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 .
Status of Claims
This Office Action is in response to the amendment filed 12/4/25. As directed by the amendment, claims 26-33 have been cancelled, and claims 34-40 have been added. Claims 1-25 and 34-40 are pending in this application.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
In the instant case there does not appear to be any means for language in the claims and/or language to be considered under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 103 AIA
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-3, 5-11, 13-25, 34, 36 -40 are rejected under 35 U.S.C. 103 as being unpatentable over Tulin US 20140165265 A1 (herein after Tulin) in view of Weening US 20170233904 A1 (herein after Weening).
Regarding claim 1, Tulin discloses a pair of pants (as seen in annotated Figures 3A and 3B) comprising: a denim material (0031) sewn into pants (as seen in annotated Figures 3A and 3B), wherein the denim material has multiple woven (paragraph 0165) stretch characteristics (paragraph 0009, 0029 and 0094).
[AltContent: arrow][AltContent: textbox (Pants)]
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However, Tulin does not specifically disclose a first zone comprises hold yarns, a second zone comprise extension yarns, and a third zone comprising alternating groupings of hold and extension yarns, the hold yarns comprise stretch yarns with higher relative lateral tension force, and the extension yarns comprise stretch yarns with lower relative lateral tension force, and the extension yarns having a greater stretch characteristic than the hold yarns.
Weening teaches a first zone (Abstract, paragraph 0006) comprises hold yarns (Claim 21 -paragraph 0029 and 0097 – Weening’s zone 2 which has less stretch), a second zone (Abstract, paragraph 0006) comprise extension yarns (Claim 21 – Weening’s zone 1 which has more stretch), and a third zone (paragraph 0009, 0044- the transition area between the first and second zones) comprising alternating groupings of hold and extension yarns (paragraphs 0030, 0033, 0040, 0042, 0043), the hold yarns comprise stretch yarns with higher relative lateral tension force (Claim 21 -paragraph 0029 and 0097 – zone 2 having less stretch), and the extension yarns comprise stretch yarns with lower relative lateral tension force (Claim 21 – zone 1 having more stretch), and the extension yarns having a greater stretch characteristic than the hold yarns (paragraphs 0030, 0033, 0040, 0042, 0043).
[AltContent: arrow][AltContent: textbox (Transition Zone – Third Zone )][AltContent: textbox (Second Zone)][AltContent: textbox (First Zone)][AltContent: arrow][AltContent: arrow]
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Tulin is analogous art to the claimed invention as it relates to garments made from a single woven fabric that includes varied stretch portions. Weening is analogous art to the claimed invention in that it teaches garments made from a single woven fabric that includes varied stretch portions.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified the pants material of Tulin, by constructing the pants being made with a material that includes a first zone comprising hold yarns, a second zone comprising extension yarns, and a third zone comprising alternating groupings of hold and extension yarns, the hold yarns comprise stretch yarns with higher relative lateral tension force, and the extension yarns comprise stretch yarns with lower relative lateral tension force, and the extension yarns having a greater stretch characteristic than the hold yarns, as taught by Weening in order to form a shaping portions on the pair of pants. The modification of the material used to make the pants would be a simple modification of one known element for another to obtain predictable results, creating a pair of pants that unlike regular pants include engineered portions in strategic areas to provide slimming and silhouette enhancing capabilities.
Regarding claim 2, the modified pair of pants of the combined references discloses wherein denim material comprises a contiguously woven fabric (paragraph 0094), the hold yarns comprise weft yarns (paragraph 0173 of Tulin), the extension yarns comprise weft yarns (paragraphs 0173, 0174, 0751 and 0176 of Tulin), and a warp yarn extends in a direction transverse to the hold and extension yarns (paragraph 0046 of Weening), crossing the hold and extension yarns (paragraph 0046 of Weening).
Regarding claim 3, the modified pair of pants of the combined references discloses wherein the third zone is positioned between the first zone and second zone (paragraph 0009 and 0044 of Weening).
[AltContent: textbox (Second zone)][AltContent: textbox (Third zone)][AltContent: textbox (First Zone)][AltContent: connector][AltContent: connector][AltContent: connector]
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Regarding claim 5, the modified pair of pants of the combined references discloses wherein the second zone is positioned at a buttocks region (345 of Tulin) of the pants (as seen in annotated Figures 3A-3C of Tulin).
[AltContent: arrow][AltContent: textbox (Pants)]
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Regarding claim 6, the modified pair of pants of the combined references discloses wherein the second zone (paragraph 0171 of Tulin – the second zone having less stretch) is positioned at a knee cap region (as seen annotated 11A-11C) of the pants (as seen annotated 11A-11C).
[AltContent: textbox (Knee cap )][AltContent: arrow]
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Regarding claim 7, the modified pair of pants of the combined references discloses wherein the second zone (paragraph 0171 of Tulin – the second zone having less stretch) is positioned at a knee cap region of the pants (as seen in annotated Figure 11A-11C).
Regarding claim 8, the modified pair of pants of the combined references discloses wherein a differential in stretch between first zone (Claim 21 – Weening’s zone 1 which has more stretch) and second zone (Claim 21 -paragraph 0029 and 0097 – Weening’s zone 2 which has less stretch) is in a range from about 10 percent to about 15 percent (paragraph 0175 of Tulin).
Regarding claim 9, the modified pair of pants of the combined references discloses wherein a differential in stretch between first zone and second zone is in a range from about 7 percent to about 15 percent (paragraph 0173 of Tulin).
Regarding claim 10, the modified pair of pants of the combined references discloses wherein a differential in stretch between first zone and second zone is in a range from about 7 percent to about 10 percent (paragraph 0173 of Tulin).
Regarding claim 11, the modified pair of pants of the combined references discloses wherein the denim material (paragraph 0031 of Tulin) comprises a contiguous weave comprising the first zone (paragraph 0009 of Tulin), second zone (paragraph 0009 of Tulin), and third zone (paragraph 0009 of Tulin).
Regarding claim 13, the modified pair of pants of the combined references discloses wherein the second zone (paragraph 0171 of Tulin – the second zone having less stretch) is positioned at a knee cap region of the pants (as seen annotated 11A-11C of Tulin).
Regarding claim 14, Tulin discloses a pair of pants (as seen in 11A-11C, 3A and 3B) comprising: a panel (Abstract) of contiguously woven fabric sewn into the pants (Abstract), wherein the panel comprises a first portion (as seen in annotated Figures 8 and 10) having a first stretch characteristic (paragraph 0029 and 0094), a second portion (as seen in annotated Figures 8 and 10) having a second stretch characteristic (paragraph 0029 and 0094), and a third portion (as seen in annotated Figures 8 and 10) having a third stretch characteristic (paragraph 0029 and 0094 – Tulins transitional portion – the portions between the first and second portion), and the first (as seen in annotated Figures 8 and 10), second (as seen in annotated Figures 8 and 10), third stretch characteristics are different from each other (paragraphs 0033 and 0034), and the different stretch characteristics are achieved without an additional material being coupled to the panel (paragraphs 0029 and 0094); the first portion of the panel is positioned at a buttocks region of the pants (as seen in annotated Figures 4 and 5); the second portion is below the buttocks region (as seen in annotated Figure 3B), wherein the first stretch characteristic comprises greater stretch than the second stretch characteristic (paragraph 0160 and 0182); and the third portion is between the first and second portions (as seen in annotated Figures 8 and 10).
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[AltContent: textbox (Third portion – transition portion.)]
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[AltContent: arrow][AltContent: textbox (The first portion having a first stretch characteristic (Tulins second portion – having less stretch).)][AltContent: arrow]
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However, Tulin is silent to wherein the third stretch characteristic comprises a blending of the first and second stretch characteristics.
Weening discloses wherein the third stretch characteristic (paragraph 0009) comprises a blending of the first and second stretch characteristics (paragraph 0009).
Tulin is analogous art to the claimed invention as it relates to garments made from a single woven fabric that includes varied stretch portions. Weening is analogous art to the claimed invention in that it garments made from a single woven fabric that includes varied stretch portions.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified the pants material of Tulin, by constructing the third stretch characteristic comprising a blending of the first and second stretch characteristics, as taught by Weening in order to form blended shaping portions on the pair of pants. The modification of the material used to make the pants would be a simple modification of one known element for another to obtain predictable results, creating a pair of pants made from a single material with regions having varied stretch capabilities, as such the transitional areas between areas of stretch are smooth without demarcation. The result is a pair of pants that provides a more slimming and flattering silhouette.
Regarding claim 15, the modified pair of pants of the combined references discloses wherein the contiguously woven fabric (paragraph 0094 of Tulin), the first portion comprises weft yarns (paragraphs 0173, 0174, 0751 and 0176 of Tulin), the second portion comprises weft yarns (paragraphs 0173, 0174, 0751 and 0176 of Tulin), and the third portion comprises weft yarns (paragraphs 0173, 0174, 0751 and 0176 of Tulin), and a warp yarn extends in a direction transverse to the weft yarns of the first (paragraph 0046 of Weening), second (paragraph 0046 of Weening), and third portions (paragraph 0046 of Weening), crossing the weft yarns (paragraph 0046 of Weening).
Regarding claim 16, the modified pair of pants of the combined references discloses wherein the third stretch characteristic (Abstract, Paragraph 0008 and 0009 of Weening) of the third portion (paragraph 0009 of Weening) comprises a transition from first stretch characteristic to the second stretch characteristic (Abstract, Paragraph 0008 and 0009, 0044 of Weening).
Regarding claim 17, the modified pair of pants of the combined references discloses wherein the first portion (Abstract, paragraph 0006) comprises a weave (paragraph 0042 of Weening) with a first yarn type (paragraph 0046 of Weening) that provides the first stretch characteristic (paragraphs 0046 and 0048 of Weening), and the second portion (Abstract, Paragraph 0008 and 0009, 0044 of Weening) comprises a weave (paragraph 0042 of Weening) with a second yarn type (Abstract, Paragraph 0008 and 0009, 0044 of Weening) that provides the second stretch characteristic (Abstract, Paragraph 0008 and 0009, 0044 of Weening).
Regarding claim 18, the modified pair of pants of the combined references discloses wherein the third portion (paragraph 0009 of Weening) comprises a weave (paragraph 0042 of Weening) with first and second yarn types (Abstract, Paragraph 0008 and 0009, 0044 of Weening) that provides the third stretch characteristic (Abstract, paragraph 0009 of Weening).
Regarding claim 19, the modified pair of pants of the combined references discloses wherein the third portion (Abstract of Weening) comprises a weave of variegated alternating placement (as seen in Figure 7 of Weening) of the first yarn type and the second yarn type (paragraphs 0052, 0080 and 0084 of Weening), whereby the weave creates a smoothly blended gradation (paragraphs 0052, 0080 and 0084 of Weening) between the two distinct stretch performance zones (Abstract, paragraph 0009 of Weening) of the first and second portions (Abstract, paragraph 0009 of Weening), without puckering, rippling, or other visible indications of a transition (paragraph 0083 and 0098 of Weening).
Regarding claim 20, Tulin discloses a pair of pants (as seen in 11A-11C, 3A and 3B) comprising: a panel (Abstract) of contiguously woven fabric sewn into the pants (Abstract), wherein the panel comprises a first region (as seen in annotated Figures 8 and 10, paragraph 0029 and 0094) comprising a first yarn having a first stretch characteristic (paragraph 0029 and 0094), a second region (as seen in annotated Figures 8 and 10) comprising a second yarn (paragraph 0170) having a second stretch characteristic (paragraph 0048), and a third region (Abstract) comprising a blend of the first yarn (Abstract, paragraph 0009) and the second yarn (Abstract, paragraph 0009, 0160 and 0182); the first region of the panel is positioned at an extension location of the pants (as seen in annotated Figures 11A-11C); the second region is below the extension location (as seen in annotated Figures 11A-11C), wherein the first stretch characteristic is greater than the second stretch characteristic (paragraph 0160 and 0182, as seen in annotated Figures 8 and 10); and the third region is between the first and second regions (as seen in annotated Figure 4 and 5).
However, Tulin does not disclose wherein the third region smoothly transitions from the first region to the second region to avoid forming of an abrupt transition edge.
Weening discloses wherein the third region smoothly transitions from the first region to the second region (paragraph 0083 and 0098 of Weening) to avoid forming of an abrupt transition edge (paragraph 0083 and 0098 of Weening).
Tulin is analogous art to the claimed invention as it relates to garments made from a single woven fabric that includes varied stretch portions. Weening is analogous art to the claimed invention in that it garments made from a single woven fabric that includes varied stretch portions.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified the pants material of Tulin, by constructing the third region smoothly transitioning from the first region to the second region, as taught by Weening in order to form blended shaping portions on the pair of pants. The modification of the material used to make the pants would be a simple modification of one known element for another to obtain predictable results, creating a pair of pants made from a single material having regions with varied stretch capabilities, as such the transitional regions between areas of stretch are smooth without demarcation. The result is a pair of pants that provides a more slimming and flattering silhouette.
Regarding claim 21, the modified pair of pants of the combined references discloses wherein the first region comprises weft yarns (paragraph 0173 of Tulin), the second region comprises weft yarns (paragraphs 0173, 0174, 0751 and 0176 of Tulin), and the third region comprises weft yarns (paragraphs 0173, 0174, 0751 and 0176 of Tulin), and a warp yarn (paragraphs 0173, 0174, 0751 and 0176 of Tulin) extends in a direction transverse to the weft yarns (paragraph 0046 of Weening) of the first (Abstract of Tulin), second (Abstract of Tulin), and third regions (Abstract of Tulin), crossing the weft yarns (paragraph 0046 of Weening).
Regarding claim 22, the modified pair of pants of the combined references discloses wherein the third region (as seen in annotated Figures 3A-3C and 11A-11C of Tulin) avoids a visible indication from an exterior of the pants of a transition between the first region and the second region (paragraphs 0081, 0108 and 0216 of Tulin).
Regarding claim 23, the modified pair of pants of the combined references discloses wherein the first yarn comprises a first percentage of elastane (paragraphs 0112, 00165, 0167 and 0169 of Tulin), the second yarn comprises a second percentage of elastane (paragraphs 0112, 00165, 0167 and 0169 of Tulin), and the second percentage is greater than the first percentage (paragraphs 0112, 00165, 0167 and 0169 of Tulin).
Regarding claim 24, the modified pair of pants of the combined references discloses wherein a back pocket of the pants (as seen in annotated Figure 3A-3C, 11A-11C of Tulin) comprises a first pocket portion (as seen in annotated Figure 3B of Tulin) made from a material comprising the first yarn (Abstract, paragraph 0009, 0160 and 0182 of Tulin) and a second pocket portion (as seen in annotated Figure 3B of Tulin) made from a material comprising a blend of the first yarn and the second yarn (as seen in annotated Figure 3B, Abstract, paragraphs 0009 of Tulin- the first and second portion comprises a transition portion between the two portions that is a combination of the yarns and weave of the first and second portions).
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[AltContent: textbox (First region.)]Regarding claim 25, the modified pair of pants of the combined references discloses wherein a crotch point of the pants (as seen in annotated Figure 3A of Tulin) is positioned at a point on an edge of where the first region meets the third region of the panel (as seen in annotated Figure 3A of Tulin).
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Regarding claim 34, Tulin discloses a pair of pants (as seen in annotated Figures 3A and 3B) comprising: a denim material sewn into pants (as seen in annotated Figure 3A and 3B), wherein the denim material (paragraph 0031) has multiple woven stretch characteristics (paragraph 0009), wherein denim material comprises a contiguously woven fabric (paragraph 0165), and a warp yarn extends in a direction transverse to the hold and extension yarns (paragraph 0171, paragraphs 0173, 175 and 0176), crossing the hold and extension yarns (as seen in annotated Figures 3A, 3B and 8), the third zone is positioned between the first zone and second zone (as seen in annotated Figure 3C above).
Tulin is silent to a first zone comprises hold yarns, a second zone comprise extension yarns, and a third zone comprising alternating groupings of hold and extension yarns, the hold yarns comprise stretch yarns with higher relative lateral tension force, and the extension yarns comprise stretch yarns with lower relative lateral tension force, and the extension yarns having a greater stretch characteristic than the hold yarns, the hold yarns comprise weft yarns, the extension yarns comprise weft yarns.
Weening discloses a first zone (Abstract, paragraph 0006) comprises hold yarns (Claim 21 -paragraph 0029 and 0097 – Weening’s zone 2 which has less stretch), a second zone (Abstract, paragraph 0006) comprise extension yarns (Claim 21 – Weening’s zone 1 which has more stretch), and a third zone (paragraph 0009, 0044- the transition area between the first and second zones) comprising alternating groupings of hold and extension yarns (paragraphs 0030, 0033, 0040, 0042, 0043), the hold yarns comprise stretch yarns with higher relative lateral tension force (Claim 21 -paragraph 0029 and 0097 – zone 2 having less stretch), and the extension yarns comprise stretch yarns with lower relative lateral tension force (Claim 21 – zone 1 having more stretch), and the extension yarns having a greater stretch characteristic than the hold yarns (paragraphs 0030, 0033, 0040, 0042, 0043), the hold yarns comprise weft yarns (Abstract, paragraph 0008), the extension yarns comprise weft yarns (paragraphs Abstract, 0030, 0046 and 0048).
Tulin is analogous art to the claimed invention as it relates to garments made from a single woven fabric that includes varied stretch portions. Weening is analogous art to the claimed invention in that it teaches garments made from a single woven fabric that includes varied stretch portions.
It would have been obvious to one having ordinary skill in the art before the effective filing date
of the invention to have modified the pants material of Tulin, by constructing the pants being made with a first zone comprises hold yarns, a second zone comprise extension yarns, and a third zone comprising alternating groupings of hold and extension yarns, the hold yarns comprise stretch yarns with higher relative lateral tension force, and the extension yarns comprise stretch yarns with lower relative lateral tension force, and the extension yarns having a greater stretch characteristic than the hold yarns, the hold yarns comprise weft yarns, the extension yarns comprise weft yarns, and a warp yarn extends in a direction transverse to the hold and extension yarns, crossing the hold and extension yarns, the third zone is positioned between the first zone and second zone, as taught by Weening in order to form a shaping portions on the pair of pants. The modification of the material used to make the pants would be a simple modification of one known element for another to obtain predictable results, creating a pair of pants that unlike regular pants include engineered portions in strategic areas to provide slimming and silhouette enhancing capabilities.
Regarding claim 36, the modified pair of pants of the combined references discloses wherein a differential in stretch between first zone (Claim 21 – Weening’s zone 1 which has more stretch) and second zone (Claim 21 -paragraph 0029 and 0097 – Weening’s zone 2 which has less stretch) is in a range from about 10 percent to about 15 percent (paragraph 0175 of Tulin).
Regarding claim 37, the modified pair of pants of the combined references discloses wherein a differential in stretch between first zone and second zone is in a range from about 7 percent to about 15 percent (paragraph 0173 of Tulin).
Regarding claim 38, the modified pair of pants of the combined references discloses wherein a differential in stretch between first zone and second zone is in a range from about 7 percent to about 10 percent (paragraph 0173 of Tulin).
Regarding claim 39, the modified pair of pants of the combined references discloses wherein the second zone is positioned at a buttocks region of the pants (as seen in annotated Figures 3A and 3B of Tulin).
Regarding claim 40, the modified pair of pants of the combined references discloses wherein the second zone is positioned at a knee cap region of the pants (paragraph 0171 of Tulin).
Allowable Subject Matter
Claims 4, 12 and 35 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Applicant’s amendments have included the below limitations that have not been found in the prior art searches. As a result of the applicant’s submission dated 12/4/25, claims, 4, 12, and 35 dated 12/4/25 are deemed allowable.
The closest piece of prior art is Tulin US 20140165265 A1 (herein after Tulin) in view of Weening US 20170233904 A1 (herein after Weening). The current claims are distinguished from Tulin and Weening at least because Tulin and Weening do not teach, suggest, or disclose:
“…wherein the alternating groupings of hold and extension yarns in third zone comprises 1 extension yarn, then 6 hold yarns, then 2 extension yarns, then 5 hold yarns, then 3 extension yarns, then 4 hold yarns, 4 extension yarns, 3 hold yarns, 5 extension yarns, 2 hold yarns, 6 extension yarns, and 1 hold yarn.(claims 4, 12 and 35)…”.
Applicant’s amendments have included the limitations in the newly added dependent claims, that narrowing the scope of the available prior art of the claimed invention significantly. The prior art of record would not result in the claimed invention or be combinable without substantial rearrangement and/or hindsight reasoning. Consequently, claims 4, 12 and 35 are allowable. All dependent claims are allowable at least by virtue of their dependencies on any allowable claim.
Arguments
Applicant’s arguments have been fully considered but are not convincing. In view of Applicant's amendments, the search has been updated, and a rejection on the amended claims is applied above.
In response to the applicant’s arguments that Tulin's fabric does not have any "hold yarns," "stretch yarns," or "alternating groupings of hold and extension yarns", the examiner respectfully disagrees. Tulin, paragraphs 0170, 0171, 0173-0176, clearly state hold yarns the resist stretch and act with compressive characteristics. It also, paragraphs 0009 and 0017, and as disclosed in Figures 3A-3C show alternating groups of hold and extension yarns in order to provide the body shaping characteristics in the woven denim pants and while doing so allow for stretch to ensure the pants are comfortable to wear.
In response to the applicant’s arguments that Weening is very different from Tulin, the examiner respectfully disagrees. Both Weening and Tulin disclose garments that have controlled stretch capabilities. Both refer to woven garments including pants (paragraphs 0070, 0104, 0111 of Weening and as seen in annotated Figures 3A-3C, paragraphs 0170 - 0176) having varied, gradual zones of stretch.
In response to the applicant’s arguments that Weening does not show or suggest yarns with first and second stretch characteristics, the examiner respectfully disagrees. Weening (paragraphs 0030, 0033, 0046 and 0048, Abstract) teaches yarns having first and second stretch characteristics.
In response to the applicant’s arguments that Weening would not be interested in different stretch characteristics, since Weening's intent for its yarns are to create a visual pattern, the examiner respectfully disagrees. The invention of Weening is to create a material usable in garments that is capable of having transition zones with a plurality of bands of sets of weft and/or warp yarns that collectively provide a progressive transition for an attribute of the first zone type through at least the transition zone and to the second zone type, such as stretch (paragraphs 0030, 0033, 0046 and 0048, Abstract). The fabric constructed being particularly suited for use in apparel applications.
In response to the applicant’s arguments that if Tulin's coating were applied to Weening, it would obscure Weening's visual pattern. The invention of Weening has created a material usable in garments that is capable of having transition zones with a plurality of bands of sets of weft and/or warp yarns that collectively provide a progressive transition for an attribute of the first zone type through at least the transition zone and to the second zone type, such as stretch (paragraphs 0030, 0033, 0046 and 0048, Abstract). Tulin also teaches providing material characteristics to include, controlled stretch in specific zones with seamless transition. Each reference solves the same technical problems of controlling the characteristics of the material to provide controlled stretch. A coating of Tulin, that in some embodiments may be applied, would only provide further stability to the stretch and restriction of the woven material. Applicant’s argument regarding the viscosity or transparency of the coating of Tulin or even its location, or the visibility of one of many design options of the weave of Weening are not under examination. Applicant has provided no limiting limitations in the claims or disclosure that would prevent the combined references from reading on the claims as written or disclose the applicants invention as presented in the claims. Disclosed examples such as those referenced in Tulin and Weening and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments.” In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989).
In response to the applicant’s arguments that Tulin does not have a denim material with multiple woven stretch characteristics, the examiner respectfully disagrees. Tulin specifically states being a woven denim material with multiple stretch characteristics (paragraphs 0009, 0030, 0031, 0033 and 0170-0176 of Tulin).
In response to the applicant’s arguments that Weening does not have a weaving as claimed. Claims 4, 12 and 35 include allowable subject matter as outlined above.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE M FERREIRA whose telephone number is (571)270-5916, fax number (571) 270-6916. The examiner can normally be reached on Monday - Thursday 9:00 am- 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, ALISSA J. TOMPKINS, at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Catherine M. Ferreira/
Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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