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 Group I, claims 1-13, in the reply filed on 13 October 2025 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
i. Claims 12-13, “sliding mechanism(s)”, which has been interpreted as the combination of a panel and one or more tracks, or equivalents thereof. See Applicant’s published application (paragraph 88).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 11 is objected to because of the following informalities. Appropriate correction is required.
Regarding claim 11, --of-- should be inserted after “article” to correct the grammar.
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.
Claim 13 is 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.
Regarding claim 13, intervening claim 12 recites one or more sliding mechanisms. In claim 13, it is unclear which of the one or more sliding mechanisms is being referenced by instances of “the sliding mechanism”. It is also unclear if “the sliding mechanism” should be interpreted to limit the one or more sliding mechanisms to a single sliding mechanism.
Claim Rejections - 35 USC § 102
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 and 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (TW M645298 U, referencing attached machine translation).
Regarding claim 1, Huang teaches a method of manufacturing an article of apparel (Abstract). Huang’s helmet is considered an article of apparel because it is worn by an individual. This is consistent with “apparel” as defined in paragraph 42 of Applicant’s published application. Huang teaches forming a thread layer by winding a continuous thread around a plurality of projections disposed on a support shell 121 (Figures 3-8). It is noted that the thin curved shell 121 of Huang satisfies a plate. The examiner has interpreted a plate as a thin rigid material. A plate can be curved, and the claims do not recite a flat plate. Huang further teaches the support plate comprises a winding field around which the projections are arranged and away from which the projections are tilted (Figures 3-5). Here the projections 122b are clearly tilted away from a winding field above these projections. The projections 122a of Huang are also tilted away from the winding field which is below projections 122a. Huang further teaches the thread layer comprises a plurality of thread lines, with each thread line extending between two respective projections and across the winding field (Figures 5-8). Huang further teaches moving at least some of the projections relative to the field and removing the thread layer from the support plate after moving the at least some of the projections relative to the field (Figures 3-4; page 4, lines 17-40; page 5, lines 37-39; page 6, lines 1-4).
Regarding claims 4-9, Huang teaches these additional limitations (Figures 3-8; page 2, line 36 to page 3, line 19; page 4, lines 17-40; page 5, line 37 to page 6, line 8). The pivot points illustrated in Figure 3-4 satisfy the claimed hinges of claim 5 and a base of the support plate is satisfied by any portion of the support plate.
Regarding claim 10, Huang removes the thread layer from projections 122a before they are moved, i.e. rotated, in the next winding cycle. Huang also removes the thread layer from a subset of the projections 122b before they are moved, i.e. back into the winding position. This rather broad limitation is satisfied by Huang for either of these reasons.
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied to claims 1 and 4-10 above, and further in view of Corcoran-Tadd (US 2019/0307208 A1).
Regarding claims 2-3, Huang teaches adhesive on the thread, but does not recite bonding thread lines before removing or before moving at least some of the projections toward the field as claimed. In related art of winding thread around pins to produce a thread layer, Corcoran-Tadd suggests such bonding prior to removing, to set the thread layer pattern before it is removed (paragraphs 81, 119, 121-123 and 169). In Huang, the projections are moved for removal of the thread layer. Accordingly, such bonding would naturally occur prior to the moving the projections. Moreover, since bonding sets the thread layer pattern, failure to bond before moving the projections would naturally disrupt the thread layer pattern because it is the projections which hold the pattern prior to stabilization with bonding. It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide these limitations in Huang because one having ordinary skill in the art would have been motivated to set the thread pattern before moving pins or removing the thread pattern from the support, as suggested by the teachings of Corcoran-Tadd for the reasons provided above.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd in view of Huang.
Regarding claim 1, Corcoran-Tadd teaches a method of manufacturing an article of apparel, the method comprising: forming a thread layer by winding a continuous thread around a plurality of projections disposed on a support plate, wherein the support plate comprises a winding field around which the projections are arranged, wherein the thread layer comprises a plurality of thread lines, with each thread line extending between two respective projections and across the winding field (Figures 3 and 13; paragraphs 5, 51, 72-74 and 106).
i. Corcoran-Tadd does not teach the projections are tilted away from the winding field.
ii. Corcoran-Tadd does not teach moving at least some of the projections relative to the field; and removing the thread layer from the support plate after moving the at least some of the projections relative to the field.
(i) In related art of forming a thread layer by winding around pins, Huang suggests this limitation to hook the thread material (page 4, lines 29-35; Figures 2-8). One of ordinary skill in the art would have appreciated that “hooking” the thread material indicates at least suitably holding it in a desired position. It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide this limitation in Corcoran-Tadd because one having ordinary skill in the art would have been motivated to suitably hold the thread material as suggested by teachings of Huang.
(ii) Huang also suggests these limitations to facilitate removing the thread layer from the support on which it is formed (page 2, line 36 to page 3, line 19; page 4, lines 17-40; page 5, line 37 to page 6, lines 4). It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide these limitations in Corcoran-Tadd because one having ordinary skill in the art would have been motivated to facilitate removal of the thread layer as suggested by the teachings of Huang.
Regarding claim 2, Corcoran-Tadd teaches such bonding prior to removing, to set the thread layer pattern before it is removed (paragraphs 81, 119, 121-123 and 169).
Regarding claim 3, in Huang, the projections are moved for removal of the thread layer. Accordingly, the above noted bonding taught by Corcoran-Tadd would naturally occur prior to the moving the projections. Moreover, since bonding sets the thread layer pattern, failure to bond before moving the projections would naturally disrupt the thread layer pattern because it is the projections which hold the pattern prior to stabilization with bonding. It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide this limitation in the modified process of Corcoran-Tadd because one having ordinary skill in the art would have been motivated to set the thread pattern before moving pins or removing the thread pattern from the support, as suggested by the teachings of Corcoran-Tadd for the reasons provided above.
Regarding claims 4-6, Huang was relied upon above for moving the projections. Huang further teaches such movement is provided by projections which are pivotably connected to the support and moved toward the field; hinges that pivotably connect the projections to a base of the support, hinges satisfied by the pivot points illustrated by Huang and a base satisfied by any portion of the support; each projection being pivotable to a base of the support plate (Figures 2-5; page 2, line 36 to page 3, line 19; page 4, lines 17-40; page 5, line 37 to page 6, lines 4). It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide these limitation in Corcoran-Tadd because one having ordinary skill in the art would have been motivated to suitably provide the projections with the ability to move to facilitate removal of the thread layer as suggested by the teachings of Huang.
Regarding claim 7, Corcoran-Tadd clearly removes the thread layer from the support plate in a direction of a removal axis, e.g. upwardly away from the plate. Tilting the projections away from the winding field as suggested by Huang above would naturally correspond to the projections extending further away from the removal axis with increasing distance from a base of the support plate as claimed.
Regarding claim 8, the claimed tilt angle is clearly reduced when pivoting the projections towards the field to facilitate removal of the thread layer as suggested by Huang above.
Regarding claim 9, Huang clearly suggests removing after pivoting the projections towards the winding field.
Regarding claim 10, Huang is applied above for suggesting movement of the projections. Huang removes the thread layer from a subset of the projections before they are moved, i.e. back into the winding position. This rather broad limitation is suggested by Huang for this reason. It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide this limitation in Corcoran-Tadd because one having ordinary skill in the art would have been motivated to move a subset of the projections back into the winding position after removing the thread layer for production of a new thread layer, as suggested by the teachings of Huang.
Claim 11 is clearly satisfied by Corcoran-Tadd.
Claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd in view of Cahuzac (US 2003/0140467 A1).
This rejection is applied to address claim 12.
Regarding claim 1, Corcoran-Tadd teaches a method of manufacturing an article of apparel, the method comprising: forming a thread layer by winding a continuous thread around a plurality of projections disposed on a support plate, wherein the support plate comprises a winding field around which the projections are arranged, wherein the thread layer comprises a plurality of thread lines, with each thread line extending between two respective projections and across the winding field (Figures 3 and 13; paragraphs 5, 51, 72-74 and 106).
i. Corcoran-Tadd does not teach the projections are tilted away from the winding field.
ii. Corcoran-Tadd does not teach moving at least some of the projections relative to the field; and removing the thread layer from the support plate after moving the at least some of the projections relative to the field.
(i) In related art of forming a thread layer by winding around pins, Cahuzac suggests this limitation to suitably hold the thread material (Figures 3-4b; paragraph 19-20). It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide this limitation in Corcoran-Tadd because one having ordinary skill in the art would have been motivated to suitably hold the thread material as suggested by teachings of Cahuzac.
(ii) Cahuzac also suggests these limitations to facilitate removing the thread layer from the support on which it is formed (paragraph 106). It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide these limitations in Corcoran-Tadd because one having ordinary skill in the art would have been motivated to facilitate removal of the thread layer as suggested by the teachings of Cahuzac.
Regarding claim 12, Cahuzac suggests a support plate which can be disassembled into its sides, the sides rotated and retracted in order remove the thread layer (paragraph 106). The support plate includes a sliding mechanism including a panel satisfied by one of the sides and track which allows the sliding illustrated in Figure 12. For example, the track is satisfied by the sides along which the sliding panel slides. The base of the support is satisfied by the panel which slides. See Cahuzac (paragraph 101). The sliding mechanism of Cahuzac allows changing the dimensions of the winding field (paragraph 101). It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide this limitation in because one having ordinary skill in the art would have been motivated to allow for changing the dimensions of the winding field as suggested by the teachings of Cahuzac.
Allowable Subject Matter
Claim 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 13, the closest prior art of record is applied above. In combination with the claimed limitations, no teaching or suggestion was found in the prior art of record to provide the additional combined limitations of claim 13. The following references are cited of general interest in the art of winding thread layers around projections.
Curinier (US 4472234)
Gunnerson (US 3649401)
Avril (US 5913994)
Rector (US 5558738)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A TOLIN whose telephone number is (571)272-8633. The examiner can normally be reached 9:30 am - 6 pm.
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/MICHAEL A TOLIN/Primary Examiner, Art Unit 1745