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 .
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.
Claims 1 and 4-11 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.
Claim 1 recites “the a first fiber yarn” in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “the second fiber yarns” in line 22. There is insufficient antecedent basis for this limitation in the claim. It is unclear that there is one second fiber yarn or plurality of second fiber yarns?
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
Claim Rejections - 35 USC § 103
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 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.
Claims 1, 4 and 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over O’Dell (US 6533066) in view of KR101237196 (hereinafter KR’196) and Chang (US 6283167).
Regarding claim 1, O’Dell teaches a method for manufacturing a shock-absorbing lanyard (fig. 25B, abstract) for easy length adjustment of partially oriented yarn (POY) (column 4, lines 15-18), comprising:
(a) weaving a safety tube band (fig. 3, column 1, lines 45-50) which is a tube fabric woven (column 4, lines 13-14) using fiber yarn (fig. 25B, column 1, lines 50-51) and elastic yarn (fig. 25B, elastic yarns 87), and placing a core material (fig. 25B, column 7, line 18, POY fibers 36) in the safety tube band at the same time, wherein the core material is made of plurality of POY (fig. 25B, line 18, POY fibers 36) and stretches in a longitudinal direction to absorb shock (column 1, lines 55-56);
(b) adjusting a length of the core material after weaving the safety tube band (column 4, lines 15-18); and
(c) combining the safety tube band with the core material to form a combination (fig. 25B, abstract).
wherein the safety tube band includes:
a first end portion (fig. 5, column 4, lines 10-17, end section 26) which is the tube fabric produced by weaving a first fiber yarn and an elastic yarn as warp (fig. 25B, fibers 80, 81, 82, 83, and elastic yarn 87 are warp yarns) and a second fiber yarn as weft (fig. 25B, weft yarns 1-8) and is flat in the longitudinal direction (fig. 5, column 4, lines 10-17);
a central portion (fig. 5, a tubular weave section 32) which is the tube fabric produced by weaving the first fiber yarn as warp and the second fiber yarn as weft and the elastic yarn as warp woven with the second fiber yarn (fig. 25B) and as core yarn (fig. 25B, elastic yarn 87 is provided at core material) woven without the second fiber yarn, repeatedly arranged at a predetermined interval (column 7, lines 12-13), and is extended from the first end portion and corrugated in the longitudinal direction (fig. 25B); and
a second end portion (fig. 4, opposite end 38) which is the tube fabric produced by weaving the first fiber yarn and the elastic yarn as warp and the second fiber yarn as weft (fig. 25B), and is extended from the central portion and flat in the longitudinal direction (column 4, lines 5-22), and
wherein the step (a) comprises continuously weaving the first end portion, the central portion and the second end portion of the safety tube band in a sequential order (fig. 5).
wherein the elastic yarn which forms the central portion of the safety tube band includes:
a first elastic yarn (fig. 25B, elastic yarn 87) as warp which is woven over a second fiber yarn (O’Dell, fig. 25B, pick 5) as weft disposed and continuously arranged in an upper fabric of the tube fabric which forms the safety tube band and interposed between the upper fabric and a lower fabric of the tube fabric which forms the safety tube band to a predetermined distance, wherein this process is repeatedly performed (annotated O’Dell fig. 25B below); and
a second elastic yarn (fig. 25B, elastic yarn 87) as warp which is woven under the plurality of the second fiber yarns (fig. 25B, picks 8, 10, 12) as weft disposed and continuously arranged in the lower fabric of the tube fabric which forms the safety tube band and interposed between the upper fabric and the lower fabric of the tube fabric which forms the safety tube band to the predetermined distance, wherein this process is repeatedly performed (annotated O’Dell fig. 25B below).
O’Dell does not clearly teach the elastic yarns is rubber yarns.
However, in the same field of endeavor, KR’196 teaches weaving a safety tube band which is a tube fabric woven using rubber yarns (figs. 4-6, warp yarns 204 are rubber yarns).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to modify the elastic yarns of O’Dell with rubber yarns as taught by KR’196 for the benefit of providing elasticity in the upper and lower fabrics of the weaving tube band (KR’196, summary of the invention).
The modified method O’Dell-KR’196 does not clearly teach the first rubber yarn is woven over a plurality of the fiber yarns.
However, in the same field of making a tubular woven fabric woven from warp yarns and weft yarns, Chang teaches the warp yarn (fig. 3, waft yarn 22) is woven over a plurality of fiber yarns (fig. 3, weft yarn 24, column 4, lines 12-20); the warp yarn can be elastic (column 4, lines 12-20).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified method O’Dell-KR’196 with the teaching that the elastic warp yarn is woven over a plurality of the fiber yarns as taught by Chang for the benefit of providing a greater flexibility, stretchability to the tubular woven fabric in comparison with plain weave (1x1 weave).
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Regarding claim 4, the modified method O’Dell-KR’196-Chang teaches does not teach the first rubber yarn is woven over two to four second fiber yarns as weft, and wherein the second rubber yarn is woven under two to four fiber yarns as weft.
However, Chang teaches the first elastic yarn (fig. 3, waft yarn 22) is woven over two to four fiber yarns as weft, and wherein the second elastic yarn (fig. 3, waft yarn 22) is woven under two to four fiber yarns as weft (fig. 3, column 4, lines 12-20).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified method O’Dell-KR’196-Chang with the teaching that the first elastic yarn is woven over two to four fiber yarns as weft, and wherein the second elastic yarn is woven under two to four fiber yarns as weft as taught by Chang for the benefit of providing a greater flexibility to the tubular woven fabric.
Regarding claim 6, the modified method O’Dell-KR’196-Chang teaches the first rubber yarn and the second rubber yarn are the core yarn interposed between the upper fabric and the lower fabric to the distance corresponding to an interval (O’Dell, fig. 25B).
The modified method O’Dell-KR’196-Chang does not teach the interval is between ten to fifteen second fiber yarns as weft.
However, KR’196 teaches the interval is between ten to fifteen fiber yarns as weft (machine translation, para. [0030], the slope 204 is between 6 picks (weft in transverse direction) and 24 picks).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified method O’Dell-KR’196-Chang with the interval is between ten to fifteen second fiber yarns as weft as taught by KR’196 for the benefit of providing wrinkles in the tube fabric so that the worker who wears the belt can perform the work activity conveniently at work (KR’196, machine translation, para. [0027]).
Regarding claim 7, the modified method O’Dell-KR’196-Chang teaches a first position and a second position repeat in an alternating manner along the longitudinal direction, the first position at which the first rubber yarn is woven over a fiber yarn as weft disposed in the upper fabric, and the second position at which the second rubber yarn is woven under a fiber yarn as weft disposed in the lower fabric (O’Dell, fig. 25B).
The modified method O’Dell-KR’196-Chang does not teach the first rubber yarn is woven over the plurality of second fiber yarns and the second rubber yarn is woven under the plurality of second fiber yarns.
However, Chang teaches the first warp yarn (fig. 3, waft yarn 22) is woven over a plurality of fiber yarns (fig. 3, weft yarn 24, column 4, lines 12-20) in the upper fabric; the second warp yarn is woven under the plurality of fiber yarns in the lower fabric (fig. 3) and the warp yarn can be elastic (column 4, lines 12-20).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified method O’Dell-KR’196-Chang with the teaching that the first elastic warp yarn is woven over a plurality of second fiber yarns in the upper fabric and the second elastic warp yarn is woven under the plurality of second fiber yarns in the lower fabric as taught by Chang for the benefit of providing a greater flexibility and stretchability to the tubular woven fabric in comparison with plain weave (1x1 weave).
Regarding claim 8, the modified method O’Dell-KR’196-Chang teaches the first end portion and the second end portion of the safety tube band are flat woven (O’Dell, fig. 5) by:
repeatedly weaving the first rubber yarn which forms the upper fabric with the second fiber yarn as weft disposed in the upper fabric in an alternating manner (O’Dell, fig. 25B), and
extending the second rubber yarn which forms the lower fabric and repeatedly weaving the second rubber yarn with the second fiber yarn as weft disposed in the lower fabric in an alternating manner (O’Dell; fig. 25B).
Regarding claim 9, the modified method O’Dell-KR’196-Chang teaches the step (a) comprises weaving a first end portion of the plurality of POY of the core material with the first end portion of the safety tube band, and continuously weaving the central portion and the second end portion of the safety tube band in a sequential order, wherein the plurality of POY is arranged in parallel in the longitudinal direction inside the central portion and the second end portion of the safety tube band, and an end of a second end portion of the plurality of POY is disposed outside of the second end portion of the safety tube band (O’Dell, figs. 3-5, column 5, lines 13-48).
Regarding claim 10, the modified method O’Dell-KR’196-Chang teaches the step (b) comprises pulling the end of the second end portion of the plurality of POY out of the second end portion of the safety tube band, and cutting the second end portion of the plurality of POY so that a length of the safety tube band is longer than a total stretched length of the plurality of POY (O’Dell, column 5, lines 13-48).
Regarding claim 11, the modified method O’Dell-KR’196-Chang teaches the step (c) comprises sewing the second end portion of the safety tube band and the second end portion of the plurality of POY to form the combination (O’Dell, column 5, lines 13-48).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over O’Dell (US 6533066), KR101237196 and Chang (US 6283167), as applied to claim 1 above, and further in view of KR101797672 (hereinafter KR’672).
Regarding claim 5, the modified method O’Dell-KR’196-Chang does not clearly teach three to eight first fiber yarns arranged in parallel in the longitudinal direction form a set of fiber yarns, and wherein one or two first rubber yarns or second rubber yarns are repeatedly arranged in parallel between the sets of fiber yarns.
However, in the same field of endeavor, KR’672 teaches three to eight fiber yarns (fig. 4, yarns 110) arranged in parallel in the longitudinal direction form a set of fiber yarns, and wherein one or two first rubber yarns or second rubber yarns (fig. 4, yarns 155) are repeatedly arranged in parallel between the sets of fiber yarns (fig. 4).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified method O’Dell-KR’196-Chang with the teaching that one or two first rubber yarns or second rubber yarns are repeatedly arranged in parallel between the sets of fiber yarns as taught by KR’672 so that the tubular woven fabric can have both elasticity from the elastic yarn and abrasion resistance from high-strength fiber yarns.
Response to Arguments
Applicant’s arguments, dated 05/12/2026, with respect to the rejection of claims under 35 U.S.C 112 (b) have been fully considered and are persuasive. The rejection to the claims has been withdrawn due to the applicant amendments.
Applicant’s arguments, dated 05/12/2026, with respect to the rejections of claims under 35 U.S.C 103 have been fully considered but they are not persuasive.
The Applicant argued that Chang relates to a weaving method for a flat fabric structure, the method cannot be applied to weaving a corrugated tube fabric structure (remarks, page 8, last para., page 9, first para.).
In response, the arguments are not persuasive because Chang teaches a weaving method for a tubular structure (figs. 2-3; column 3, lines 24-27, “the top and bottom layers 18, 20 are formed simultaneously so that the woven outer webbing 14 is formed with a tubular shape”; and claim 4 recites “the outer webbing comprises a woven tube”).
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 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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/UYEN T NGUYEN/Primary Examiner, Art Unit 3732
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