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 .
DETAILED ACTION
Claim Objections
Claim 11 is objected to because of the following informalities:
In line 2 of claim 11, it appears that “a plurality strength yarns” should be changed to “a plurality of strength yarns”.
Appropriate correction is required.
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.
Claims 11 and 13 - 17 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.
Regarding claim 11, it is unclear in which direction(s) the capillary active yarns are configured to transport fluid. In lines 3 - 4, the limitation “a plurality of capillary active yarns configured to transport fluid in at least one of a first direction or a second direction”, which indicates that the capillary active yarns can be configured to transport fluid in only a first direction. However, the limitation “wherein each of the plurality of capillary active yarns extends in the second direction” as recited in line 10 of claim 11 requires that the capillary active yarns extend in the second direction, which would result in fluid transport in the second direction.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 - 8, 10, 11, 13 - 15, and 17 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Leach 4,472,086) in view of Toye (US 2017/0172074).
Regarding claim 1, Leach discloses a knitted geotextile (geotextile fabric 10) comprising: a plurality of first strength yarns (synthetic warp threads 30) arranged in a first layer, each of the plurality of first strength yarns extending in a first direction; a plurality of second strength yarns (synthetic weft threads 28) arranged in a second layer, each of the plurality of second strength yarns extending in a second direction; and a plurality of knitting yarns (knit yarns comprising yarn 14 and yarn 16) interconnecting the plurality of first strength yarns, the plurality of second strength yarns (Figs. 1a, 1b, and 3 - 5; col. 1, lines 40 - 45; col. 2, line 47 - col. 3, line 41). Leach fails to disclose a plurality of capillary active yarns arranged in at least one of the first layer or the second layer; and the knit yarns interconnecting the plurality of first strength yarns, the plurality of second strength yarns, and the plurality of capillary active yarns. Toye teaches a geotextile comprising a plurality of first strength yarns (warp yarns 4) extending in a first direction; a plurality of second strength yarns (weft yarns 3) extending in a second direction; and a plurality of capillary active yarns (wicking yarns 5 extending in the warp direction) extending in at least one of the first direction or the second direction (Figs. 1 and 5; abstract; paragraphs 0011, 0019, 0025, 0030, 0077, 0100, 0105, 0106, 0111, and 0114), the plurality of wicking yarns providing a barrier that water running down the sloping surface on top of the ground will flow into. Examiner notes that Leach teaches using a geotextile fabric (10”) comprising an additional web (11) in coastal areas that are prone to erosion to hold sand and silt in place and to allow water movement while keeping the earth in place (Fig. 9; col. 4, lines 25 - 36). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the warp yarns as disclosed by Leach with the combination of warp yarns and warp capillary active yarns as taught by Toye to control the flow of water through the geotextile without the need for additional material(s) such as an extra web, thereby reducing the cost of materials associated with the geotextile. Examiner takes the position that since Leach teaches a plurality of knitting yarns interconnecting the plurality of first strength yarns, the plurality of second strength yarns, modifying the first strength yarns as disclosed by Leach to include both first strength yarn and capillary active yarns as taught by Toye would obviously result in the knit yarns interconnecting the plurality of first strength yarns, the plurality of second strength yarns, and the plurality of capillary active yarns.
Regarding claim 2, Leach further discloses the plurality of knitting yarns (14, 16) is configured in a warp knit pattern (Figs. 1a, 1b, 4, and 5).
Regarding claim 3, Leach further discloses the first direction is a machine direction (warp direction) along which the knitted geotextile advances during manufacturing thereof, and wherein the second direction is a cross-direction perpendicular to the machine direction (Figs. 1a, 1b, and 3 - 5; col. 1, lines 40 - 45; col. 2, line 47 - col. 3, line 41).
Regarding claim 4, Leach in view of Toye discloses all of the claim limitation(s) except each of the plurality of capillary active yarns extends in the second direction. Leach in view of Toye discloses each of the plurality of capillary active yarns (5) extends in the first (warp) direction as discussed above. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above so that each of the plurality of capillary active yarns extend in the second direction as a design consideration within the skill of the art depending upon the desired water flow direction through the geotextile.
Regarding claims 5 and 13, Leach fails to disclose each of the plurality of capillary active yarns extends in the first direction. Toye teaches a plurality of warp yarns (warp yarns 4) and a plurality of capillary active yarns (5, 5a, 5b) extending in a first direction (Figs. 1 and 5). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the warp yarns as disclosed by Leach with the combination of warp yarns and warp capillary active yarns as taught by Toye to control the flow of water through the geotextile.
Regarding claims 6 and 14, Leach fails to disclose the plurality of capillary active yarns is made of nylon. Toye teaches the plurality of capillary yarns is made of nylon (paragraphs 0119 and 0120). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the plurality of capillary active yarns made of nylon as taught by Toye to control the flow of water through the geotextile.
Regarding claims 7, 8, and 15, Leach further discloses each of the plurality of first strength yarns (30) and each of the plurality of second strength yarns (28) is made of polypropylene (col. 4, lines 6 - 10).
Regarding claims 10 and 17, Leach fails to disclose each of the plurality of capillary active yarns is arranged in the second layer, and wherein the plurality of capillary active yarns and the plurality of second strength yarns are arranged in an alternating pattern in the second layer. Toye teaches each of the plurality of capillary active yarns (5) is arranged in a layer, and wherein the plurality of capillary active yarns (5) and the plurality of first strength yarns (4) are arranged in an alternating pattern (Fig. 5) in the layer. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the second layer and second strength yarns as disclosed above with the each of the plurality of capillary active yarns is arranged in a layer, and wherein the plurality of capillary active yarns and the plurality of first strength yarns are arranged in an alternating pattern as taught by Toye to control the flow of water through the geotextile based upon the properties of the soil in which the geotextile is to be used and the volume of water to be transported through the geotextile.
Regarding claim 11, Leach discloses a knitted geotextile comprising: a plurality of strength yarns (30, 28); and a plurality of knitting yarns (14, 16) interconnecting the plurality of strength yarns in a warp knit configuration, wherein the first direction is a machine direction (warp direction) along which the knitted geotextile advances during manufacturing thereof, and wherein the second direction (weft direction) is a cross-direction perpendicular to the machine direction (Figs. 1a, 1b, and 3 - 5; col. 1, lines 40 - 45; col. 2, line 47 - col. 3, line 41). Leach fails to disclose a plurality of capillary active yarns configured to transport fluid in at least one of a first direction or a second direction; and a plurality of knitting yarns interconnecting the plurality of strength yarns and the plurality of capillary active yarns in a warp knit configuration; and wherein each of the plurality of capillary active yarns extends in the second direction. Toye teaches a geotextile comprising a plurality of first strength yarns (warp yarns 4) extending in a first direction; a plurality of second strength yarns (weft yarns 3) extending in a second direction; and a plurality of capillary active yarns (wicking yarns 5 extending in the warp direction) extending in at least one of the first direction or the second direction (Figs. 1 and 5; abstract; paragraphs 0011, 0019, 0025, 0030, 0077, 0100, 0105, 0106, 0111, and 0114), the plurality of wicking yarns providing a barrier that water running down the sloping surface on top of the ground will flow into. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the warp yarns as disclosed by Leach with the combination of warp yarns and warp capillary active yarns as taught by Toye to control the flow of water through the geotextile. Examiner takes the position that since Leach teaches a plurality of knitting yarns interconnecting the plurality of first strength yarns, the plurality of second strength yarns, modifying the first strength yarns as disclosed by Leach to include both first strength yarn and capillary active yarns as taught by Toye would obviously result in the knit yarns interconnecting the plurality of first strength yarns, the plurality of second strength yarns, and the plurality of capillary active yarns. Leach in view of Toye discloses each of the plurality of capillary active yarns (5) extends in the first (warp) direction as discussed above. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above so that each of the plurality of capillary active yarns extend in the second direction as a design consideration within the skill of the art depending upon the desired water flow direction through the geotextile. Examiner notes that Leach teaches using a geotextile fabric (10”) comprising an additional web (11) in coastal areas that are prone to erosion to hold sand and silt in place and to allow water movement while keeping the earth in place (Fig. 9; col. 4, lines 25 - 36). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the warp yarns as disclosed by Leach with the combination of warp yarns and warp capillary active yarns as taught by Toye to control the flow of water through the geotextile without the need for additional material(s) such as an extra web, thereby reducing the cost of materials associated with the geotextile.
Regarding claim 18, Leach discloses a knitted geotextile configured to enhance drainage of fluid between a trafficked surface and a subgrade soil, the knitted geotextile comprising: a plurality of strength yarns (30, 28) and a plurality of knitting yarns (14, 16) interconnecting the strength yarns in a warp knit configuration; and wherein the first direction is a machine direction (warp direction) along which the knitted geotextile advances during manufacturing thereof, and wherein the second direction is a cross-direction perpendicular to the machine direction (Figs. 1a, 1b, and 3 - 5; col. 1, lines 40 - 45; col. 2, line 47 - col. 3, line 41). Leach fails to disclose a plurality of capillary active yarns configured to transport fluid in at least one of a first direction or a second direction; and the plurality of knitting yarns interconnecting the plurality of capillary active yarns in a warp knit configuration. Toye teaches a geotextile comprising a plurality of first strength yarns (warp yarns 4) extending in a first direction; a plurality of second strength yarns (weft yarns 3) extending in a second direction; and a plurality of capillary active yarns (wicking yarns 5 extending in the warp direction) extending in at least one of the first direction or the second direction (Figs. 1 and 5; abstract; paragraphs 0011, 0019, 0025, 0030, 0077, 0100, 0105, 0106, 0111, and 0114), the plurality of wicking yarns providing a barrier that water running down the sloping surface on top of the ground will flow into. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the warp yarns as disclosed by Leach with the combination of warp yarns and warp capillary active yarns as taught by Toye to control the flow of water through the geotextile. Examiner takes the position that since Leach teaches a plurality of knitting yarns interconnecting the plurality of first strength yarns, the plurality of second strength yarns, modifying the first strength yarns as disclosed by Leach to include both first strength yarn and capillary active yarns as taught by Toye would obviously result in the knit yarns interconnecting the plurality of first strength yarns, the plurality of second strength yarns, and the plurality of capillary active yarns. Examiner notes that Leach teaches using a geotextile fabric (10”) comprising an additional web (11) in coastal areas that are prone to erosion to hold sand and silt in place and to allow water movement while keeping the earth in place (Fig. 9; col. 4, lines 25 - 36). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the warp yarns as disclosed by Leach with the combination of warp yarns and warp capillary active yarns as taught by Toye to control the flow of water through the geotextile without the need for additional material(s) such as an extra web, thereby reducing the cost of materials associated with the geotextile.
Regarding claim 19, Leach in view of Toye further discloses the plurality of capillary active yarns is positioned on top of the subgrade soil as discussed above. Leach in view of Toye fails to disclose the plurality of capillary active yarns is positioned at a vertex of the subgrade soil. Examiner takes the position that the positioning of the plurality of capillary active yarns at a vertex subgrade is a design consideration within the skill of the art.
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Leach in view of Toye as applied to claims 1 and 11 above, and further in view of Jones et al. (US 2014/0241817). Leach in view of Toye discloses all of the claim limitation(s) except the knitted geotextile has a tensile strength of at least 10 kN/m under ASTM D4595. Jones teaches a knitted geotextile (10) has a tensile strength of at least 10 kN/m (300 lb/in) under ASTM D4595 (abstract; paragraphs 0037 and 0041). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the tensile strength as taught by Jones as a design consideration within the skill of the art to provide the geotextile a desired amount of tensile strength based upon the application for which the geotextile is to be used.
Response to Arguments
Applicant's arguments filed 09 February 2026 have been fully considered but they are not persuasive.
Applicant argues that there is no motivation to combine Leach with Toye because Leach does not contemplate a need to be modified to control water flow through the textile. Examiner replies that Leach teaches using a geotextile fabric (10”) comprising an additional web (11) in coastal areas that are prone to erosion to hold sand and silt in place and to allow water movement while keeping the earth in place (Fig. 9; col. 4, lines 25 - 36). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the warp yarns as disclosed by Leach with the combination of warp yarns and warp capillary active yarns as taught by Toye to control the flow of water through the geotextile without the need for additional material(s) such as an extra web, thereby reducing the cost of materials associated with the geotextile.
Applicant argues Toye fails to teach that the warp direction is the machine direction, let alone teach or suggest arranging the wicking yarns 5 in a direction perpendicular to the machine direction. Examiner replies that Leach was relied upon to teach warp threads and weft threads that are perpendicular to the warp threads (col. 1, lines 40 - 44; col. 2, lines 55 - 60). Examiner takes the position warp threads are inherently oriented in a warp direction and that the warp direction is inherently equivalent to the machine direction. Examiner only relied upon Toye to teach a geotextile comprising a plurality of first strength yarns extending in a first direction, a plurality of second strength yarns extending in a second direction, and a plurality of capillary active yarns arranged in at least one of the first direction or the second direction (abstract; paragraphs 0011, 0019, 0025, 0030, 0077, 0105, and 0111). Although Toye fails to explicitly teach arranging the wicking yarns in a direction perpendicular to the machine direction, Examiner maintains that it would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above so that each of the plurality of capillary active yarns extend in the second direction, which is perpendicular to the machine direction, as a design consideration within the skill of the art depending upon the desired water flow direction through the geotextile.
Conclusion
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.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
3/10/2026