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 .
Response to Amendment
The amendment filed on 4/22/2026 has been entered.
Claim Objections
Claim 15 is objected to because of the following informality: The claim is missing a period.
Claim Rejections - 35 USC § 112
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 1 and 10-16 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.
Claim 1, the specification is silent regarding a “curly yarn woven layer” but rather discloses “curly yarn weaving.” There is no support for “curly yarn weaving” being a distinct structural woven layer. It is noted that a “woven fabric” is disclosed [0020] but this is the claimed first woven layer.
Claim 1, the specification is silent regarding a curly yarn woven layer disposed above the separating layer. The specification does not mention the “curly yarn weaving” being a layer nor does it mention the weaving being a layer located above the separating layer. It is noted that the Figure shows the “curly yarn weaving” (6) located below the separating layer (4) and nothing is shown above the separating layer (4).
Claim 1, the specification is silent regarding a “straight yarn woven layer” but rather discloses “straight yarn weaving.” There is no support for “straight yarn weaving” being a distinct structural woven layer. It is noted that a “woven fabric” is disclosed [0020] but this is the claimed first woven layer.
Claim 1, the specification is silent regarding a straight yarn woven layer disposed above the separating layer. The specification does not mention the “straight yarn weaving” being a layer nor does it mention the weaving being a layer located above the separating layer. It is noted that the Figure shows nothing above the separating layer (4).
Claim 11 requires multiple layers “extend to the base material.” The specification lacks support.
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 and 10-16 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, the phrase “curly yarn woven layer” renders the claim indefinite. The term is not defined in the specification. It is unclear if all the yarns of the woven layer must be curly or if less than all (e.g. just one) of the yarns may be curly (and the rest may be straight). Plus, the meaning of curly yarn is unclear as yarns conventionally comprise multiple fibers/filaments that are twisted (curled) together (e.g. a spun yarn). Therefore, it is not clear if a conventional woven fabric is considered the claimed curly yarn woven layer. Plus, the yarns of a woven fabric interlace by curling over and under crossing fibers. Therefore, it is not clear if the phrase is simply referring to a basic woven fabric.
Claim 1, the phrase “straight yarn woven layer” renders the claim indefinite. The term is not defined in the specification. It is unclear if all the yarns of the woven layer must be straight or if less than all (e.g. just one) of the yarns may be straight (and the rest may be curly). Plus, the meaning of straight yarn is unclear as yarns conventionally comprise multiple fibers/filaments that are twisted (curled) together (e.g. a spun yarn). Therefore, it is not clear if a conventional woven fabric is considered a curly yarn woven layer. Plus, the yarns of a woven fabric interlace by curling over and under crossing fibers but extend in a straight line. Therefore, it is not clear if the phrase is simply referring to a basic woven fabric.
Claim 10 requires the separating layer to block “the granular filling from falling through” but fails to state which layer is being referenced by the “falling through” limitation. For example, is the separating layer blocking the granular filling from falling through the base material, the first woven layer, the separating layer, the curly yarn woven layer, the straight yarn woven layer, and/or something else?
Claim 10 states that the separating layer “prevents static electricity.” It is unclear if the layer prevents static electricity from developing in just the separating layer, or the entire turf system, or other.
Claim 10 states that the curly yarn woven layer and the straight yarn woven layer “remain partially on the separating layer” but claim 1 (from which claim 10 depends) fails to ever state that the curly yarn woven layer or the straight yarn woven layer is on the separating layer. It is unclear what is being claimed by “remain partially on.”
Claim 10 requires the granular filling to reduce friction - between what and reduce from what reference amount?
Claim 10 requires the granular filling to reduce static electricity – between what and reduce from what reference amount?
Claim 10 requires the granular filling to provide a “natural appearance.” The term is subjective rather than definitive. Plus, does the filling look natural or does the turf system look natural?
Claim 11 requires multiple layers “extend to the base material” while claim 1 (from which claim 11 depends) states that the same layers are disposed on or above the base material. It is unclear how the layers can be located in two mutually exclusive locations. It is also unclear what structure encompasses the claimed extending.
Claim 12 requires the separating layer to prevent “the granular filling from falling down” but fails to state down to what (e.g. layer) specifically.
Claim 13 requires the separating layer be integrated by sewing or bonding to a felt or base cloth. It is unclear if the “felt or base cloth” is the base material of claim 1 or if that is an additional layer.
Clam 15 states that the turf system further comprises an upper woven layer but then states that the upper woven layer comprises the previously claimed curly yarn woven layer and the previously claimed straight yarn woven layer. It is unclear how the turf system further comprises something it already has.
Claim 15 requires attaching at least one thread to “curly and straight monofilaments or fibrils.” It is unclear if these curly and straight monofilaments or fibrils are part of the curly yarn woven layer and straight yarn woven layer or if these are in addition.
Claim 15, it is unclear what the claimed “3/8 inch, 5/16 inch, 5/8 inch, or 3/4 inch” is measuring.
Claim 16 requires the curly yarn woven layer and the straight yarn woven layer “comprise two or more yarns having different dtex values.” It is unclear if combined the two layers must comprise the claimed two or more yarns or if each woven layer must comprise the claimed two or more yarns.
Response to Arguments
Applicant's arguments filed 4/22/2026 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The following patents are cited to further show the state of the art with respect to synthetic turf systems comprising curly yarns and straight yarns: USPAP 2011/0020567 to Avery and USPAP 2007/0098925 to Daluise.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T PIZIALI whose telephone number is (571)272-1541. The examiner can normally be reached Monday-Thursday 7am-5pm.
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/ANDREW T PIZIALI/Primary Examiner, Art Unit 1789
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