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 .
Response to Amendment
This is in response to amendment received on 04/23/26. Claims 1, 9-20, 22-24, 26, 28-29, 31 and 33-38 have been amended. Claims 2-11, 20, 22-31 and 33-39 are withdrawn, it is noted that previously pending claims 38 and 39 have been amended to depend upon withdrawn claim 20, making them withdrawn at this time. Claims 1 and 13-19 are examined herein.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 12, 16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carr et al. (US 2019/0343194).
In regard to claim 1, Carr et al. teaches an article of apparel having thermal regulating zones (shirt: 10), comprising: at least one first thermal zone comprising in a woven outer fabric layer and a knitted inner liner positioned underneath the woven outer fabric layer (paragraphs 0038-0039: layer 210 is woven outer fabric and paragraphs 0032-0033 is the knitted liner), wherein the woven outer fabric layer configured to have has a low moisture regain (paragraph 0037), a back side of the woven outer fabric layer overlays and a front side of the knitted inner liner (see figures 1A-1C and 2, paragraph 0027), a back side of the woven outer fabric layer overlays a front side of the knitted inner liner and a back side of the knitted inner liner opposite the front side of the knitted inner liner is configured to face a wearer when worn (paragraph 0027); and, at least one second thermal zone comprising a knitted fabric layer (knitted layer 205, without layer 210: paragraph 0057), wherein the at least one second thermal zone is free of the woven outer fabric layer overlaying a front side of the knitted fabric layer (paragraph 0057), and the knitted fabric layer of the second thermal and the knitted inner liner of the first thermal zone are integrally joined in a single seamless knit fabric (paragraph 0035); wherein in the at least one first thermal zone, an outer perimeter of the back side of the woven outer fabric layer is attached to the front side of the knitted inner liner (see figures 1-2 and paragraph 0066).
In regard to claim 12, Carr et al. teaches wherein the knitted inner liner of the first thermal zone and/or the knitted fabric layer of the second thermal zone comprises a first compression zone having a first level of compression and a second compression zone having a second level of compression, wherein the first level of compression is greater than the second level of compression (paragraph 0035).
In regard to claim 16, Carr et al. teaches wherein the knitted inner liner is a weft or warp knitted fabric comprising a first first knitted inner liner yarn and a second knitted inner liner yarn, the first knitted inner liner yarn being a synthetic polymer yarn, a natural fiber, a regenerated cellulosic fiber yarn, or a yarn comprising a blend of natural or regenerated cellulosic fibers with synthetic fibers, the second knitted inner liner yarn being an elastane yarn, and wherein the knitted inner liner stretches in a weft direction and/or in a warp direction (paragraphs 0028-0032).
In regard to claim 18, Carr et al. teaches wherein the first knitted inner liner yarn is polyester yarn and the second knitted inner liner yarn is an elastane yarn (paragraph 0028).
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.
Claim(s) 13-15, 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carr et al. (US 2019/0343194) in view of Dandapure et al. (US 2023/0172294).
Carr et al. fails to teach the back side of the knitted inner liner is brushed, the knitted liner/outer layer having a DWR finish, the knitted liner being constructed from a plaited yarn, and the outer fabric layer comprises elastic warp and weft yarn.
In regard to claim 13, Dandapure et al. teaches wherein the outer fabric layer further comprises at least one elastic warp yarn and at least one elastic weft yarn (woven outer layer includes woven yarns plaited with elastane which would comprise elastic yarn in the warp and weft construction, paragraphs 0008, 0016 and 0042).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the outer fabric layer of Carr et al. with the elastic weft and warp yarns as taught by Dandapure et al., since the outer layer being provided with an elastic weft and warp yarns would provide the outer layer with some compression and stretch while remaining durable and comfortable.
In regard to claim 14, Dandapure et al. teaches wherein the outer fabric layer comprises a durable water repellency (DWR) additive finishing (paragraph 0026).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the outer fabric layer of Carr et al. with the DWR additive/finishing as taught by Dandapure, since the outer fabric layer of Carr et al. provided with a DWR additive/finishing would provide water repellency to the outer layer keeping it dry from moisture.
In regard to claim 15, Dandapure et al. teaches a garment with a knitted inner liner, wherein the back side of the knitted inner liner is brushed, or wherein the knitted fabric laver of the second thermal zone has a back side opposite the front side, the back side of the knitted fabric layer is configured to face a wearer when worn, and the back side of the knitted fabric layer is brushed (paragraph 0021 and 0043).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the knitted inner liner of Carr et al. with the brushed back side of Dandapure et al., since the brushed knitted inner liner of Carr et al. would provide a soft and comfortable layer against the user’s skin.
In regard to claim 17, Dandapure et al. teaches a garment with wherein the knitted inner liner comprises a synthetic polymer yarn plaited with an elastane yarn (paragraph 0043).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the knitted inner liner of Carr et al. with the synthetic yarn plaited with an elastane yarn of Dandapure et al., since the knitted yarn of Carr et al. being a plaited synthetic elastane yarn would provide a more durable knitted inner layer.
In regard to claim 19, Dandapure et al. teaches wherein the knitted inner liner comprises a durable water repellency (DWR) additive and or finishing (connecting yarn: 16 is provided with a DWR and is knitted with the inner liner: see annotated figure above and 44).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the knitted inner liner of Carr et al. with the DWR additive/finishing as taught by Dandapure, since the knitted inner liner of Carr et al. provided with a DWR additive/finishing would provide water repellency to the knitted layer keeping it dry from moisture.
Dandapure teaches the outer and inner fabric layer is woven or knitted (paragraphs 0028-0032). Dandapure et al. and Davis fail to teach the outer fabric layer is an outer woven fabric layer with an inner knitted layer.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any of the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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