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
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12 June 2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 18 June 2026 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 - 11 and 14 - 19 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 recites “a plurality of capillary active yarns arranged in at least one of the first layer or the second layer, wherein each of the plurality of capillary active yarns extends linearly within the at least one of the first layer or the second layer without crossing into another layer”. However, the specification does not describe a plurality of capillary active yarns arranged in one of the first layer or the second layer “without crossing into another layer” and, therefore, the aforementioned limitation represents new matter.
Claims 11 and 18 each recites “each of the plurality of capillary active yarns extends linearly within a layer of the knitted geotextile without crossing into another layer”. However, the specification does not describe a plurality of capillary active yarns arranged in one of the first layer or the second layer “without crossing into another layer” and, therefore, the aforementioned limitation represents new matter.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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, 14, 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 without crossing into another layer; 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, wherein each of the plurality of capillary active yarns extends linearly within the at least one of the first layer or the second layer without crossing into another 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. Examiner takes the position that substituting the combination of warp yarns and warp capillary active yarns as taught by Toye for the plurality of first strength yarns arranged in a first layer, each of the plurality of first strength yarns extending in a first direction without crossing into another layer as disclosed by Leach would obviously result in each of the plurality of capillary active yarns extends linearly within the first layer without crossing into another layer.
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 claim 5, 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, wherein each of the plurality of warp yarns extending in a first direction without crossing into another layer, 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, wherein each of the plurality of capillary active yarns extends linearly within a layer of the knitted geotextile without crossing into another layer; 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. Examiner takes the position that substituting the combination of warp yarns and warp capillary active yarns as taught by Toye for the plurality of first strength yarns arranged in a layer, each of the plurality of first strength yarns extending in a first direction without crossing into another layer as disclosed by Leach would obviously result in each of the plurality of capillary active yarns extends linearly within a layer without crossing into another layer.
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, wherein each of the plurality of warp yarns extending in a first direction without crossing into another layer, 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, wherein each of the plurality of capillary active yarns extends linearly within a layer of the knitted geotextile without crossing into another layer; 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. Examiner takes the position that substituting the combination of warp yarns and warp capillary active yarns as taught by Toye for the plurality of first strength yarns arranged in a layer, each of the plurality of first strength yarns extending in a first direction without crossing into another layer as disclosed by Leach would obviously result in each of the plurality of capillary active yarns extends linearly within a layer without crossing into another layer.
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 12 June 2026 have been fully considered but they are not persuasive.
Applicant argues that Toye does not teach each of the capillary yarns extends linearly within a layer of a knitted geotextile without crossing into another layer. Examiner replies 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 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 substituting the combination of warp yarns and warp capillary active yarns as taught by Toye for the plurality of first strength yarns arranged in a layer, each of the plurality of first strength yarns extending in a first direction without crossing into another layer as disclosed by Leach would obviously result in each of the plurality of capillary active yarns extends linearly within a layer without crossing into another layer.
Applicant argues that Toye teaches the use of wicking materials as part of a woven sheet structure. Examiner replies that Toye teaches a sheet comprising warp yarns and warp capillary active yarns. Examiner relied upon Leach to teach warp yarns arranged in a single layer wherein each of the yarns extends linearly within the layer without crossing into another 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 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 substituting the combination of warp yarns and warp capillary active yarns as taught by Toye for the plurality of first strength yarns arranged in a layer, each of the plurality of first strength yarns extending in a first direction without crossing into another layer as disclosed by Leach would obviously result in each of the plurality of capillary active yarns extends linearly within a layer without crossing into another layer.
Applicant argues that Examiner’s rejection does not explain why a person of ordinary skill in the art would have selected capillary active yarns that extend linearly within a layer of a knitted geotextile without crossing into another layer. Examiner replies that Leach was relied upon to teach each of a plurality of warp yarns extends linearly within a layer of a knitted geotextile without crossing into another layer. Examiner only relied upon Toye to teach a layer of warp yarns comprises a plurality of warp yarns and warp capillary active yarns. Examiner’s rationale for substituting the layer of warp yarns comprising warp yarns and warp capillary active yarns as taught by Toye for the layer of warp yarns as disclosed by Leach is that such a substitution would 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN D ANDRISH whose telephone number is (571)270-3098. The examiner can normally be reached Mon-Fri: 6:30 AM - 4:00 PM.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
8/12/2026
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