before the effective filing date of the invention would utilize tapes as the warp and weft of Emden for the benefit of obtaining desirable strength for the fabric in order to assist in inhibiting or prevent tears in the fabric.
Regarding claim 159, Figure 4 show that each strand is positioned on and supported by the hydrophobic cotton warp yarns [first tape elements].
Regarding claim 160, paragraph 0026 discloses that the fabric can include a first layer comprising hydrophobic warp and weft yarns and a second layer integrally woven with the first layer wherein the second layer comprising wicking yarns. Paragraph 0034 discloses that wicking yarns are inherently hydrophilic.
Regarding claim 161, paragraph 0025 discloses hydrophobic cotton warp yarns [white yarns] [ first tape elements] and hydrophobic weft yarns [white yarns]
Regarding claim 162, paragraph 0026 discloses that the fabric can include a first layer comprising hydrophobic warp and weft yarns and a second layer integrally woven with the first layer wherein the second layer comprising wicking yarns. Paragraph 0034 discloses that wicking yarns are inherently hydrophilic.
Regarding claim 163, Figure 4 shows each strand is situated directly above and on a front surface of one of the first elements.
Regarding claim 164, figure 4 show the fabric having warp and weft yarns as a continuous front surface wherein the strands are supported on the continuous front surface.
Regarding claim 166, Figure 4 shows troughs in the first tape elements.
Regarding claim 167, Figure 4 shows troughs situated between the strands.
Regarding claim 168, Figure 4 shows wherein some troughs are situated beneath the strands such that the strands are at least partially positions in the troughs.
Regarding claim 169, Figure 4 shows space apart troughs extending in both the warp and weft direction.
Regarding claim 170, paragraph 0026 discloses that the fabric can include a first layer comprising hydrophobic warp and weft yarns and a second layer integrally woven with the first layer wherein the second layer comprising wicking yarns. Paragraph 0034 discloses that wicking yarns are inherently hydrophilic. The abstract discloses a fabric having a textile layer wherein the textile layer is permeable to water vapor and impermeable to liquid water. Paragraph 0025 discloses a fabric having hydrophobic cotton warp yarns [white yarns] and hydrophobic weft yarns [white yarns]with wicking cotton yarns [black yarns] which are spaced apart and supported on the fabric having warp and weft yarns.
Regarding claims 171 and 175, paragraph 0031 discloses that the textile layers are treated with a hydrophobic coating or finish. Paragraph 0034 discloses that the hydrophobic coating has gaps [microporous].
Regarding claim 174, paragraph 0023 discloses an upper layer of hydrophobic warp and weft yarns and a lower layer of wicking warp and weft yarns comprising low denier fibers. The upper weft yarns [second tape element] have a thickness greater than the lower warp yarns [first tape element].
Regarding claims 176, 179 and 181, paragraph 0034 discloses that the surface of the fabric is subjected to embossing. Also, paragraph 0034 discloses that the textile layer with a wicking means forms a tufted material [3D topography]. Also, paragraph 0034 discloses that the inner surface has peaks [ridges] and paragraph 0044 discloses wicking channels between the fibers via capillary action
Regarding claim 178, paragraph 0091-0092 discloses a layer on the interior side of the fabric layer wherein the wicking fibers forming the layer when the wicking fibers are nonwoven. paragraph 0031 discloses that the textile layers are treated with a hydrophobic coating or finish. Paragraph 0034 discloses that the hydrophobic coating has gaps [microporous].
Regarding claim 188, Emden discloses a fabric as shown in Figure 4.
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Paragraph 0025 of Emden describes Figure 4 as a fabric having hydrophobic cotton warp yarns [white yarns] and hydrophobic weft yarns [white yarns]with wicking cotton yarns [black yarns] which are spaced apart and supported on the fabric having warp and weft yarns. Examiner is corresponding the hydrophobic cotton warp yarns and the hydrophobic weft yarns as the first and second tape elements. Paragraph 0046 discloses that the cotton wicking yarns are hydrophilic. Figure 4 shows space apart troughs extending in both the warp and weft direction.
Regarding claim 189, Figure 4 shows troughs in the first tape elements [hydrophobic cotton warp yarns].
Regarding claim 190, Figure 4 shows wherein some troughs are situated between the strands.
Regarding claim 191, paragraph 0025 discloses hydrophobic cotton warp yarns [first tape element].wherein Figure shows first tape elements situated between strands.
Regarding claim 192, Figure 4 shows troughs situated between the strands.
Regarding claim 193, Figure 4 shows wherein at least some of the troughs are situated beneath the strands such that the strands are at least partially positioned in the troughs.
Regarding claim 194, paragraph 0026 discloses that the fabric can include a first layer comprising hydrophobic warp and weft yarns and a second layer integrally woven with the first layer wherein the second layer comprising wicking yarns.
Regarding claim 195, paragraph 0025 discloses hydrophobic cotton warp yarns [first tape elements].
Regarding claim 196, paragraph 0034 discloses that the surface of the fabric is subjected to embossing.
Regarding claim 197, Figure4 shows the troughs have a concave depression on a front surface of one of the first tape elements.
Regarding claims 198-199, Figure 4 shows the first tape elements having troughs with the strands situated in the first tape elements. Paragraph 0025 describes Figure 4 as a fabric having hydrophobic cotton warp yarns [white yarns] and hydrophobic weft yarns [white yarns]with wicking cotton yarns [black yarns] which are spaced apart and supported on the fabric having warp and weft yarns. The cotton warp yarns are hydrophobic but the wicking cotton strands are hydrophilic.
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.
Claims 165 and 184-187 are rejected under 35 U.S.C. 103 as being unpatentable over Emden et al., U.S. Pre Grant Publication 2008/0096001 in view of Pachiyappan et al., A Study on Fiber Size and Cross Sectional Shape on Moisture Transmission Properties of knitted active sportswear, 2019 JETIR, January 2019, Volume 6, Issue 1.
Regarding claims 165 and 184-187, the abstract of Emden discloses a fabric comprising a textile layer. Emden discloses a fabric as shown in Figure 4.
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Paragraph 0025 of Emden describes Figure 4 as a fabric having hydrophobic cotton warp yarns [white yarns] and hydrophobic weft yarns [white yarns]with wicking cotton yarns [black yarns] which are spaced apart and supported on the fabric having warp and weft yarns. Examiner is corresponding the hydrophobic cotton warp yarns and the hydrophobic weft yarns as the first and second tape elements. Paragraph 0046 discloses that the cotton wicking yarns are hydrophilic. Emden is silent to the strands being multi-lobal fibers. However, paragraph 0063 of Emden discloses that the fibers have a cross-sectional shape that improves wicking. Additionally, Emden discloses that the textile layer can be woven or knitted [0030]. Paragraph 0096 discloses that the fabric can be used for sportswear.
Pachiyappan discloses trilobal filaments [non-circular] having a fiber shape factor of 1.32 [section 2.2] wherein the trilobal fibers improve wicking [Section 3]. Both Emden and Pachiyappan disclose a knitted fabric for sportwear and are thus analogous art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention would utilize trilobal fibers as the strands in Emden to improve wicking properties.
Claims 172-173, 177, 180 and 182 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Applicant claims a protective drainage wrap as recited in claim 158, further including wherein the barrier layer comprises a non-porous monolithic film that is permeable to water molecules via molecular diffusion as recited in claim 172. Applicant claims a protective drainage wrap as recited in claim 158, further including wherein a rate of molecular diffusion varies with humidity as recited in claim 173. Additionally, Applicant claims a protective drainage wrap as recited in claims 158 and 176, further including wherein the top layer comprises a creped material as recited in claim 177. Also, Applicant claims a protective drainage wrap as recited in claims 158 and 179, further including wherein the second tape elements having a 3-D topographic front surface comprise a creped material as recited in claim 180. Applicant claims a protective drainage wrap as recited in claims 158 and 181, further including wherein the first tape elements having a 3-D topographic front surface comprise a creped material as recited in claim 182. The closet prior art, Emden et al., U.S. Pre Grant Publication 2008/0096001, teaches a fabric comprising a textile layer. Emden discloses a fabric as shown in Figure 4.
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Paragraph 0025 of Emden describes Figure 4 as a fabric having hydrophobic cotton warp yarns [white yarns] and hydrophobic weft yarns [white yarns]with wicking cotton yarns [black yarns] which are spaced apart and supported on the fabric having warp and weft yarns. Examiner is corresponding the hydrophobic cotton warp yarns and the hydrophobic weft yarns as the first and second tape elements. Paragraph 0046 discloses that the cotton wicking yarns are hydrophilic. Emden fails to teach or suggest the limitations as recited in claims 172-173, 177, 180 and 182.
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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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786