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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-4, 15 and 16 in the reply filed on 1/16/2026 is acknowledged.
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 4 and 16 recites the limitation "density" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 4 depends on claim 1 which requires a yarn product and a low-density yarn. It is not clear if the density is referring to the low density yarn or the yarn product as a whole.
Claim Rejections - 35 USC § 103
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Masuda et al (US2019013421) in view of Ozawa et al (US 20130136892).
Masuda is directed to a bulky yarn that includes a sheath having continuously formed loops without any breakages and a core yarn that fixes the sheath yarn by being interlaced with the sheath yarn wherein the number of loops protruding from a yarn surface layer by not less than 3.0mm is 1 to 20 loops/mm (ABST).
Masuda teaches a bulky yarn with a core yarn that is equated with the claimed base yarn and a sheath yarn that is equated with an effect yarn. Masuda teaches low density sheath and core fibers. Masuda does not explicitly teach a low density yarn, however Masuda teaches a bulky yarn which would inherently be a low density yarn. As Masuda teaches the same materials and structure as claimed it is reasonable to presume the property of low-density is inherent to Masuda.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention the examiner has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02
Masuda does not teach a plurality of pieces of a low-density yarn formulated as a three-dimensional matrix.
Ozawa teaches this stuffed article is made of a ticking filled with a stuffing. The stuffing is a long-fiber wad formed by integrating an effect yarn with a core yarn. The effect yarn is opened to form loop-like fibers. The above-described long-fiber wad is composed of long fibers.
The long fiber wad is equated with a three-dimensional matrix. The length of the wad can be in a range of several tens of centimeters to several hundreds of thousands of meters or more. At the time of being integrated with ticking, the fibers can be folded to the length of one side of the ticking, or may be cut to a predetermined length [0045].
As the long fibers are cut to form the wad, the wad is formed of pieces.
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine cut bulky yarn pieces into a wad motivated to produce a 3-D stuffing for a ticking.
As to claim 2, Matsuda teaches the core yarn (base yarn) and the sheath yarn (effect yarn) can be low density polypropylene [0056], Matsuda teaches the core and sheath yarns in the examples in Table 1 are PET 1 and PET 2 and PET 3.
As to claim 3, Matsuda teaches the low density yarn is formulated as loop that extends substantially radially from the base yarn.
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Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Masuda et al (US2019013421) in view of Ozawa et al (US 20130136892) in further view of Nishiumi et al (US 3923942).
As to claim 4, Masuda differs and does not teach the density of the product. Ozawa does not disclose the density.
Nishiumi is directed to a down like synthetic filler material that comprising spherical or particles made up of filamentary material with a denser concentration of filaments near the surface of the filler element and provided by an eccentric stream of gas which shapes the filaments into the spherical element (ABST).
The filler material is used for quilts, pillows, wind jackets, sleeping bags, cushions etc. (col. 1, lines 5-10). Nishiumi teaches the bulk density of the filamentary cylindrical bodies for the filler. The average bulk density is 1 to 30 mg/cm3 and most preferably between 1 and 20 mg/cm3. Below a density of 1 mg/cm3, the resistance against compression is too low, and above a density of 30 mg/cm3, compression resistance is too high. Thus a product cannot be made in either case (col. 5, lines 43-50). 30 mg/cm3 is equivalent to 30 gm/liter.
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a yarn product with the claimed density motivated to produce a filler with a density that has the optimal compression.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ozawa et al (US 20130136892).
Ozawa teaches this stuffed article is made of a ticking filled with a stuffing. The stuffing is a long-fiber wad formed by integrating an effect yarn with a core yarn. The effect yarn is opened to form loop-like fibers. The above-described long-fiber wad is composed of long fibers.
The long fiber wad is equated with a three-dimensional matrix. The length of the wad can be in a range of several tens of centimeters to several hundreds of thousands of meters or more. At the time of being integrated with ticking, the fibers can be folded to the length of one side of the ticking, or may be cut to a predetermined length [0045].
As the long fibers are cut to form the wad, the wad is formed of pieces.
Ozawa teaches a loop like fibers that are bulky [0035]. Ozawa does not explicitly teach a low density yarn, however Ozawa teaches a bulky yarn which would inherently be a low density yarn. As Ozawa teaches the same materials and structure as claimed it is reasonable to presume the property of low-density is inherent to Ozawa.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention the examiner has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02
It would have been obvious to one of ordinary skill in the art before the effective filing date to cut pieces of loop like fiber motivated to produce a wad for stuffing an article.
Claims 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ozawa et al (US 20130136892) in view of Nishiumi et al (US 3923942).
As to claim 16, Ozawa does not disclose the density.
Nishiumi is directed to a down like synthetic filler material that comprising spherical or particles made up of filamentary material with a denser concentration of filaments near the surface of the filler element and provided by an eccentric stream of gas which shapes the filaments into the spherical element (ABST).
The filler material is used for quilts, pillows, wind jackets, sleeping bags, cushions etc. (col. 1, lines 5-10). Nishiumi teaches the bulk density of the filamentary cylindrical bodies for the filler. The average bulk density is 1 to 30 mg/cm3 and most preferably between 1 and 20 mg/cm3. Below a density of 1 mg/cm3, the resistance against compression is too low, and above a density of 30 mg/cm3, compression resistance is too high. Thus a product cannot be made in either case (col. 5, lines 43-50). 30 mg/cm3 is equivalent to 30 gm/liter.
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a yarn product with the claimed density motivated to produce a filler with a density that has the optimal compression.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789