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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/16/2026 has been entered. Claims 1-21 are pending.
Response to Arguments
Applicant’s arguments filed 3/16/2026, with respect to amended claims 1, 11, 20, and 21 have been fully considered and are persuasive. Therefore, the previous prior art rejections have been withdrawn.
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 3-8 and 12-18 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.
Amended claim 1 recites the plurality of fibers including “a first fiber” and “a second fiber”. Claims 3-8 also recites “a first fiber” (see claim 3) and “a second fiber” (see claim 6) of the plurality of fibers. Therefore, it is unclear as to whether or not the first and second fibers of claims 3-8 are the same as the first and second fibers recited in amended claim 1 and as such, the limitations are rendered indefinite.
Similarly, amended claim 11 also recites the plurality of fibers including “a first fiber” and “a second fiber”. Claims 12-18 recites the plurality of fibers includes “a cooperative fiber” and “an operative fiber” and the specification describes the first and second fibers/strands 108a, 108b being the cooperative fibers/strands (see [0056]). Therefore, it is unclear as to whether or not the cooperative fibers recited in claims 12-18 are the same as the first and second fibers recited in amended claim 11 and as such, the limitations are rendered indefinite.
Allowable Subject Matter
Claims 1, 2, 9-11, and 19-21 are allowed. The following is an examiner’s statement of reasons for allowance:
Regarding claims 1, 2, 9, 10, 20, and 21, the prior art fails to disclose or suggest, in combination with other limitations recited in the claims, the plurality of fibers defining the plurality of knits includes a first fiber having a first knit pattern and the second fiber having a second knit pattern that is different from the first knit pattern.
Regarding claims 11 and 19, the prior art fails to disclose or suggest, in combination with other limitations recited in the claims, the plurality of fibers includes a first fiber including a first knit pattern including at least a chain knit that is maintained within a first row and a knit extending across a plurality of rows.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELANIE TYSON whose telephone number is (571)272-9062. The examiner can normally be reached M-F 8:00 AM - 4:00 PM (ET).
Examiner interviews are available via telephone. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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