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 3-19 are currently pending. Claims 1, 10, 12, and 14 are currently amended. Claims 2 and 20 are cancelled. No new subject matter is added.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/29/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1, 10, 12, and 14 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 Stoll and Wheldrake, as described in the Final Rejection, do not teach “wherein at least one of the first fabric or the second fabric comprises a spacer fabric having a first layer and a second layer”. The Examiner agrees, and has amended the rejection to address “wherein at least one of the first fabric or the second fabric comprises a spacer fabric having a first layer and a second layer” with new reference Lin et al. (US 20200001566 A1).
Claim Objections
Claims 4 is objected to because of the following informalities:
“a fabric” in line 1 of Claim 4 should be “The fabric”;
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 5 is 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 5 recites the limitation “a spacer fabric comprising a first layer and a second layer” in line 2 and claim 1, from which claim 6 depends, recites “a spacer fabric comprising a first layer and a second layer”. Therefore, it is unclear if “a spacer layer” is the same as the spacer layer recited in claim 1. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Stoll et al. (GB 2180266 A), herein after referred to as “Stoll” in view of Lin et al. (US 20200001566 A1), hereinafter referred to as “Lin”.
Regarding Claim 10, Stoll teaches a system (see Figures 1-3) comprising:
a knitting machine (11) comprising a first needle bed comprising a plurality of needles (front needle bed of needle bed arrangement 13);
a first set of yarns (knitting 23/23') coupled with a first set of adjacent needles (first set of needles 46) in the first needle bed (see Figure 2); and
a second set of yarns (24/24') coupled with a second set of adjacent needles in the first needle bed (second set of needles 46 respectively associated with knitting 24/24'),
wherein the first set of needles is separated from the second set of needles by one or more empty needles in the first needle bed (the spacing between this trailing edge 47 and the outermost point of the edge 51 corresponds at least approximately to one to two needle spaces to permit a displacement of one of the two needle beds, see Figure 2; pg. 3 ln 12-16),
wherein the system is configured to continuously an simultaneously produce a plurality of discrete fabrics, each with a predetermined width (knitting two parallel pieces of knitting 23 and 24 on a single needle bed arrangement 13; the respective yarn feeders 43 and needle bed set to form knitting’s 23/24, see Figures 1-2), and
Stoll teaches all of the limitations as discussed above. However, Stoll do not explicitly disclose wherein at least one of the first fabric or the second fabric comprises a spacer fabric having a first layer and a second layer.
Lin teaches a method of manufacturing a fabric (see Abstract; Figures 1-3) comprising: a flat knitting machine (partial view of the needle beds, see Figure 3) employed to manufacture an integral spacer fabric (1) by a V-bed flat knitting machine and the computer and utilized to adaptively control the top distance D in order to vary the thickness of the central fabric layer 14 given the outline pattern 20 and the variable thickness requirements (see Paragraph [0019] and [0020]), and wherein at least one of the first fabric or the second fabric comprises the spacer fabric (spacer fabric 1) having a first layer (10) and a second layer (12).
Stoll, and Lin are all analogous art because all teach a knitting machine for producing a knitted fabric.
Lin teaches having a knitting machine to provide an integral spacer fabric provided with adaptive thickness and a method of fabricating the same is beneficial because the integral spacer fabric in accordance with the present invention varies its thickness while knitting in consideration of variable functions of the garments to be made so as to save labor costs and time for subsequent processing (see Paragraph [0005]). Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the needle bed configuration of Modified Wheldrake and further include wherein the needle beds can create a spacer fabric having a first layer and a second layer, as taught by Lin.
Regarding Claim 11, Stoll and Lin teaches all of the limitations, as discussed above in claim 10, and Stoll further teaches wherein the knitting machine comprises a second needle bed comprising a first set of adjacent needles and a second set of adjacent needles (a needle bed arrangement with front and rear needle beds each of which is continuous and extends over a substantial part of the length of the machine; it possible to use the front and rear cam box unit for the production of two or more pieces of knitting lying adjacent one another on the needle bed arrangement, see pg. 1 ln 38-65), wherein the first set of adjacent needles is separated from the second set of adjacent needles by one or more empty needles in the second needle bed (the rear needle bed is similar to the front needle bed 13, as described in rejection above).
Regarding Claim 12, Stoll teaches a computer program product comprising instructions to cause the system of claim 10 to execute the steps of the method of claim 1 (a control unit 31 including a data processing unit and an input keyboard and by means of which the cam carriage 14 is controlled with respect to movement and the technical requirements of the pattern, see pg. 2 ln 66-71) a method comprising:
knitting a first fabric (knitting 23/23') of the plurality of discrete fabrics (knitting’s 23/23' and 24/24') by providing the first set of yarns to the first set of adjacent needles (the respective yarn feeder 43 and needle set to form knitting 23', see Figure 2), and
simultaneously knitting a second fabric of the plurality of discrete fabrics by providing the second set of yarns to the second set of adjacent needles (knitting two parallel pieces of knitting 23 and 24 on a single needle bed arrangement 13; the respective yarn feeder 43 and needle set to form knitting 24'); wherein the first and second fabrics are separate and each have a predefined width (see Figure 2).
Stoll teaches all of the limitations as discussed above. However, Stoll do not explicitly disclose wherein at least one of the first fabric or the second fabric comprises a spacer fabric having a first layer and a second layer.
Lin teaches a method of manufacturing a fabric (see Abstract; Figures 1-3) comprising: a flat knitting machine (partial view of the needle beds, see Figure 3) employed to manufacture an integral spacer fabric (1) by a V-bed flat knitting machine and the computer and utilized to adaptively control the top distance D in order to vary the thickness of the central fabric layer 14 given the outline pattern 20 and the variable thickness requirements (see Paragraph [0019] and [0020]), and wherein at least one of the first fabric or the second fabric comprises the spacer fabric (spacer fabric 1) having a first layer (10) and a second layer (12).
Stoll, and Lin are all analogous art because all teach a knitting machine for producing a knitted fabric.
Lin teaches having a knitting machine to provide an integral spacer fabric provided with adaptive thickness and a method of fabricating the same is beneficial because the integral spacer fabric in accordance with the present invention varies its thickness while knitting in consideration of variable functions of the garments to be made so as to save labor costs and time for subsequent processing (see Paragraph [0005]). Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the needle bed configuration of Modified Wheldrake and further include wherein the needle beds can create a spacer fabric having a first layer and a second layer, as taught by Lin.
Regarding Claim 13, Stoll and Lin teaches all of the limitations, as discussed above in claim 12, and Stoll further teaches a non-transitory computer readable medium having stored there on the computer program product of claim 12 (control unit 31 with the data processing unit, see Figure 1).
Claims 1, 3-9, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wheldrake (WO 2020144347 A1) in view of Stoll (GB 2180266 A), and in further view of Lin (US 20200001566 A1).
Regarding Claim 1, Wheldrake teaches a method of manufacturing a fabric for a wound dressing (method for manufacturing a component for a wound dressing 100, see Abstract), the method comprising :
providing a knitting machine configured to knit a plurality of yarns to form a knitted fabric (comprising the step of mechanically manipulating a yarn with a machine to form a discrete structure having a predetermined shape wherein the discrete structure is in a form suitable for incorporation into or for use as a wound dressing, see Abstract; Paragraph [27]; The discrete structure may be formed from a plurality of yarns, see Paragraph [27]).
However, Wheldrake does not explicitly disclose manufacturing a plurality of knitted fabrics; the knitting machine comprising a first needle bed comprising a first set of adjacent needles and a second set of adjacent needles; knitting a first fabric by providing a first set of yarns to the first set of adjacent needles; simultaneously knitting a second fabric by providing a second set of yarns to the second set of adjacent needles; wherein the first set of adjacent needles is separated from the second set of adjacent needles by one or more empty needles in the first needle bed, and wherein the first and second fabrics are separate and each have a predefined width.
Stoll teaches a method of manufacturing a plurality of fabrics (see Figures 1-3) comprising:
a knitting machine (11) comprising a first needle bed (front needle bed of needle bed arrangement 13) comprising a first set of adjacent needles (working needles 46, see Figure 1) and a second set of adjacent needles (needles 46 adjacent but separate to the first set of needles, see Figure 2);
knitting a first fabric by providing a first set of yarns to the first set of adjacent needles (the respective yarn feeder 43 and needle set to form knitting 23', see Figure 2); and
simultaneously knitting a second fabric by providing a second set of yarns to the second set of adjacent needles (knitting two parallel pieces of knitting 23 and 24 on a single needle bed arrangement 13; the respective yarn feeder 43 and needle set to form knitting 24');
wherein the first set of adjacent needles is separated from the second set of adjacent needles by one or more empty needles in the first needle bed (the spacing between this trailing edge 47 and the outermost point of the edge 51 corresponds at least approximately to one to two needle spaces to permit a displacement of one of the two needle beds, see Figure 2; pg. 3 ln 12-16), and
wherein the first and second fabrics are separate and each have a predefined width in order to provide the production of two or more pieces of knitting lying adjacent one another on the needle bed arrangement (see Figure 2).
Wheldrake and Stoll are analogous art because both teaches a knitting machine for producing a knitted fabric.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the knitting machine of Wheldrake and further include wherein the knitting machine has the specific components such as a first needle bed with a first and second set of adjacent needles producing a plurality of knitted fabrics, as taught by Stoll. Stoll teaches It is an object of the present invention to provide a flat knitting machine of the kind set out in the introduction, which by full utilization of the extent of the two or more pieces of knitting on the needle bed arrangement in a single operation, and which can also be used for the manufacture of only a single piece of knitting on the needle bed arrangement (see pg. 1 ln 31-37).
Wheldrake and Stoll teaches all of the limitations as discussed above. However, Wheldrake and Stoll do not explicitly disclose wherein at least one of the first fabric or the second fabric comprises a spacer fabric having a first layer and a second layer.
Lin teaches a method of manufacturing a fabric (see Abstract; Figures 1-3) comprising: a flat knitting machine (partial view of the needle beds, see Figure 3) employed to manufacture an integral spacer fabric (1) by a V-bed flat knitting machine and the computer and utilized to adaptively control the top distance D in order to vary the thickness of the central fabric layer 14 given the outline pattern 20 and the variable thickness requirements (see Paragraph [0019] and [0020]), and wherein at least one of the first fabric or the second fabric comprises the spacer fabric (spacer fabric 1) having a first layer (10) and a second layer (12).
Wheldrake, Stoll, and Lin are all analogous art because all teach a knitting machine for producing a knitted fabric.
Lin teaches having a knitting machine to provide an integral spacer fabric provided with adaptive thickness and a method of fabricating the same is beneficial because the integral spacer fabric in accordance with the present invention varies its thickness while knitting in consideration of variable functions of the garments to be made so as to save labor costs and time for subsequent processing (see Paragraph [0005]). Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the needle bed configuration of Modified Wheldrake and further include wherein the needle beds can create a spacer fabric having a first layer and a second layer, as taught by Lin.
Regarding Claim 3, Modified Wheldrake suggest all of the limitations as discussed above in claim 1. However, Modified Wheldrake does not explicitly disclose wherein the knitting machine comprises a second needle bed comprising a first set of adjacent needles and a second set of adjacent needles, wherein the first set of adjacent needles is separated from the second set of adjacent needles by one or more empty needles in the second needle bed.
Stoll teaches wherein the knitting machine comprises a second needle bed comprising a first set of adjacent needles and a second set of adjacent needles (a needle bed arrangement with front and rear needle beds each of which is continuous and extends over a substantial part of the length of the machine; it possible to use the front and rear cam box unit for the production of two or more pieces of knitting lying adjacent one another on the needle bed arrangement, see pg. 1 ln 38-65), wherein the first set of adjacent needles is separated from the second set of adjacent needles by one or more empty needles in the second needle bed (it is understood that the rear needle bed is similar to the front needle bed 13, as described in rejection above) in order to provide the production of two or more pieces of knitting lying adjacent one another on the needle bed arrangement (see Figure 2).
Wheldrake, Stoll, and Lin are analogous art because both teaches a knitting machine for producing a knitted fabric.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the knitting machine of Modified Wheldrake and further include a second needle bed wherein the first set of adjacent needles is separated from the second set of adjacent needles by one or more empty needles in the second needle bed, as taught by Stoll. Stoll teaches it is an object of the present invention to provide a flat knitting machine of the kind set out in the introduction, which by full utilization of the extent of the two or more pieces of knitting on the needle bed arrangement in a single operation, and which can also be used for the manufacture of only a single piece of knitting on the needle bed arrangement (see pg. 1 ln 31-37).
Regarding Claim 4, Modified Wheldrake suggest all of the limitations as discussed above in claim 1 and Modified Wheldrake further discloses a fabric formed of the plurality of fabrics (discreet structure 106) formed according to the method of claim 1.
Regarding Claim 5, Modified Wheldrake suggest all of the limitations as discussed above in claim 4 and Lin further teaches wherein the fabric comprises a spacer fabric (1) comprising a first layer (10) and a second layer (12).
Regarding Claim 6, Modified Wheldrake suggest all of the limitations as discussed above in claim 5 and Wheldrake further discloses wherein one or more of the first layer or the second layer is absorbent (the discrete structure may comprise an absorbent yarn, see Paragraph [29]).
Regarding Claim 7, Modified Wheldrake suggest all of the limitations as discussed above in claim 5 and Lin further discloses wherein the first layer (10) and the second layer (12) are spaced to define a gap suitable for incorporating an additional component of the wound dressing within the gap (a gap to have central fabric layer 14, see Figure 1).
Regarding Claim 8, Modified Wheldrake suggest all of the limitations as discussed above in claim 6 and Lin discloses teaches one or more monofilament fibers that are configured to extend between the first layer and the second layer (the central fabric layer 14 can be knitted with monofilament fibers or multifilament fibers, see Figure 1; Paragraph [0013]).
Regarding Claim 9, Modified Wheldrake suggest all of the limitations as discussed above in claim 1 and Wheldrake further discloses wherein the fabric is for use in a negative pressure wound dressing (the discrete structure is preferably for use in a negative pressure wound dressing, see Paragraph [31]).
Regarding Claim 14, Wheldrake teaches a wound dressing (200, see Figure 4) comprising a spacer fabric (discrete structure 206 being a spacer layer, see Paragraph [99]), the spacer fabric comprising:
a first layer comprising a first knitted fabric (The discrete structure may be formed of a plurality of layers. Each of the layers may have different properties and may be formed from different yarns, see Paragraph [28]) and a second layer comprising a second knitted fabric (additional spacer layers may also be incorporated and include a knitted or woven spacer fabric, see Paragraph [99]),
wherein the first and second knitted fabrics are formed with a predetermined width suitable for direct incorporation in the wound dressing without further processing (The relative widths of the various layers may be all the same or different to those as shown in the figures, see Paragraph [111]; see Figure 4).
However, Wheldrake does not explicitly disclose wherein the first knitted fabric and the second knitted fabric are made by: providing a knitting machine configured to knit a plurality of yarns to form a knitted fabric, the knitting machine comprising a first needle bed comprising a first set of adjacent needles and a second set of adjacent needles; knitting the first knitted fabric by providing a first set of yarns to the first set of adjacent needles; and knitting the second knitted fabric by providing a second set of yarns to the second set of adjacent needles, wherein the first set of adjacent needles is separated from the second set of adjacent needles by one or more empty needles in the first needle bed.
Stoll teaches a method of manufacturing a plurality of fabrics (see Figures 1-3) comprising:
wherein the first knitted fabric and the second knitted fabric are made by:
providing a knitting machine (11) configured to knit a plurality of yarns to form a knitted fabric (forming knitting’s 23/23' and 24/24' with the respective yarn feeders 43 and cam boxes, see Figures 1-2), the knitting machine comprising a first needle bed (front needle bed of needle bed arrangement 13) comprising a first set of adjacent needles (working needles 46, see Figure 1) and a second set of adjacent needles (needles 46 adjacent but separate to the first set of needles);
knitting the first knitted fabric by providing a first set of yarns to the first set of adjacent needles (the respective yarn feeder 43 and thread set to form knitting 23/23', see Figure 2); and
simultaneously knitting the second knitted fabric by providing a second set of yarns to the second set of adjacent needles (knitting two parallel pieces of knitting 23 and 24 on a single needle bed arrangement 13; the respective yarn feeder 43 and needle set to form knitting 24'), wherein the first set of adjacent needles is separated from the second set of adjacent needles by one or more empty needles in the first needle bed (the spacing between this trailing edge 47 and the outermost point of the edge 51 corresponds at least approximately to one to two needle spaces to permit a displacement of one of the two needle beds, see Figure 2; pg. 3 ln 12-16) in order to provide the production of two or more pieces of knitting lying adjacent one another on the needle bed arrangement (see Figure 2), and
wherein the first and second fabrics are separate and each have a predefined width (see Figure 2).
Wheldrake and Stoll are analogous art because both teaches a knitting machine for producing a knitted fabric.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the knitting machine of Wheldrake and further include wherein the knitting machine has the specific components such as a first needle bed with a first and second set of adjacent needles producing a plurality of knitted fabrics, as taught by Stoll. Stoll teaches It is an object of the present invention to provide a flat knitting machine of the kind set out in the introduction, which by full utilization of the extent of the two or more pieces of knitting on the needle bed arrangement in a single operation, and which can also be used for the manufacture of only a single piece of knitting on the needle bed arrangement (see pg. 1 ln 31-37).
Wheldrake and Stoll teaches all of the limitations as discussed above. However, Wheldrake and Stoll do not explicitly disclose wherein at least one of the first fabric or the second fabric comprises a spacer fabric having a first layer and a second layer.
Lin teaches a method of manufacturing a fabric (see Abstract; Figures 1-3) comprising: a flat knitting machine (partial view of the needle beds, see Figure 3) employed to manufacture an integral spacer fabric (1) by a V-bed flat knitting machine and the computer and utilized to adaptively control the top distance D in order to vary the thickness of the central fabric layer 14 given the outline pattern 20 and the variable thickness requirements (see Paragraph [0019] and [0020]), and wherein at least one of the first fabric or the second fabric comprises the spacer fabric (spacer fabric 1) having a first layer (10) and a second layer (12).
Wheldrake, Stoll, and Lin are all analogous art because all teach a knitting machine for producing a knitted fabric.
Lin teaches having a knitting machine to provide an integral spacer fabric provided with adaptive thickness and a method of fabricating the same is beneficial because the integral spacer fabric in accordance with the present invention varies its thickness while knitting in consideration of variable functions of the garments to be made so as to save labor costs and time for subsequent processing (see Paragraph [0005]). Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the needle bed configuration of Modified Wheldrake and further include wherein the needle beds can create a spacer fabric having a first layer and a second layer, as taught by Lin.
Regarding Claim 15, Modified Wheldrake suggest all of the limitations as discussed above in claim 14 and Wheldrake further discloses wherein at least one of the first layer or the second layer is absorbent (the discrete structure may comprise an absorbent yarn, see Paragraph [29]).
Regarding Claim 16, Modified Wheldrake suggest all of the limitations as discussed above in claim 14 and Wheldrake further discloses Lin further discloses wherein the first layer (10) and the second layer (12) are spaced to define a gap suitable for incorporating an additional component of the wound dressing within the gap (a gap to have central fabric layer 14, see Figure 1).
Regarding Claim 17, Modified Wheldrake suggest all of the limitations as discussed above in claim 14 and Lin further discloses one or more monofilament fibers that are configured to extend between the first layer and the second layer (the central fabric layer 14 can be knitted with monofilament fibers or multifilament fibers, see Figure 1; Paragraph [0013]).
Regarding Claim 18, Modified Wheldrake suggest all of the limitations as discussed above in claim 14 and Wheldrake further discloses wherein the spacer fabric is configured to distribute pressure applied to a top of the wound dressing (the discrete structure is particularly of use in a negative pressure wound dressing when the discrete structure is a spacer fabric, spacer fabrics retain the integrity of their open structure when a negative pressure is applied, maintaining the application of the negative pressure to the wound site in the presence of wound exudate, see Paragraph [31]-[34).
Regarding Claim 19, Modified Wheldrake suggest all of the limitations as discussed above in claim 14 and Wheldrake further discloses wherein the spacer fabric has no cut edges (may require multiple additional processing steps to ensure that the component is suitable for use in a wound dressing, for example sealing and or smoothing cut edges, see Paragraph [03] and [26]).
Conclusion
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/ERIC RASSAVONG/ (5/14/2026)Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781
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