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 .
Applicant’s amendment and accompanying remarks filed November 13, 2025 are acknowledged.
Examiner acknowledges amended claims 1-9, 14-16 and 23-24.
The rejection of claims 3, 14-15 and 23-24 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is overcome by Applicant’s amendment.
The rejection of claims 1-6, 9-13 and 16-22 under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Zhu et al., U.S. pre Grant Publication 2003/0226612 is overcome by Applicant’s amendment.
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 1-24 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 rendered indefinite because the phrase “reinforcing ripstop ribs” lacks antecedent basis.
Claim 1 is rendered indefinite because it is unclear as to what the phrase “at regular intervals garments” refers. It is unclear as to what “garments” refer to in the claim. The term “garments” is defined as clothing; dress; clothes; apparel or attire. As written, it appears as though the term “garments” is being used in some manner to space apart the multi-filament yarns at regular intervals along the warp and weft directions. For purposes of examination, Examiner is interpreting the claim to refer to continuous multi-filament yarns spaced at regular intervals along the warp and weft directions of the reinforced fabric.
Claims 2-8 are rendered indefinite as claims 2-8 are dependent upon indefinite claim 1.
Claim 9 is rendered indefinite because the phrase “reinforcing ripstop ribs” lacks antecedent basis.
Claim 9 is rendered indefinite because it is unclear as to what the phrase “at regular intervals garments” refers. It is unclear as to what “garments” refer to in the claim. The term “garments” is defined as clothing; dress; clothes; apparel or attire. As written, it appears as though the term “garments” is being used in some manner to space apart the multi-filament yarns at regular intervals along the warp and weft directions. For purposes of examination, Examiner is interpreting the claim to refer to continuous multi-filament yarns spaced at regular intervals along the warp and weft directions of the reinforced fabric.
Claims 10-15 are rendered indefinite as claims 10-15 are dependent upon indefinite claim 9.
Claim 16 is rendered indefinite because the phrase “reinforcing ripstop ribs” lacks antecedent basis.
Claim 16 is rendered indefinite because it is unclear as to what the phrase “at regular intervals garments” refers. It is unclear as to what “garments” refer to in the claim. The term “garments” is defined as clothing; dress; clothes; apparel or attire. As written, it appears as though the term “garments” is being used in some manner to space apart the multi-filament yarns at regular intervals along the warp and weft directions. For purposes of examination, Examiner is interpreting the claim to refer to continuous multi-filament yarns spaced at regular intervals along the warp and weft directions of the reinforced fabric.
Claims 17-24 are rendered indefinite as claims 17-24 are dependent upon indefinite claim 9.
Response to Arguments
Applicant’s arguments with respect to the present claims 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'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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786