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 .
Election/Restrictions
Applicant’s election without traverse of Invention I: claims 1-13 in the reply filed on 12/23/2025 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/14/2023 is acknowledged. The submission is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1, 4-6, 9-10 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tibbits (US 2018/0195213).
Regarding claim 1, Tibbits teaches a method of manufacturing a three-dimensional structure (figs. 1A-7, para. [0005])comprising:
obtaining a first yarn material (figs. 1A-7, para. [0026], active fibers), the first yarn material having first material properties;
obtaining a second yarn material (para. [0042], non-active fibers), the second yarn material having second material properties;
knitting (fig. 7, para. [0003]-[0005]) the first yarn material and the second yarn material together to form a knit structure having a first shape; and
applying a thermal load (para. [0038], [0039]) to at least one of the first yarn material or the second yarn material to thereby deform the first yarn material and/or the second yarn material and thereby form a second shape (para. [0040]).
Regarding claim 4, Tibbits teaches the first yarn material and the second yarn material are braided together (para. [0003]-[0005]).
Regarding claim 5, Tibbits teaches the thermal load causes the first yarn material to expand (para. [0034]).
Regarding claim 6, Tibbits teaches the thermal load causes the first yarn material to contract (para. [0034]).
Regarding claim 9, Tibbits teaches the active fiber is a synthetic material (para. [0034]).
Regarding claim 10, Tibbits teaches the active fiber comprises one of rayon, acrylic, nylon, or polymer (para. [0034]).
Regarding claim 13, Tibbits teaches removing the thermal load to thereby return the knitted structure to the first shape (para. [0048], the shirt opens as the external temperature increases to actively cool the person, or closes when it is cool).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Tibbits (US 2018/0195213), as applied to claim 1 above, and further in view of Huffa (US 2019/0350303).
Regarding claim 2, Tibbits does not teach the first yarn material and the second yarn material are knitted together using purl stitches.
However, in the same field of endeavor, Huffa teaches the first yarn material and the second yarn material are knitted together using purl stitches (para. [0073]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Tibbits with purl stitches as taught by Huffa for the benefit of providing knitting designs with aesthetic preferences which suit different user’s needs.
Claims 3, 7-8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tibbits (US 2018/0195213), as applied to claim 1 above, and further in view of Tibbits (US 2021/0310162)(hereinafter Tibbits’162).
Regarding claim 3, Tibbits does not teach the first yarn material and the second yarn material are knitted together using plain stitches.
However, in the same field of endeavor, Tibbits’162 teaches the first yarn material and the second yarn material are knitted together using plain stitches (fig. 13C, para. [0042], plain stitches 130).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Tibbits with the teaching that the first yarn material and the second yarn material are knitted together using plain stitches as taught by Tibbits’162 for the benefit of providing knitting designs with aesthetic preferences which suit different user’s needs.
Regarding claim 7, Tibbits does not teach the first yarn material comprises natural material.
However, Tibbits’162 teaches the first yarn material comprises natural material (para. [0030]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Tibbits with the teaching that the first yarn material comprises natural material as taught by Tibbits’162 for the benefit of providing a thermal and/or moisture-based response to an environmental change (Tibbits’ 162).
Regarding claim 8, Tibbits does not teach the first yarn material comprises one of wool, cashmere, alpaca, cotton, liner or bamboo.
However, Tibbits’162 teaches the first yarn material comprises one of wool, cashmere, alpaca, cotton, liner or bamboo (para. [0030]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Tibbits with the teaching that the first yarn material comprises one of wool, cashmere, alpaca, cotton, liner or bamboo as taught by Tibbits’162 for the benefit of providing a thermal and/or moisture-based response to an environmental change (Tibbits’ 162).
Regarding claim 11, Tibbits does not clearly teach the first yarn material comprises twisted and coiled nylon fibers.
However, Tibbits’162 teaches the first yarn material comprises twisted and coiled nylon fibers (para. [0030]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Tibbits with the teaching that the first yarn material comprises twisted and coiled nylon fibers as taught by Tibbits’162 for the benefit of providing a thermal and/or moisture-based response to an environmental change (Tibbits’ 162).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tibbits (US 2018/0195213), as applied to claim 1 above, and further in view of Huffa (US 2019/0344477) (hereinafter Huffa’477).
Regarding claim 12, Tibbits does not teach applying a resin to the three-dimensional shape to thereby lock the knitted structure in the second shape.
However, in the same field of endeavor, Huffa’477 teaches applying a resin to the three-dimensional shape to thereby lock the knitted structure in the second shape (abstract, para. [0065]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Tibbits with the teaching that applying a resin to the three-dimensional shape to thereby lock the knitted structure in the second shape as taught by Huffa’477 for the benefit of creating three-dimensional interlocking and multilayered reinforcing fabrications (Huffa’477, para. [0065]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UYEN THI THAO NGUYEN whose telephone number is (571)272-8370. The examiner can normally be reached Monday-Friday 9 AM-6 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/UYEN T NGUYEN/Primary Examiner, Art Unit 3732
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