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 1-20 are currently pending. Claims 1, 7, 10, 12, and 14 are currently amended. No new subject matter is added.
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 Essig and Wheldrake, as described in the Non-Final Rejection, do not teach a first set of needles is separated from the second set of needles by one or more empty needles in the first needle bed”. The Examiner agrees, and has amended the rejection to address “a first set of needles is separated from the second set of needles by one or more empty needles in the first needle bed” with new reference Stoll (GB 2180266 A).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 20 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 20 recites the same exact limitations from claim 14, from which it depends, and does not provide any new limitations. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 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.
Claims 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stoll et al. (GB 2180266 A), herein after referred to as “Stoll”.
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), and
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).
Regarding Claim 11, 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);
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).
Regarding Claim 13, Stoll 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).
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 1-9 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wheldrake (WO 2020144347 A1) in view of Stoll (GB 2180266 A).
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).
Regarding Claim 2, Wheldrake and Stoll suggest all of the limitations as discussed above in claim 1 and Wheldrake further discloses wherein at least one of the first fabric or the second fabric comprises a spacer fabric (when the discrete structure is a spacer fabric, see Paragraph [31]).
Regarding Claim 3, Wheldrake suggest all of the limitations as discussed above in claim 1. However, 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 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 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, Wheldrake and Stoll suggest all of the limitations as discussed above in claim 1 and 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, Wheldrake and Stoll suggest all of the limitations as discussed above in claim 4 and Wheldrake further teaches wherein the fabric comprises a spacer fabric comprising a first layer and a second layer (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 [0028]; wherein the discrete structure is a spacer fabric, see Paragraph [31]).
Regarding Claim 6, Wheldrake and Stoll 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, Wheldrake and Stoll suggest all of the limitations as discussed above in claim 5 and Wheldrake further discloses wherein the first layer and the second layer are spaced to define a gap suitable for incorporating an additional component of the wound dressing within the gap (the discrete structure may comprise a void suitable for incorporating an additional component of a wound dressing within said void, see Paragraph [18]).
Regarding Claim 8, Wheldrake and Stoll suggest all of the limitations as discussed above in claim 6 and Wheldrake discloses teaches one or more monofilament fibers that are configured to extend between the first layer and the second layer (the spacer fabrics are typically knitted with knitted substrates spaced apart by spacer yarns formed from mono or multifilament’s of yarn, see Paragraph [48]).
Regarding Claim 9, Wheldrake and Stoll 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
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).
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).
Regarding Claim 15, Wheldrake and Stoll 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, Wheldrake and Stoll suggest all of the limitations as discussed above in claim 14 and Wheldrake further discloses wherein the first layer and the second layer are spaced to define a gap suitable for incorporating an additional component of the wound dressing within the gap (the discrete structure may comprise a void suitable for incorporating an additional component of a wound dressing within said void, see Paragraph [18]).
Regarding Claim 17, Wheldrake and Stoll suggest all of the limitations as discussed above in claim 14 and Wheldrake further discloses one or more monofilament fibers extending between the first layer and the second layer of the spacer fabric (the spacer fabrics are typically knitted with knitted substrates spaced apart by spacer yarns formed from mono or multifilament’s of yarn, see Paragraph [48]) and not extending beyond an edge of the spacer fabric (sealing and or smoothing cut edges, see Paragraph [03] and [26]).
Regarding Claim 18, Wheldrake and Stoll 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, Wheldrake and Stoll 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]).
Regarding Claim 20, Wheldrake and Stoll suggest all of the limitations as discussed above in claim 5 and Wheldrake further discloses 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
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).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC RASSAVONG whose telephone number is (408)918-7549. The examiner can normally be reached Monday - Friday 9:00am-5:30pm PT.
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/ERIC RASSAVONG/ (1/26/2026)Examiner, Art Unit 3781
/LESLIE R DEAK/Primary Examiner, Art Unit 3799 27 January 2026