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 .
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The preliminary amendment was filed 2/28/24 and does not form part of the original disclosure which was filed 11/21/23.
The specification as originally filed does not provide support for the limitations regarding the perimeter and the first and second surfaces of the perimeter, or the first and second yarn types and their location.
Since the claims include limitations which are not present in the original disclosure or the disclosure of the parent applications, the effective filing date of the instant application is 11/21/23.
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 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.
Claim(s) 2-4, 6, 14, 15-16, 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perera et al, U.S. Patent Application Publication No. 2019/0365001.
Perera discloses a knit textile having first and second portions. The knit textile comprises a first and second surface opposite the first surface, wherein the first surface comprises a plurality of cells, wherein each cell comprises a perimeter comprising a first percentage of a first yarn type and also a second yarn type, and a central region enclosed within the perimeter, the central region comprising the second yarn type and a second percentage of the first yarn type. The first cell and second cell have a least one common portion of the perimeter. See claims 1 and 2. The perimeter of each cell is interconnected with the other cells throughout the textile. See figures. The first yarn type can be polyester, (polyethylene terephthalate), and the second yarn type can be polyamide. See paragraph 0016. The cells can be hexagonal. See paragraph 0041 and figures. The structure is permeable to air. See paragraph 0016. The central portions are more permeable than the perimeter, therefore the perimeter is more densely stitched than the central portion. The textile has a first surface and a second surface opposite the first surface, wherein the first surface comprises a plurality of cells, each cell comprising a perimeter comprising a first percentage by weight of a first yarn type and a second yarn type, wherein the plurality of cells further comprises a central region enclosed within the perimeter, wherein the central region comprising the second yarn type and a second percentage by weight of the first yarn type, wherein the second percentage by weight of the first yarn type is less than the first percentage by weight of the first yarn type. The first and second portions integrally extend from one another. See paragraphs 0019, 0020. The construction can be a single knit. See paragraph 0032. The first yarn can have a denier of 30-100 and the second yarn has a denier of from about 23-43 denier. See paragraph 0035. The structure can be made by circular knitting. See paragraph 0043.
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 2-6, 14, 15-17, 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perera et al, U.S. Patent Application Publication No. 2019/0365001.
Perera discloses a knit textile having first and second portions. The knit textile comprises a first and second surface opposite the first surface, wherein the first surface comprises a plurality of cells, wherein each cell comprises a perimeter comprising a first percentage of a first yarn type and also a second yarn type, and a central region enclosed within the perimeter, the central region comprising the second yarn type and a second percentage of the first yarn type. The first cell and second cell have a least one common portion of the perimeter. See claims 1 and 2. The perimeter of each cell is interconnected with the other cells throughout the textile. See figures.
The first yarn type can be polyester, (polyethylene terephthalate), and the second yarn type can be polyamide. See paragraph 0016. The cells can be hexagonal. See paragraph 0041 and figures. The structure is permeable to air. See paragraph 0016. The central portions are more permeable than the perimeter, therefore the perimeter is more densely stitched than the central portion. The textile has a first surface and a second surface opposite the first surface, wherein the first surface comprises a plurality of cells, each cell comprising a perimeter comprising a first percentage by weight of a first yarn type and a second yarn type, wherein the plurality of cells further comprises a central region enclosed within the perimeter, wherein the central region comprising the second yarn type and a second percentage by weight of the first yarn type, wherein the second percentage by weight of the first yarn type is less than the first percentage by weight of the first yarn type. The first and second portions integrally extend from one another. See paragraphs 0019, 0020. The construction can be a single knit. See paragraph 0032. The first yarn can have a denier of 30-100 and the second yarn has a denier of from about 23-43 denier. See paragraph 0035. The structure can be made by circular knitting. See paragraph 0043.
Perera differs from the claimed invention because it does not disclose the particularly claimed open area or the use of jacquard knitting.
However, it would have been obvious to have selected the open area in the fabric as well as the particular type of known and conventional knitting which provided a knit fabric having the desired opacity, air permeability and appearance.
Claim(s) 5, 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perera et al, U.S. Patent Application Publication No. 2019/0365001 in view of DE20207797U1.
Perera discloses a knit structure as set forth above.
Perera differs from the claimed invention because it does not disclose the claimed third fiber
However, DE ‘797 teaches a knit cooling fabric including zones including multiple types of yarns as well as stitching to form a plurality of cells. DE ‘797 teaches employing polyamide, polyester as well as additional yarns such as spandex or polypropylene as a third yarn. See paragraphs 0035, 0109.
Therefore, it would have been obvious to have employed additional yarns in the structure of Perera in order to provide improved properties such as elasticity, strength, moisture transport, to the knitted fabric.
With regard to the particularly claimed deniers of the yarns, it would have been obvious to have selected the deniers of each of the yarns which provided the desired weight, strength and porosity to the knit fabric.
Applicant's arguments filed 5/13/26 have been fully considered but they are not persuasive.
Applicant argues that the specification either implicitly or explicitly discloses a perimeter. However, the specification does not provide support for the limitations regarding the perimeter, the first and second surfaces of the perimeter and the location of the first and second yarns and the type of yarns and the second yarn having a denier of less than 100.
Initially, it is noted that while it is correct that it is not necessary that the same words be present in the specification in order for there to be support, the rejection is not based on the lack of identical wording, but the lack of sufficient disclosure related to the particular limitations regarding the perimeter in the claims.
With regard to the perimeter, Applicant points to the fact that the specification discloses cells and cell walls and that a perimeter would necessarily be present as a boundary. However, first, that there is a perimeter necessarily present is not the same as the specification providing support for the particular perimeter as claimed, which is recited as having particular types and amounts of yarns, as well as particular first and second surfaces. The specification does not point to a perimeter and show where is it relative to the cells and cell walls. Is it between the cells and cell walls or is it the same as the cell wall. Further, the specification is silent as to the position of the first and second surface. While Applicant argues that the first and second surface would be the planar surfaces, i.e., the front and back of the knit fabric, the perimeter would necessarily have surfaces which are not just the front and back faces of the fabric, for example, the perimeter would have surfaces which are in the z-direction relative to the planar surfaces, facing the part of the fabric which is between the first and second surfaces. With regard to the yarns, the specification does not provide support for the limitations regarding the first and second surface of the perimeter of each cell of the plurality of cells comprising the first and second yarn type. The figures do not show that the first and second yarn types are present throughout the cell walls. Similarly, the figures do not show that the perimeter is formed from each of the first and second type of yarns , because it does not show the yarn per se but shows discreet positions of the yarn. The specification does not teach that the yarn is plied or combined.
Applicant’s amendment to claim 6 has overcome the 112 rejection of claim 6.
The other 1 112 rejections are maintained and therefore the art rejections are maintained for the reasons of record.
THIS ACTION IS MADE FINAL. 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 ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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