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 .
Applicant’s amendment and accompanying remarks filed March 25, 2026 are acknowledged.
Examiner acknowledges amended claims 158, 174-175, 178-179. 189-190.
Examiner acknowledges cancelled claims 1-157, 162-163, and 170,
Examiner acknowledges newly added claims 200-202.
The rejection of claims 159-161, 164, 166-169, 171-173, 178, 181 under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Emden et al., U.S. Pre Grant Publication 2008/0096001 in view of Lubker, II, U.S. Pre Grant Publication 2002/0146953 is overcome by Applicant’s amendment.
The rejection of claim 165 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 is overcome by Applicant’s amendment.
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 174-176, 183, 188-199 and 202 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 Lubker, II, U.S. Pre Grant Publication 2002/0146953.
Regarding claim 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 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, 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. 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.
Regarding claim 202, Figure 4 of Emden shows tape elements forming a continuous surface wherein the yarns extend in the drainage direction alternating being atop a second tape element and beneath a tape element.
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Claims 184-186 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 Lubker, II, U.S. Pre Grant Publication 2002/0146953 and in further 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.
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.
Emden and Lubker are 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 of Emden 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 158-161, 164-169, 171-173, 178, 181-182 are allowed. Applicant claims a protective drainage wrap as recited in claim 158. Emden and Lubker, above trach 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 fail to teach or suggest a vapor-permeable and liquid-impermeable barrier layer situated adjacent the back surface.
Claim 177, 180 and 187 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 claims 183 and 184. Emden and Lubker, above trach 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 fail to teach or suggest the limitations of claims 177, 180 and 187.
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.
Applicant argues that claim 183 has been amended to further highlight the base web configuration. Applicant’s claim set filed March 25, 2026 does not include an amendment of claim 183. The combination of Emden and Lubker, above, discloses the construction of claim 183.
Applicant argues that none of the cited references teach or suggest using multi-lobal yarn in the web construction as recite in claim 184. Emden discloses that the fabric can be used for sportwear. Pachiyappan discloses using trilobal fibers used in a fabric for sportswear wherein the trilobal fibers improving wicking. Emden and Pachiyappan are analogous art in that both reference disclose a fabric can include a knitted fabric wherein the fibers have a cross-sectional shape that improves wicking. Pachiyappan was brought in to show that trilobal fibers can improve wicking in knitted sportwear fabric. The combination is not without motivation as Emden and Pachiyappan are analogous art.
Applicant argues that claim 188 further recites spaced apart troughs. Figure 4 of Emden shows first and second tape with spaced apart troughs.
Figure 4 shows first and second tape elements and trough
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wherein the troughs are spaced apart on the surface. Applicant’s claim 188 does not recite a structure different from Applicant’s claim 188. Figure 4 shows that the troughs have depth and elevation.
Applicant’s arguments are not persuasive.
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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