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 .
Claim Rejections - 35 USC § 102/103
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 1-4, 6-7 and 9-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yenici (PG Pub. 2019/0119835) or, in the alternative, under 35 U.S.C. 103 as obvious over Yenici (PG Pub. 2019/0119835).
Regarding claim 1, Yenici et al. teach a woven fabric, in particular denim fabric [claim 1 and 0002 and Fig. 1, 2], comprising a base weave comprising base warp yarns and base weft yarns [0098-0100 and Fig. 5a, 5b, reference signs 4, 5, 6; 4 or 5 = base warp yarns and/or loop yarns, 6 = base weft yarns and/or anchor yarns] (half of the base warp yarns can be construed as the base warp yarns and the other half could be construed as the loop warp yarns and/or the base warp yarns could be construed as 4 and the loop warp yarns can be construed as 5); and a loop weave comprising anchor yarns and loop yarns extending orthogonal to the anchor yarns [0098-0100 and fig. 5a, 5b, reference sign 5, 71, 73; 5 = loop yarns in fig. 56 and anchor yarns in fig. 5a]; the anchor yarns can be construed as reference sign 6 or warp yarns that extend in the lateral direction also and the fabric has a frontside and a backside, wherein each of the base warp yarns, base weft yarns, anchor yarns and loop yarns has a front facing the frontside and a back facing the backside [0099, 0100 and fig. 5a, 5b, reference signs 4, 5; 4 = frontside warp yarn, 5 = backside or loop yarn]; wherein each anchor yarn comprises at least one under portion extending on the back of at least one of the base warp yarns or weft yarns [Fig. 5a, reference sign 5] and two over portions confining the at least one anchor yarn under portion and connecting the at least one anchor yarn under portion with the base weave by extending on the front of at least one of the base warp yarns or weft yarns [0099, 0100 and Fig. 5a, reference sign 53], and wherein each loop yarn comprises at least one under portion extending on the back of at least one of the anchor yarns [Fig. 5a, 5b, reference sign 5, 51; 5 = anchor yarn in fig. 5a, 51 = under portion in Fig. 56] and two over portions confining the at least one loop yarn under portion [0099, 0100 and Fig. 5b, reference sign 51, 53; 53 = one over portion on each side of the loop yarn under portion 51] and extending on the front of at least one of the anchor yarns [0101 and Fig. 5a, reference signs 5, 71; at visible spots 71, the over portions extend in front of the anchor yarn 5 and confining the at least one anchor yarn under portion]; and wherein the at least one anchor yarn under portion and at least one loop yarn under portion extend in between their respective confining two over portions on the back of at least five yarns [claim 2, 0100, and Fig. 5a, 5b, reference signs 5, 6, 51, 53; the two over portions confine eight weft yarns 6]. The at least one anchor yarn under portion and the at least one loop yarn under portion are droopy in that they have length surplus compared to a distance between their respective confining two over portions. The loop yarns lack over portions extending on the front of the base warp yarns and/or extending on the front of the base weft yarns. The loop yarns are exclusively interwoven with the anchor yarns (this is shown in Figure 5b) and lack over portions extending on the front of the base warp yarns and/or extending on the front of the base weft yarns such that the loop yarns are hidden from the frontside of the fabric [0102]. In the alternative it would have been obvious to one of ordinary skill in the art to have the loop yarns exclusively be interwoven with the anchor yarns in order to ensure their looseness in the fabric and arrive at the claimed fabric. The at least one anchor yarn under portion and the at least one loop under portion are droopy in that they have a length surplus compared to a distance between their respective confining two over portions. Yenici teaches rigid hard yarns used for the weft yarns and teaches the tension on the weft yarns can be the same as that of the backside warp yarns and teaches loops formed by varying the tension of the backside versus the frontside yarns [0065]. Therefore it is clear the weft yarns have droopy loops or in the alternative it would have been obvious to one of ordinary skill in the art to have the weft yarns also have droopy loops as the backside yarns in order to enhance the knitted quality of the fabric and arrive at the claimed invention.
Regarding claim 2, the at least one anchor yarn under portion extends in between its respective confining two over portions on a back of at least six yarns and/or the at least one loop yarn under portion extends between its respective confining two over portions on a back of at least five yarns [Fig. 5b].
Regarding claim 3, the at least one anchor yarn under portion extends in between its confining over portions on the back of at least four base warp yarns or weft yarns, on the back of at least one loop yarn, and/or on the front of at least five loop yarns [0060-0061 and 0067 and Fig. 5b].
Regarding claim 4, the at least one loop yarn under portion extends in between its confining over portions on the bask of at least three base warp yarns or weft yarns and/or on the back of at least two anchor yarns [0060-0061 and 0067 and Fig. 5b].
Regarding claim 6, the length surplus of the least one anchor yarn under portion is at least 10% and/or length surplus of at least one loop yarn under portion is at least 10% [0065].
Regarding claim 7, the base warp yarns comprise under portions extending on the back of at least one base weft yarn and over portions confining the base warp under portions and extending on the front of at least one of the base weft yarns and the base weft yarns comprise under portions extending on the back on at least one of the base warp yarn and over portions confining the base weft yarn under portions and extending on the front of at least one base warp yarn (warp yarns that extend in the lateral direction also and half of the base warp yarns can be construed as the base warp yarns and the other half could be construed as the loop warp yarns and/or the base warp yarns could be construed as 4 and the loop warp yarns can be construed as 5; and a loop weave comprising anchor yarns and loop yarns extending orthogonal to the anchor yarns). The base warp yarn under portions and/or base weft yarn under portions lack a length surplus or lack at least a smaller length surplus compared to the distance between their respective confining two over portions than the length surplus of the at least one anchor yarn under portion and/or the length surplus of the at least one loop yarn under portion as the base warp yarns can have no surplus.
Regarding claim 9, the base warp yarns have axial centerlines and define a base weft/warp plane extending through the axial centerlines along over portions of the base warp yarns extending on the front of the base weft yarns [Fig. 5b]. The anchor yarns and/or the loop yarns have axial centerlines and the anchor yarn centerlines and/or loop yarn axial centerlines along their extension extend on the back of the base weft/warp plane [Fig. 5b].
Regarding claim 10, at least one anchor yarn under portion extends in between along at least two base warp yarns or weft yarns [Fig. 5b].
Regarding claim 11, Yenici et al. teach the base warp yarn and/or base weft yarns are elastic yarns comprising an elastic core and a cotton or polyester sheath [0074].
Regarding claim 12, at least one of the base warp yarns and /or base weft yarns are]. indigo dyed [0074].
Regarding claim 14, Yenici et al. teach the claimed base warp yarns and base weft yarns have the claimed density [Table 1].
Regarding claim 15, the anchor yarns and the base warp yarns or weft yarns are alternated such that (a) each anchor yarn is followed by at least one base warp yarn or weft yarn, and/or (b) each base warp yarn or weft yarns is followed by at least one anchor yarn, and/or the loop yarns and the base warp yarns or weft yarns are alternated such that; (a) each loop yarn is followed by at least one base warp yarn or weft yarn, and/or (b) each base warp yarn or weft yarn is followed by at least one loop yarn [Fig. 4a].
Regarding claim 16, the at least one anchor under portion comprises at least 20% of the anchor yarn under portions as the present specification teaches this means “ In other words, one or more of the features previously and subsequently described with respect to the at least one anchor yarn under portion is realized in at least 20%, 40%, 60%, 80% or 100% of the under portions of the anchor yarns”. Yenici teaches at least one anchor under portion comprises at least 20% of the anchor yarn under portions as the features taught by Yenici are taught as being present in at least 20% of the anchor under portions.
Regarding claim 17, Yenici et al. teach a garment comprising the woven fabric of claim 1 wherein the frontside being visible upon wearing the garment and/or wherein the backside faces a wearer’s skin [0061 and 0075].
Response to Arguments
Applicant's arguments filed 10/20/2025 have been fully considered but they are not persuasive.
Applicant argues Yenici does not teach the at least one anchor portion and at least loop portions are droopy and that Yenici only teaches the loop portions being droopy. Yenici teaches rigid hard yarns used for the weft yarns and teaches the tension on the weft yarns can be the same as that of the backside warp yarns and teaches loops formed by varying the tension of the backside versus the frontside yarns [0065]. Therefore it is clear the weft yarns have droopy loops or in the alternative it would have been obvious to one of ordinary skill in the art to have the weft yarns also have droopy loops as the backside yarns in order to enhance the knitted quality of the fabric and arrive at the claimed invention.
Applicant argues Yenici does not teach the loop yarns lack over portions extending on the front of the base warp yarns and/or extending on the front of the base weft yarns. The loop yarns are exclusively interwoven with the anchor yarns (this is shown in Figure 5b) and lack over portions extending on the front of the base warp yarns and/or extending on the front of the base weft yarns such that the loop yarns are hidden from the frontside of the fabric [0102]. This portion of the text in 0102 exclusively delineates an embodiment where the loops are hidden.
Applicant is invited to amend the claims over the cited art.
Art not Cited but Relevant
PG Pub. 2011/0212659 teaches a woven fabric with warp, wefts and loops.
Conclusion
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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/Shawn Mckinnon/Examiner, Art Unit 1789
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