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 .
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.
Claim(s) 3-4, 12-13, 18-20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartmanns et al, U.S. Patent No. 5,399,418 in view of DE102005030651A1 and Schaffer, U.S. Patent Application Publication No. 2019/0167462.
Hartmanns discloses a three or more layer knitted fabric wherein all the layers are interconnected by threads, wherein the structure is useful as a space suit, wherein the composition of the layers can be varied to provide different properties to different layers. See col. 1, lines 52-6, col. 7, lines 20-61.
Hartmanns differs from the claimed invention because it does not disclose forming compartments and incorporating electronic devices into the compartments.
However, DE ‘651 teaches a knit spacer fabric comprising a first layer and a second layer wherein the two layers are combined to form pockets between the layers which can be filled with various different components including electronic devices. See Derwent abstract and attached machine translation.
Therefore, it would have been obvious to have formed pockets or compartments between the two knitted layers in Hartmanns and to have incorporated electronic components/devices into the compartments in order to provide additional functions to the garment of Hartmanns.
Hartmanns differs from the claimed invention because it does not disclose that the garment comprises different compression zones and does not disclose the type of knitting machine which is used to form the knitted structure or the claimed types of fasteners.
However, Schaffer discloses a knitted structure wherein the knit in a garment is varied in order to provide increased compression in certain areas of the knit. See paragraph 0010-0014, 0016. The increased compression can be provided by the tightness of the stitches and/or the particular types of threads which are used. See paragraph 0016. The knit is formed on a flat knitting machine. See paragraph 0016.
Therefore, it would have been obvious to one of ordinary skill in the art to have employed a varied knit structure in the garment of Hartmanns as taught by Schaffer in order to provide different zones of compression within the knitted structure to improve the fit, comfort and properties of the garment and to have used a known and conventional type of knitting machine to knit the structure as taught by Schaffer.
With regard to the particularly recited zones, the presence of the intermediate layers would at least provide two or more materials because the intermediate layer joins the outer layers and would also necessarily provide mobility to the structure because of the connection of the layers into a whole and would provide padding to the structure.
With regard to the particularly claimed fasteners, it would have been obvious to one of ordinary skill in the art to have provided known fasteners to fasten the garment of Hartmanns including using hooks and loops.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartmanns in view of DE’651 and Schaffer as applied to claims above, and further in view of Cadogan, U.S. Patent Application Publication No. 2008/0060101.
Hartmanns in view of DE ‘651 and Schaffer disclose a garment which can be a space suit but fails to disclose employing fastening elements.
However, Cadogan discloses at paragraph 0022 that it was customary to provide various known fastening elements including zippers, hook and loop fasteners, snaps, elastic, overlaps and hardware to aid in doffing and donning spacesuits.
Therefore, it would have been obvious to one of ordinary skill in the art to have provided known fasteners to fasten the garment of Hartmanns including using hooks and loops.
Claim(s) 2, 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartmanns et al, U.S. Patent No. 5,399,418 in view of DE102005030651A1 and Schaffer, U.S. Patent Application Publication No. 2019/0167462 as applied to claims above, and further in view of Lee, U.S. Patent Application Publication No. 2013/0295812.
Hartmanns differs from the claimed invention because it does not clearly disclose the type of stitches joining the layers and does not clearly disclose employing an elastic yarn.
However, Lee discloses a first knit layer and a second knit layer where the two layers are joined to each other by an intermediate third layer of tuck stitches. See abstract. The layers are knitted together on a flatbed knitting machine. See paragraph 0002. The fabric has a front side and a back side. See paragraph 0005. The front side includes a second jersey stitch formed from a strand selected from the group consisting of continuous strands of bare rubber and continuous strands of non-elastic material See paragraph 0005. The back side includes a third jersey stitch formed from a strand selected from the group consisting of continuous strands of bare rubber and continuous strands of non-elastic material. See paragraph 0005. The non-elastic strands can be polypropylene. See paragraph 0028. The yarns can have a denier of 100-300 denier. See paragraph 0028. The yarns can be two different materials and the layers can be made from different yarns. See paragraph 0029. The knitted structure can be used to form garments, military uniforms, or athletic and medical wraps.
Therefore, it would have been obvious to have employed tuck stitches and an elastic yarn to form the garments and uniforms of Hartmanns in order to provide garments which include elastic yarns to provide improved conformability, stretch, recovery and comfort and to have used known knitting connections such as tuck stitches in view of their art recognized suitability for connecting knit structures in garments.
Claim(s) 5-7, 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartmanns et al, U.S. Patent No. 5,399,418 in view of DE102005030651A1 and Schaffer, U.S. Patent Application Publication No. 2019/0167462 as applied to claims above, and further in view of Zhang et al, U.S. Patent Application Publication No. 2011/0162126.
Hartmanns differs from the claimed invention because it does not disclose it does not disclose employing different materials in different layers or providing different yarn types and thicknesses in different layers, which will produce different layer thicknesses.
However, Zhang discloses a knit fabric having three knit layers which are all knitted together in a single process. See abstract. Each of the three layers can be made from different types of yarn to provide each layer with different attributes. See paragraph 0008. Zhang teaches selecting the yarn type, denier, diameter, color, texture, thermal properties, abrasion resistance and physical properties as well as knit stitches and stitch densities to provide the desired functional and/or aesthetic properties to the fabric. See paragraph 0024. Suitable yarns include, polyester, (PET), nylon (polyamide), polypropylene, ceramic and bicomponent yarns. See paragraph 0025.
Therefore, it would have been obvious to one of ordinary skill in the art to have selected the particular thickness of each layer and the particular materials used in order to provide the desired functional and/or aesthetic properties to the garment of Hartman as taught by Zhang.
Applicant's arguments filed 10/27/25 have been fully considered but they are not persuasive.
With regard to the combination of Hartmanns in view of Schaffer, Applicant argues that one of ordinary skill in the art would not have looked to combine the areas of increased compression disclosed in Schaffer into the textile fabric of Hartmanns. However, Hartmanns already seeks to produce a garment which has different properties in different areas such as gradient characteristics. See, for example, col. 2, line 62 – col. 3, line 3. Additionally, both references relate to garments which are formed from knitted fabrics. Thus, one of ordinary skill in the art seeking to provide gradient characteristics to the knitted structure of Hartmanns would have considered the teachings of Schaffer regarding how to provide gradient compression in a knitted structure.
With regard to the combination of Zhang and Hartmanns, Applicant argues that Zhang does not disclose an intermediate layer. However, Hartmanns already teaches the intermediate layer. Zhang is relied on for the teaching of varying materials and yarns to provide different properties to each of the layers.
With regard to closing mechanisms, Applicant argues that it is not obvious to employ a first closing mechanism and a second closing mechanism in a space suit. However, as shown by Cadogan, U.S. Patent Application Publication No. 2008/0060101 teaches that is was customary t provide fastening elements including zipper, hook and loop fasteners, snaps, elastics, overflaps, stands and hardware to space suits in order to assist donning and doffing the garments. See paragraph 0022.
Applicant’s amendments have overcome any rejections not maintained.
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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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789