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 .
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.
Claims 1-4, 8-12 and 14-21 are rejected under 35 U.S.C. 103 as being unpatentable over Chatham et al. (PG Pub. 2020/0283935) in view of Alex et al. (PG Pub. 2017/0198424).
Regarding claim 1, Chatham et al. teach a fabric based item comprising a layer of fabric (12) comprising strands of material wherein each of the strands include an interior yarn and exterior yarn that surrounds the interior yarn [0058]. The layer of fabric has first portions and second portions wherein the extruded strands of the first portions have some of the exterior yarn removed to expose the interior yarn [0058] and extruded strands in the second portion have the exterior yarn fully surrounding the interior yarn [0058]. The interior yarn is conductive and the exterior yarn is insulating [0058]. Second portions of the fabric layer (pocket formed) surround the first portions to form opening. External equipment (such as item 18 described in 0063) configured to electrically connect the conductive interior yarn through the openings.
Regarding claims 2-4, Chatham et al. are silent regarding the claimed interior yarn is a first color and the exterior yarn is a second color that is different than the first color and the layer of fabric exhibits a first color in the first portions and a second color in the second portions and the first portions form a logo or text. However, Alex et al. teach the interior yarn is a first color and the exterior yarn is a second color that is different than the first color and the layer of fabric exhibits a first color in the first portions and a second color in the second portions and the first portions form a logo or text [0121, 0162 and Fig. 18] in order to provide aesthetic and functional characteristics and provide decoration [0094]. It would have been obvious to one of ordinary skill in the art to use the interior yarn first color and exterior yarn second color and the layer of fabric exhibits a first color in the first portions and a second color in the second portions of Alex et al. in Chatham et al. in order to provide aesthetic and functional characteristics and provide decoration and arrive at the claimed invention.
Regarding claim 8, Chatham et al. teach the interior yarn is metal and the exterior is insulating, but is silent regarding the metal being magnetic. However, Alex et al. teach magnetic yarns used for its change to response to a magnetic stimulus. It would have been obvious to one of ordinary skill in the art to use the magnetic yarn of Alex et al. in Chatham et al. because of its change to response to a magnetic stimulus an arrive at the claimed invention.
Regarding claims 9 and 11, Chatham et alare silent regarding the specifics of the interior and exterior yarns in claim 9. However, Alex et al. teach a thermoreactive (adhesive) interior yarn including polyurethane and an exterior yarn free of adhesive in order to provide functionally different properties for the interior yarn and exterior yarn [0094]. It would have been obvious to one of ordinary skill in the art to use the thermoreactive (adhesive) interior yarn and an exterior yarn free of adhesive of Alex et al. in Chatham et al. in order to provide functionally different properties for the interior yarn and exterior yarn an arrive at the claimed invention.
Regarding claim 10, the limitations of claim 10 are taught as set forth above in the rejection of claim 1 and fully incorporated herein by reference.
Regarding claim 12, Chatham et al. are silent regarding the claimed first material with first reflectivity and second material with second reflectivity. However, Alex et al. teach interior yarn with a first material with first reflectivity and exterior yarn with a second material with second reflectivity that is different from the first reflectivity in order to create varying aesthetic and functional properties among the interior and exterior yarns [0094]. It would have been obvious to one of ordinary skill in the art to use the interior yarn with a first material with first reflectivity and exterior yarn with a second material with second reflectivity that is different from the first reflectivity of Alex et al. in Chatham et al. in order to create varying aesthetic and functional properties among the interior and exterior yarns and arrive at the claimed invention.
Regarding claim 14, Chatham et al. teach an additional layer of fabric [0066], but is silent regarding the layer forming a tag. However, Alex et al. teach an additional fabric layer and the layer of fabric forms a tag that is attached to the additional layer of fabric in order to provide a tag element with image in a location on the fabric [0157-0165 and Fig. 25]. It would have been obvious to one of ordinary skill in the art to use the tag of Alex et al. in Chatham et al. in order to provide a tag element with image in a location on the fabric and arrive at the claimed invention.
Regarding claim 16, Chatham et al. are silent regarding the exterior yarn being configured to gradually wear down over time. However, Alex et al. teach varying the properties of the interior yarn and exterior yarn and teach properties including treatments with coatings on the exterior yarn and such coating would wear overtime and therefore the yarn is considered to be configured to wear down gradually over time to expose additional portion of the interior yarn in order to vary and tailor the properties of the interior and exterior yarn to affect fabric functionality and aesthetics. Further, it would have been obvious to one of ordinary skill in the art to have the exterior yarn to gradually wears over time and have the interior yarn with backup properties that would also be beneficial in order to provide a long lasting fabric and arrive at the claimed invention. It would have been obvious to one of ordinary skill in the art to use the teachings of Alex et al. in order to vary the aesthetic and functional properties of the exterior yarn and interior yarn including configuring to gradually wear over time and arrive at the claimed invention.
Regarding claim 17, Chatham et al. teach a fabric comprising a layer of intertwined (woven) strands of material having first and second areas (can be construed as areas outside the pocket and areas inside the pocket, but not limited to these areas). Each of the strands of material comprises a core layer (interior yarn) surrounded by an exterior layer (exterior yarn) and wherein some of the exterior layer is removed to expose portions of the core layer and second areas of the fabric surround first areas of the fabric to form openings (pockets) and wherein external equipment (such as item 18 described in 0063) is configured to attach to the core layer through the opening [0058]. Chatham et al. are silent regarding the claimed core being adhesive. However, Alex et al. teach a thermoreactive (adhesive) interior yarn including polyurethane and an exterior yarn free of adhesive in order to provide functionally different properties for the interior yarn and exterior yarn [0094]. It would have been obvious to one of ordinary skill in the art to use the thermoreactive (adhesive) interior yarn and an exterior yarn free of adhesive of Alex et al. in Chatham et al. in order to provide functionally different properties for the interior yarn and exterior yarn an arrive at the claimed invention.
Regarding claims 18-19, Chatham et al. are silent regarding the claimed interior yarn is a first color and the exterior yarn is a second color that is different than the first color and the layer of fabric exhibits a first color in the first portions and a second color in the second portions and the first portions form a logo or text. However, Alex et al. teach the interior yarn is a first color and the exterior yarn is a second color that is different than the first color and the layer of fabric exhibits a first color in the first portions and a second color in the second portions and the first portions form a logo or text [0121, 0162 and Fig. 18] in order to provide aesthetic and functional characteristics and provide decoration [0094]. It would have been obvious to one of ordinary skill in the art to use the interior yarn first color and exterior yarn second color and the layer of fabric exhibits a first color in the first portions and a second color in the second portions of Alex et al. in Chatham et al. in order to provide aesthetic and functional characteristics and provide decoration and arrive at the claimed invention.
Regarding claims 20-21, Chatham et al. teach an apparatus comprising fabric comprising strands of material wherein each of the strands includes a core and an exterior layer that surrounds the core and wherein the core has a first property and the exterior layer has a second property that is different than the first property (core is taught as possibly metal and the exterior as plastic and therefore conductivity is taught as the property) and wherein portions of the exterior layer is removed to expose portions of the core having the first property [0058]. The core is conductive and the exterior layer is insulating [0058]. Second portions of the fabric (the fabric portions surrounding the pocket) surround first portions of the fabric to form openings (pockets) and wherein an additional conductive yar included in the fabric is configured to electrically connect to the conductive core layer through the opening [0082 and Fig. 35].
Regarding claim 15, Chatham et al. are silent regarding the claimed additional yarn. However, Alex et al. teach the extruded strand includes an additional yarn (two or more yarns) and teaches all of the yarns can be different colors, but is silent regarding the additional yarn being interposed between the interior yarn and the exterior yarn. However, given the limited number of location for the additional yarn it would have been obvious to one of ordinary skill in the art to arrive at the additional yarn being interposed between the interior yarn and the exterior yarn and to place it there to control location of that color yarn and/or yarn location with its properties and arrive at the claimed invention. [0093]. It would have been obvious to one of ordinary skill in the art to use the additional yarn of Alex et al. in Chatham et al. in order to
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chatham et al. (PG Pub. 2020/0283935) in view of Alex et al. (PG Pub. 2017/0198424) in view of Fouche Jr et al. (US Pat. 4,187,332).
Regarding claim 13, Chatham et al. are silent regarding the claimed glass beads. However, Alex et al. teach the interior yarn or exterior yarn can have a greater reflectivity and therefore teaches the first reflectivity is greater than the second reflectivity as set forth above and Fouche Jr. teaches glass beads to improve reflectivity. Therefore, it would have been obvious to one of ordinary skill in the art to use the glass beads of Fouche et al. in the interior yarn of the previous combination to provide greater reflectivity than the second reflectivity and arrive at the claimed invention.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the Chatham teaches the newly amended limitations of “external equipment is configured to electrically connect to the conductive interior yarn…”. Applicant is invited to amend the claims over the cited art.
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.
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/Shawn Mckinnon/Examiner, Art Unit 1789