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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/17/2025 has been entered.
Response to Amendment
The amendments filed with the written response received on 09/17/2025 have been considered and an action on the merits follows. As directed by the amendment, claims 18 and 28 have been amended; claims 19-20 are canceled; claims 1-17 are withdrawn from further consideration. Accordingly, claims 18 and 21-28 are pending in this application.
Because of the applicant's amendment, the following in the office action filed 03/20/2025, are hereby withdrawn: the prior claim objections, and the prior rejection of claims under 35 USC § 112(a) and partly the rejection of claims under 35 USC § 112(b).
Response to Arguments
Applicant's arguments, filed 09/17/2025, with respect to the rejection of claims 18 and 21-28 under 35 USC § 103 have been considered but are moot because the arguments do not apply to the current grounds of rejection. Applicant' s arguments, which appear to be drawn only to the newly amended limitations and previously presented rejections, have been considered but are moot in view of the updated grounds of rejection.
Applicant’s arguments, filed 09/17/2025, with respect to the rejection of claims under 35 USC 112(b) regarding the test method used the apparatus claim is unpersuasive. Applicant argues that one skilled in the art would understand that the test method used in the apparatus claim would be defined at the time the invention was filed and demonstrated that the claimed test method were clear and definite. However, examiner maintains that the referenced standard may still be subject to revisions and updates over time. The standard may undergo changes in testing procedures or evaluation criteria. A future update to the testing parameters may make the scope of the claim unclear. Further, the claim may be interpreted as a claiming both an apparatus and a method in the same claim which rendered the claim indefinite (see MPEP 2173.05(p)(II)) since it claims both an apparatus and method of testing the apparatus. Therefore, a person of ordinary skill in the art would not be able to determine with reasonably certainty what is encompassed by the claim.
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.
Claims 18 and 21-27 are 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 18 in part to recites “wherein the terry fabric absorbs a drop of water in less than five seconds according to absorbency test method AATCC-79,wherein a thickness of the terry fabric increases standard home laundering cycles as set forth in AATCC/ASTM Test Method TS-008.” This limitation is indefinite because the referenced standard may be subject to revisions and updates over time. The standard may undergo changes in testing procedures or evaluation criteria. It is unclear whether the claim is referring to the version of the standard at the time of filing or a future update. This variability creates uncertainty regarding the scope of the claims, as different versions of the standard would yield different results for the same material. Therefore, a person of ordinary skill in the art would not be able to determine with reasonably certainty what is encompassed by the claim. Further, as worded, the claim 18 may be interpreted as requiring performance of a method. However, claim 18 is an apparatus claim, not a method claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) (See MPEP 2173.05(p)(II)). For example, “wherein the terry fabric absorbs a drop of water is less than five seconds,” and “wherein a thickness of the terry fabric increases standard home laundering cycles” may be interpreted as method steps. Further, it is unclear what is a “standard home laundering cycle” rendering the claim unambiguous. Appropriate correction is required.
The term “about” in claims 18 and 28 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how much below about 25 pile ends per inch and how much above about 240 pile ends per inch is required to read on the claim about because the term “about” is not explicitly defined in the specification.
Claim 27 depends from claim 1. However, claim 1 is withdrawn. Therefore, the scope of the claim is unclear because it is unclear which claim claim 27 should depend from. For purposes of examination, claim 27 will be interpreted as depending from claim 18.
Claims depending form claims rejected under this section are similarly rejected to for their dependence on a claims rejected under this section.
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 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 18 and 21-28 are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0087162 A1 to Mandawewala (hereinafter “Mandawewala”) in view of US 2016/0208420 A1 to Hozumi (hereinafter “Hozumi 1”), US 2016/0037977 A1 to Hozumi (hereinafter “Hozumi 2”), JP2007016356A (translated to English and hereinafter “Translated ‘356”), and US 2016/0333506 A1 to Goenka (hereinafter “Goenka”).
For claim 18, Mandawewala discloses a terry woven fabric (abstract), comprising: a ground component that includes warp yarns and weft yarns interwoven with the warp yarns (paras 0035-0036 and 0059); wherein the weft yarns comprise natural fibers (para 0040); a pile component (pile loops) including a plurality of piles that project in a direction away from the ground component, the plurality of piles defined by pile yarns interwoven with the ground component (para 0036 and 0059), wherein the piles have a height between 2mm and 12 mm (para 0065), and wherein the terry fabric absorbs a drop of water in less than five seconds according to absorbency test method AATCC-79, wherein a thickness of the terry fabric increases standard home laundering cycles as set forth in AATCC/ASTM Test Method TS-008 (paras 0095-0096).
It is further noted that claim limitations including, but not limited to: “wherein the terry fabric absorbs a drop of water in less than five seconds according to absorbency test method AATCC-79,wherein a thickness of the terry fabric increases standard home laundering cycles as set forth in AATCC/ASTM Test Method TS-008,” have been fully considered and are being interpreted as statements of intended use. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim (See MPEP 2114(II)) (emphasis added). Examiner notes italicized limitations in the prior art rejection are functional and do not positively recite a structural limitation, but instead require an ability to so perform and/or function. Since Mandawewala teaches the claimed structure of a terry woven fabric, and the components thereof (see discussions above and below), there would be a reasonable expectation for Mandawewala to perform the claimed functions, if interpreted as a function rather than a method of use.
The above embodiment of Mandawewala does not specifically disclose: wherein the warp yarns comprise warp end counts of between 25 and 80 ends per inch and the weft yarns comprise weft end counts of between 25 and 70 picks per inch, wherein the pile component has a pile density from about 25 pile ends per inch to about 240 pile ends per inch, the pile yarns comprise a single end staple yarn, wherein the single end staple yarn includes a length, and twisted staple fibers that extend along the length, a first open path that extends through the twisted staple fibers along the length, and a second open path twisted with the first open path along the length and that extends through the twisted staple fibers along the length, and wherein the weft yarns comprise a plurality of single end staple yarns.
With respect to the yarn density, Hozumi 1 teaches an analogous pile woven fabric (abstract of Hozumi 1). Specifically, Hozumi 1 teaches the number of piles per inch is 40-60 yarns in a width direction, a density of warp yarns of a base weave construction is 40-60 yarns per inch, and a density of weft yarns of the base weave construction is 54-66 yarns per inch for providing a more durable construction and maintaining a preferable ratio of pile yarn weight to cloth weight (paras 0041-0043 of Hozumi 1). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the warp yarns comprise warp end counts of between 25 and 80 ends per inch (specifically 40-60 ends per inch) and the weft yarns comprise weft end counts of between 25 and 70 picks per inch (specifically 54-66 ends per inch), and wherein the pile component has a pile density from about 25 pile ends per inch to about 240 pile ends per inch (specifically 40-60 yarns per inch) for providing a more durable construction and maintaining a preferable ratio of pile yarn weight to cloth weight, as taught by Hozumi 1 (paras 0041-0043 of Hozumi 1).
As modified, Mandawewala does not specifically disclose the pile yarns comprise a single end staple yarn, wherein the single end staple yarn includes a length, and twisted staple fibers that extend along the length, a first open path that extends through the twisted staple fibers along the length, and a second open path twisted with the first open path along the length and that extends through the twisted staple fibers along the length, and wherein the weft yarns comprise a plurality of single end staple yarns.
However, Mandawewala does teach twisted staple fibers along a length of pile yarns (para 0053) to enclose dissolvable PVA fibers.
Attention is also directed to Hozumi 2 teaching an analogous terry cloth (towel cloth) (abstract and para 0002 of Hozumi 2) also comprising a pile components formed of single pile yarns (paras 0078-0080 Hozumi 2) (interpreted as “single end” staple yarns), and wherein the pile yarns are hollow so as to further improve water absorbency properties, drying, and lightness (para 0077 of Hozumi 2). Further, Hozumi 2 illustrates the pile yarns have a length so as to “loop” into, and out of, the ground component (fig. 2A of Hozumi 2). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Mandawewala would be modified wherein the pile yarns are single end staple yarns, wherein the single end staple yarns includes a length, and a first open path extends through the length of the staple yarns forming the pile loops, as taught by Hozumi 2, for purposes of providing improved water absorbency properties, drying capabilities, and lightness to the fabric (para 0077 of Hozumi 2).
With respect to claimed second open path twisted with the first open path along the length of the staple yarn, attention is also directed to Translated ‘356 teaching analogous hollow spun yarns and method for producing the same (abstract). Specifically, Translated ‘356 teaches the arrangement of the polylactic acid fibers may be a multi-core type having a plurality of core components represented by the 2-core type (shown in fig. 4) (“page 4” of translation), and in order to obtain a multi-layer spun yarn having a cross-sectional shape, as shown in fig. 4, it can be obtained by finely spinning and twisting a roving yarn comprising dissolvable polylactic acid fibers as a core component (“page 7,” 2nd paragraph of translation).
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Thus, the hollow spun yarn contained in the hollow spun yarn knitted fabric has a cross sectional shape as shown in fig. 2 (“page 9” of translation).
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The spinning and twisting of the roving yarns comprising the dissolvable fibers is interpreted as leading to a second open path twisted with the first open path along the length of the staple yarn once the polylactic acid fibers are dissolved (“page 4” of translation teaching the dissolving step). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the pile yarns of the modified Mandawewala would be further modified to comprise a second open path, formed by a second dissolvable fiber, twisted with the first open path along the length and that extends through twisted staple fibers along the length, as taught by Translated ‘356, for purposes of providing enhanced lightness, bulkiness, heat retention and quick drying to each yarn (“page 3” of translation).
As modified, Mandawewala does not specifically disclose wherein the weft yarns comprise a plurality of single end staple yarns.
However, Mandawewala does teach, normally, the yarns used in terry fabric are courses in single configurations for the weft yarns (para 0008).
Attention is also directed to Goenka teaching an analogous method of making a terry article wherein at least one of the plurality of weft yarns include single end yarns (claim 22) (para 0037 of Goenka). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Mandawewala would be further modified wherein the weft yarns include a plurality of the single end staple yarns, as taught by Goenka, for purposes of providing a tighter linear density of weft yarns based on the fabric’s specific application and needs (para 0031 of Goenka).
For claim 21, the modified Mandawewala teaches the terry woven fabric of claim 18, wherein the first open path is separate and apart from the second open path see fig. 2 of JP2007016356A wherein Mandawewala, as modified by JP2007016356A, teaches the open paths are separate and apart from each other) and wherein the first and second open paths are twisted around and with respect to each other as each extends along the length (see discussion for claim 18 above teaching the spinning and twisting of the roving yarns, comprising the dissolvable fibers, is interpreted as leading to a second open path twisted with the first open path along the length of the staple yarn once the core fibers are dissolved).
For claim 22, the modified Mandawewala teaches the woven terry fabric of claim 18, wherein the twisted staple fibers and the first and second open paths have the same twist direction (see discussion for claim 18 above wherein, in order to obtain a multi-layer spun yarn having a cross-sectional shape, as shown in fig. 4 of JP2007016356A, it can be obtained by finely spinning and twisting a roving yarn comprising the dissolvable fibers as a core component, which, once dissolved, form the twisted open paths).
For claim 23, the modified Mandawewala teaches the terry woven fabric of claim 18, wherein each single end staple yarn defines a yarn cross-sectional dimension that is perpendicular to the length (yarns comprise lengths, and a cross section is a known perpendicular dimension to said length), the first and second open paths each define an open path cross-sectional dimension that is aligned with the yarn cross-sectional dimension (see fig. 2 of JP2007016356A wherein Mandawewala, as modified by JP2007016356A, teaches the cross section with open first and second paths are separate and apart from each other).
The modified Mandawewala does not specifically disclose wherein the combined open path cross sectional dimension comprise between 8% and 40% of the yarn cross-sectional dimension.
However, attention is again directed to Translated ‘356 teaching the hollow rate of the hollow spun yarn is preferably 10% to 25% of the hollow portion of the yarn as a whole (page 4 of Translated ‘356). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Mandawewala would be further modified wherein the combined open path cross sectional dimension comprise between 8% and 40% of the yarn cross-sectional dimension, specifically 10%-25%, as taught by Translated ‘356, to provide adequate heat retention while also not being easily crushed by external force (page 4 of Translated ‘356).
For claim 24, the modified Mandawewala teaches the terry woven fabric of claim 18, wherein the staple fibers are a) natural fibers, or b) blends of cellulosic fibers with one or more other fibers (para 0040).
For claim 25, the modified Mandawewala teaches the terry woven fabric of claim 18, wherein the pile yarns comprise a plied yarn including the single end staple yarn (see discussion for claim 18 above and teachings of Hozumi 2 specifically teaching this limitation).
For claim 26, the modified Mandawewala teaches the terry woven fabric of claim 18, but does not specifically disclose wherein the first and second
However, attention is again directed to Translated ‘356 teaching the hollow rate of the hollow spun yarn is preferably 10% to 25% of the hollow portion of the yarn as a whole (page 4 of Translated ‘356). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Mandawewala would be further modified wherein the first and second open paths comprise between 8% and 40% of the volume of the single end yarn, specifically 10%-25%, as taught by Translated ‘356, to provide adequate heat retention while also not being easily crushed by external force (page 4 of Translated ‘356).
For claim 27, the modified Mandawewala teaches the terry woven fabric of claim 1, wherein the single end staple yarn is twisted to have a) a z-twist, or b) an s-twist (para 0053).
For claim 28, Mandawewala discloses a terry woven fabric (abstract), comprising: a ground component that includes warp yarns and weft yarns interwoven with the warp yarns (paras 0035-0036, and 0059), wherein the weft yarns comprise cellulosic fibers (para 0040); and a pile component (pile loops) including a plurality of piles that project in a direction away from the ground component (para 0059), the plurality of piles defined by pile yarns interwoven with the ground component (para 0036 and 0059).
Mandawewala does not specifically disclose wherein the pile component has a pile density from about 25 pile ends per inch to about 240 pile ends per inch, the pile yarns consist of a single end staple yarn, wherein the single end staple yarn includes a length, and twisted staple fibers that extend along the length, a first open space that extends through the twisted staple fibers along the length, and a second open space twisted with the first open space along the length and that extends through the twisted staple fibers along the length, and wherein the weft yarn includes a plurality of the single end staple yarns.
With respect to the yarn density, Hozumi 1 teaches an analogous pile woven fabric (abstract of Hozumi 1). Specifically, Hozumi 1 teaches the number of piles per inch is 40-60 yarns in a width direction, a density of warp yarns of a base weave construction is 40-60 yarns per inch, and a density of weft yarns of the base weave construction is 54-66 yarns per inch for providing a more durable construction and maintaining a preferable ratio of pile yarn weight to cloth weight (paras 0041-0043 of Hozumi 1). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the pile component has a pile density from about 25 pile ends per inch to about 240 pile ends per inch (specifically 40-60 yarns per inch) for providing a more durable construction and maintaining a preferable ratio of pile yarn weight to cloth weight, as taught by Hozumi 1 (paras 0041-0043 of Hozumi 1).
As modified, Mandawewala does not specifically disclose the pile yarns consist of a single end staple yarn, wherein the single end staple yarn includes a length, and twisted staple fibers that extend along the length, a first open space that extends through the twisted staple fibers along the length, and a second open space twisted with the first open space along the length and that extends through the twisted staple fibers along the length, and wherein the weft yarn includes a plurality of the single end staple yarns.
However, Mandawewala does teach twisted staple fibers along a length of pile yarns (para 0053) to enclose dissolvable PVA fibers.
Attention is also directed to Hozumi 2 teaching an analogous terry cloth (towel cloth) (abstract and para 0002 of Hozumi 2) also comprising a pile components formed of single pile yarns (paras 0078-0080 Hozumi 2) (interpreted as “single end” staple yarns) and wherein the pile yarns are hollow so as to further improve water absorbency properties, drying, and lightness (para 0077 of Hozumi 2). Further, Hozumi 2 illustrates the pile yarns have a length so as to “loop” into, and out of, the ground component (fig. 2A of Hozumi 2). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Mandawewala would be modified wherein the pile yarns are single end staple yarns, wherein the single end staple yarns includes a length, and a first open space extending through the length of the staple yarns, and further wherein the weft yarns include a plurality of the single end staple yarns as taught by Hozumi 2, for purposes of providing, in both the ground components and the piles, improved water absorbency properties, drying capabilities, and lightness to the fabric (para 0077 of Hozumi 2).
With respect to a second open space twisted with the first open space along the length of the staple yarn attention is also directed to Translated ‘356 teaching analogous hollow spun yarns and method for producing the same (abstract). Specifically, Translated ‘356 teaches the arrangement of the polylactic acid fibers may be a multi-core type having a plurality of core components represented by the 2-core type (shown in fig. 4) (“page 4” of translation), and in order to obtain a multi-layer spun yarn having a cross-sectional shape, as shown in fig. 4, it can be obtained by finely spinning and twisting a roving yarn comprising dissolvable polylactic acid fibers as a core component (“page 7,” 2nd paragraph of translation).
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Thus, the hollow spun yarn contained in the hollow spun yarn knitted fabric has a cross sectional shape as shown in fig. 2 (“page 9” of translation).
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The spinning and twisting of the roving yarns comprising the dissolvable fibers is interpreted as leading to a second open path twisted with the first open path along the length of the staple yarn once the polylactic acid fibers are dissolved (“page 4” of translation teaching the dissolving step). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the pile yarns of the modified Mandawewala would be further modified to comprise a second open space, formed by a second dissolvable fiber, twisted with the first open space along the length and that extends through twisted staple fibers along the length, as taught by Translated ‘356, for purposes of providing enhanced lightness, bulkiness, heat retention and quick drying to each yarn (“page 3” of translation).
As modified, Mandawewala does not specifically disclose wherein the weft yarn includes a plurality of the single end staple yarns.
However, Mandawewala does teach, normally, the yarns used in terry fabric are courses in single configurations for the weft yarns (para 0008).
Attention is also directed to Goenka teaching an analogous method of making a terry article wherein at least one of the plurality of weft yarns include single end yarns (claim 22) (para 0037 of Goenka). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Mandawewala would be further modified wherein the weft yarns include a plurality of the single end staple yarns, as taught by Goenka, for purposes of providing a tighter linear density of weft yarns based on the fabric’s specific application and needs (para 0031 of Goenka).
Conclusion
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/ERICK I LOPEZ/Examiner, Art Unit 3732