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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 and 12-14 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 is indefinite as it recites the stitch density of the front layer as “11,000 to 21,000”, however no units have been provided.
The specification in various locations, such as paragraph 11, similarly describes the density without any units. The specification (see ¶0017) defines “stitch density M” with a formula: M = N × √D where N is the number of stitches in the front layer knitted fabric per 2.54 cm² (6.45 cm²), and D is the total fineness (decitex) of the multifilament yarn forming one stitch. Thus, the claimed “stitch density” is a dimensioned value calculated by multiplying a count per area by the square root of a mass-per-length value (decitex), resulting in a derived unit (stitches per 2.54 cm² × √(decitex)). The specification uses the variable “M” for this, but the claim does not specify units or the formula.
As such, in the claim, the absence of units or a formula in the claim itself renders the scope ambiguous, as “stitch density” could refer to several different industry measures (stitches per inch, per cm, per area, etc.), and the numerical range (11,000–21,000) does not correspond to a standard measure. As written, claim 11 is not fully clear on its own regarding the meaning and units of “stitch density.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Conclusion
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/DAVID R DUNN/ Supervisory Patent Examiner, Art Unit 3636
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