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
The amendment filed on 06/03/2026 has been entered. Claims 80-81 and 83-100 are currently pending in the application. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 06/03/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed feature "in the first knit course a held stitch in the first set of held stitches is separated from an adjacent held stitch in the first set of held stitches by a knit stitch that forms a wale, the knit stitch interlooping with knit stitches of the first knit course and the second knit course, the wale extending between the first knit course and the second knit course" in claim 80 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 80-81, 83-91 and 100 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 pre-AIA the applicant regards as the invention.
Claim 80 recites the limitation "an opposite wale-wise direction", which renders the claim indefinite. It is unclear which direction should be considered as being "opposite". The claim has previously set forth "a first wale-wise direction". It is unclear whether the term "opposite" is referring to "opposite" to the first wale-wise direction or another direction. For examination purposes, the limitation has been construed to be a second wale-wise direction opposite to the first wale-wise direction.
Claim 91 recites the limitation "in the first knit course a held stitch in the first set of held stitches is separated from an adjacent held stitch in the first set of held stitches by a knit stitch that forms a wale, the knit stitch interlooping with knit stitches of the first knit course and the second knit course, the wale extending between the first knit course and the second knit course", which renders the claim indefinite. First, the limitation defines "a knit stitch that forms a wale". It is known that a wale is column of multiple loops or multiple stitches in knitting, generally not "a" knit stitch. Second, the limitation further requires "the knit stitch interlooping with knit stitches of the first knit course and the second knit course". This confirms that the "knit stitch" is not only "in the first knit course", but spanning multiple courses and extending all the way to the "second knit course". It is noted that a knit course is a single row of knit stitches. As such, it is unclear what the "knit stitch" is; and it is also unclear what is actually included in the first knit course. Therefore, the metes and bounds of the claim are unclear and cannot be ascertained. For examination purposes, the limitation has been construed to be "a held stitch in the first set of held stitches is separated from an adjacent held stitch in the first set of held stitches by knit stitches that form a wale, the knit stitches interlooping with the first knit course and the second knit course, the wale extending between the first knit course and the second knit course".
Claim 100 recites the limitation "each base rib". The claim has previously defined a plurality of base ribs. It is unclear whether the limitation is referring to the previously defined plurality of base ribs or different base ribs. For examination purposes, the limitation has been construed to be "each of the plurality of base ribs".
The remaining claims each depend from a rejected base claim and are likewise rejected.
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 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.
Claims 80-81, 86-92 and 96-97 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horimoto (JP 2002146654 A).
Regarding claim 80, Horimoto discloses an article of apparel (fig. 1; see English translation; paras. 0014, 0025) comprising:
a knit textile (figs. 1-2; paras. 0014-0015) having a first knit construction (a protrusion 7; figs. 2-4; para. 0015) comprising:
a first knitted rib portion (see annotated fig. 2) comprising:
a first knit course (see annotated fig. 2), and
a second knit course (see annotated fig. 2) coupled to the first knit course via a first set of held stitches (between the first and second knit courses; see annotated fig. 2; para. 0015), the first set of held stitches spanning a first set of intermediary knit courses (see annotated fig. 2) positioned between the first knit course and the second knit course (see annotated fig. 2); and
a second knitted rib portion (see annotated fig. 2) comprising:
a third knit course (see annotated fig. 2) that is interlooped with the first knit course (see annotated fig. 2), and
a fourth knit course (see annotated fig. 2) that is interlooped with the second knit course (see annotated fig. 2), coupled to the third knit course via a second set of held stitches (between the third and fourth knit courses; see annotated fig. 2; para. 0015), the second set of held stitches spanning a second set of intermediary knit courses (see annotated fig. 2) positioned between the third knit course and the fourth knit course (see annotated fig. 2), wherein the third knit course is offset from the first knit course in a first wale-wise direction (in a positive wale-wise direction; see annotated fig. 2) and the fourth knit course is offset from the second knit course in an opposite wale-wise direction (in a negative wale-wise direction; see annotated fig. 2),
wherein the second set of intermediary knit courses includes a different number of knit courses than the first set of intermediary knit courses (see annotated fig. 2), and wherein the first set of intermediary knit courses and the second set of intermediary knit courses share at least one common knit course (see annotated fig. 2),
wherein the first and second knitted rib portions define a single rib structure (part of a protrusion 7; see fig. 3 and annotated fig. 2; para. 0015), and wherein the first knitted rib portion has a first height as measured in the z-direction of the knit textile (determined by the number of held stitches; figs. 2-4; para. 0018), and the second knitted rib portion has a second height as measured in the z-direction of the knit textile (determined by the number of held stitches; figs. 2-4; para. 0018), the second height being different from the first height (as the number of held stitches are different; see annotated fig. 2; para. 0018).
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Annotated Fig. 2 from JP 2002146654 A
Regarding claim 81, Horimoto discloses the article of apparel of claim 80, and further discloses wherein the first knitted rib portion and the second knitted rib portion form the single rib structure (part of a protrusion 7; see fig. 3 and annotated fig. 2; para. 0015) that extends in a course-wise direction of the knit textile (see annotated fig. 2), the single rib structure extending in a z-direction with respect to an x, y plane of the knit textile (as protruding; see fig. 3 and annotated fig. 2).
Regarding claim 86, Horimoto discloses the article of apparel of claim 81, and further discloses wherein the article of apparel is a lower-body garment (fig. 1; para. 0014).
Regarding claim 87, Horimoto discloses the article of apparel of claim 86, and further discloses wherein the single rib structure (the portion of protrusion 7; see figs. 1, 3 and annotated fig. 2) extends in a direction that is substantially parallel to a vertical axis (the rib structure having a dimension being substantially parallel to a vertical axis; see figs. 1, 3 and annotated fig. 2) extending from a waist opening of the lower-body garment to a leg opening of a leg portion of the lower-body garment (see figs. 1, 3 and annotated fig. 2).
Regarding claim 88, Horimoto discloses the article of apparel of claim 86, and further discloses wherein the lower-body garment comprises one of a short, a pant, a legging, or a capri (fig. 1; para. 0014).
Regarding claim 89, Horimoto discloses the article of apparel of claim 80, and further discloses wherein the first knit construction further comprises:
a fifth knit course (see annotated fig. 2), and
a sixth knit course (see annotated fig. 2) coupled to the fifth knit course via a third set of held stitches (see annotated fig. 2), the third set of held stitches spanning a third set of intermediary knit courses (see annotated fig. 2) positioned between the fifth knit course and the sixth knit course (see annotated fig. 2), wherein the third set of intermediary knit courses includes a different number of knit courses than each of the first set of intermediary knit courses and the second set of intermediary knit courses (see annotated fig. 2), and wherein the third set of intermediary knit courses shares the at least one common knit course with the first set of intermediary knit courses and the second set of intermediary knit courses (see annotated fig. 2).
Regarding claim 90, Horimoto discloses the article of apparel of claim 89, and further discloses wherein the first set of intermediary knit courses includes a greater number of knit courses than the second set of intermediary knit courses (see annotated fig. 2), and wherein the second set of intermediary knit courses includes a greater number of knit courses than the third set of intermediary knit courses (see annotated fig. 2).
Regarding claim 91, Horimoto discloses the article of apparel of claim 80, and further discloses wherein a held stitch in the first set of held stitches is separated from an adjacent held stitch in the first set of held stitches by knit stitches that form a wale (see annotated fig. 2), the knit stitches interlooping with knit stitches of the first knit course and the second knit course (see annotated fig. 2), the wale extending between the first knit course and the second knit course (see annotated fig. 2).
Regarding claim 92, Horimoto discloses an article of apparel (fig. 1; see English translation; paras. 0014, 0025) having a plurality of knitted rib structures (protrusions 7; figs. 2-4; para. 0015) extending in a course-wise direction of the knit textile (figs. 2-3; para. 0015) and further extending in a z-direction with respect to an x, y plane of the knit textile (figs. 2-4; para. 0015), wherein each knitted rib structure of the plurality of knitted rib structures comprises a first knitted rib portion (see annotated fig. 2) and a second knitted rib portion (see annotated fig. 2) that share at least one common knit course (see annotated fig. 2),
the first knitted rib portion having a first height measured in the z-direction of the knit textile (figs. 2-4; para. 0018), and
the second knitted rib portion having a second height measured in the z-direction of the knit textile (figs. 2-4; para. 0018), the second height different from the first height (as the number of held stitches are different; see annotated fig. 2; para. 0018), wherein each knitted rib structure of the plurality of knitted rib structures tapers in height from the first-knitted rib portion to the second knitted rib portion along the common knit course (as the number of held stitches decreases from the first knitted rib portion to the second knitted rib portion; see annotated fig. 2; para. 0018),
wherein the second knitted rib portion is offset relative to the first knitted rib portion in a wale-wise direction (as the second knitted rib portion having less held stitches in the wale direction; see annotated fig. 2).
Regarding claim 96, Horimoto discloses the article of apparel of claim 92, and further discloses wherein the article of apparel is a lower-body garment (fig. 1; para. 0014).
Regarding claim 97, Horimoto discloses the article of apparel of claim 96, and further discloses wherein each knitted rib structure (protrusions 7; see figs. 1, 3 and annotated fig. 2) extends in a direction that is substantially parallel to a vertical axis extending from a waist opening of the lower-body garment to a leg opening of the lower-body garment (the rib structure having a dimension being substantially parallel to a vertical axis; see figs. 1, 3 and annotated fig. 2).
Claims 80-81, 83-85 and 89-95 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshida (JP 2006070399 A).
Regarding claim 80, Yoshida discloses an article of apparel (figs. 1-2; see English translation; paras. 0001, 0026) comprising:
a knit textile (figs. 1-2, 6; paras. 0026, 0042) having a first knit construction (a protruding convex portion; fig. 6; paras. 0018, 0042) comprising:
a first knitted rib portion (see annotated fig. 6; para. 0042) comprising:
a first knit course (see annotated fig. 6; para. 0042), and
a second knit course (see annotated fig. 6; para. 0042) coupled to the first knit course via a first set of held stitches (see annotated fig. 6; para. 0042), the first set of held stitches spanning a first set of intermediary knit courses positioned between the first knit course and the second knit course (see annotated fig. 6; para. 0042); and
a second knitted rib portion (see annotated fig. 6; para. 0042) comprising:
a third knit course (see annotated fig. 6; para. 0042) that is interlooped with the first knit course (see annotated fig. 6; para. 0042), and
a fourth knit course (see annotated fig. 6; para. 0042) that is interlooped with the second knit course (see annotated fig. 6; para. 0042), coupled to the third knit course via a second set of held stitches (see annotated fig. 6; para. 0042), the second set of held stitches spanning a second set of intermediary knit courses positioned between the third knit course and the fourth knit course (see annotated fig. 6; para. 0042), wherein the third knit course is offset from the first knit course in a first wale-wise direction (in a positive wale-wise direction, "W" in fig. 6 representing a wale direction; see annotated fig. 6) and the fourth knit course is offset from the second knit course in an opposite wale-wise direction (in a positive wale-wise direction; see annotated fig. 6),
wherein the second set of intermediary knit courses includes a different number of knit courses than the first set of intermediary knit courses (see annotated fig. 6; para. 0042), and wherein the first set of intermediary knit courses and the second set of intermediary knit courses share at least one common knit course (see annotated fig. 6; para. 0042),
wherein the first and second knitted rib portions define a single rib structure (a portion of a ridge; see annotated fig. 6; para. 0042), and wherein the first knitted rib portion has a first height as measured in the z-direction of the knit textile (determined by the number of held stitches; see annotated fig. 6; para. 0042), and the second knitted rib portion has a second height as measured in the z-direction of the knit textile (determined by the number of held stitches; see annotated fig. 6; para. 0042), the second height being different from the first height (as the number of held stitches are different; see annotated fig. 6; para. 0042).
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Annotated Fig. 6 from JP 2006070399 A
Regarding claim 81, Yoshida discloses the article of apparel of claim 80, and further discloses wherein the first knitted rib portion and the second knitted rib portion form the single rib structure (a portion of a ridge; see annotated fig. 6; para. 000042) that extends in a course-wise direction of the knit textile (see annotated fig. 6; para. 0042), the single rib structure extending in a z-direction with respect to an x, y plane of the knit textile (protruding from a surface of the knitted textile; see annotated fig. 6; para. 0042).
Regarding claim 83, Yoshida discloses the article of apparel of claim 81, and further discloses wherein the article of apparel is an upper-body garment (figs. 1-2; paras. 0001, 0026).
Regarding claim 84, Yoshida discloses the article of apparel of claim 83, and further discloses wherein the single rib structure extends in a direction that is substantially parallel to a vertical axis (the rib structure having a dimension extending in a vertical direction, where the vertical direction is the wale direction; see figs. 1-2 and annotated fig. 6; para. 0029) extending from a neck opening of the upper-body garment to a waist opening of the upper-body garment (see figs. 1-2).
Regarding claim 85, Yoshida discloses the article of apparel of claim 83, and further discloses wherein the upper-body garment comprises one of a tank, a shirt, a hoodie, or a singlet (a tank; figs. 1-2; para. 0001).
Regarding claim 89, Yoshida discloses the article of apparel of claim 80, and further discloses wherein the first knit construction further comprises:
a fifth knit course (see annotated fig. 6; para. 0042), and
a sixth knit course (see annotated fig. 6; para. 0042) coupled to the fifth knit course via a third set of held stitches (see annotated fig. 6; para. 0042), the third set of held stitches spanning a third set of intermediary knit courses positioned between the fifth knit course and the sixth knit course (see annotated fig. 6; para. 0042), wherein the third set of intermediary knit courses includes a different number of knit courses than each of the first set of intermediary knit courses and the second set of intermediary knit courses (see annotated fig. 6; para. 0042), and wherein the third set of intermediary knit courses shares the at least one common knit course with the first set of intermediary knit courses and the second set of intermediary knit courses (see annotated fig. 6; para. 0042).
Regarding claim 90, Yoshida discloses the article of apparel of claim 89, and further discloses wherein the first set of intermediary knit courses includes a greater number of knit courses than the second set of intermediary knit courses (see annotated fig. 6), and wherein the second set of intermediary knit courses includes a greater number of knit courses than the third set of intermediary knit courses (see annotated fig. 6).
Regarding claim 91, Yoshida discloses the article of apparel of claim 80, and further discloses wherein a held stitch in the first set of held stitches is separated from an adjacent held stitch in the first set of held stitches by knit stitches that forms a wale (floating stitches are separated by 1-5 plain stitch forming a wale; see annotated fig. 6; para. 0021), the knit stitch interlooping with knit stitches of the first knit course and the second knit course (see annotated fig. 6), the wale extending between the first knit course and the second knit course (see annotated fig. 6; para. 0021).
Regarding claim 92, Yoshida discloses an article of apparel (figs. 1-2; see English translation; paras. 0001, 0026) comprising:
a knit textile (figs. 1-2, 6; paras. 0026, 0042) having a plurality of knitted rib structures (protruding convex portions; fig. 6; paras. 0018, 0042) extending in a course-wise direction of the knit textile (see annotated fig. 6; para. 0042) and further extending in a z-direction with respect to an x, y plane of the knit textile (as protruding; see annotated fig. 6; para. 0042), wherein each knitted rib structure of the plurality of knitted rib structures comprises a first knitted rib portion (see annotated fig. 6) and a second knitted rib portion (see annotated fig. 6) that share at least one common knit course (see annotated fig. 6; para. 0042),
the first knitted rib portion having a first height measured in the z-direction of the knit textile (determined by the number of held stitches; see annotated fig. 6; para. 0042), and
the second knitted rib portion having a second height measured in the z-direction of the knit textile (determined by the number of held stitches; see annotated fig. 6; para. 0042), the second height different from the first height (as the number of held stitches are different; see annotated fig. 6; para. 0042), wherein each knitted rib structure of the plurality of knitted rib structures tapers in height from the first-knitted rib portion to the second knitted rib portion along the common knit course (as the number of held stitches decreases from the first knitted rib portion to the second knitted rib portion; see annotated fig. 6; para. 0042),
wherein the second knitted rib portion is offset relative to the first knitted rib portion in a wale-wise direction (in both positive and negative wale-wise directions; see annotated fig. 6).
Regarding claim 93, Yoshida discloses the article of apparel of claim 92, and further discloses wherein the article of apparel is an upper-body garment (figs. 1-2; paras. 0001, 0026).
Regarding claim 94, Yoshida discloses the article of apparel of claim 93, and further discloses wherein each knitted rib structure of the plurality of knitted rib structures extends in a direction that is substantially parallel to a vertical axis (the rib structure having a dimension extending in a vertical direction, where the vertical direction is the wale direction; see figs. 1-2 and annotated fig. 6; para. 0029) extending from a neck opening of the upper-body garment to a waist opening of the upper-body garment (see figs. 1-2).
Regarding claim 95, Yoshida discloses the article of apparel of claim 93, and further discloses wherein the upper-body garment comprises one of a tank, a shirt, a hoodie, or a singlet (a tank; figs. 1-2; para. 0001).
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 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.
Claims 98-100 are rejected under 35 U.S.C. 103 as being unpatentable over Horimoto (JP 2002146654 A).
Regarding claim 98, Horimoto discloses the article of apparel of claim 92. Horimoto does not explicitly disclose wherein the knit textile further comprises a repeating pattern comprising a first plurality of knit courses knitted with a first yarn having a first color, a second plurality of knit courses knitted with a second yarn having a second color, and a third plurality of knit courses knitted with a third yarn having a third color, wherein each of the first color, the second color, and the third color are different. However, Horimoto has disclosed all the structural features of the claimed knit textile. It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the knitted textile of Horimoto having different decorative colors in the different zones as claimed, since applicant has not disclosed that such is for any particular purpose other than aesthetics. Further, it is noted that matters relating to aesthetics which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP 2144.04, I.
Regarding claim 99, Horimoto discloses the article of apparel of claim 98. Horimoto does not explicitly disclose wherein each knitted rib structure of the plurality of knitted rib structures visually presents the first color when viewed from a first viewing angle. However, Horimoto has disclosed all the structural features of the claimed knit textile. It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the knitted textile of Horimoto with the yarns of the first color so as to obtain a visual effect as claimed, since applicant has not disclosed that such is for any particular purpose other than aesthetics. Further, it is noted that matters relating to aesthetics which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP 2144.04, I.
Regarding claim 100, Horimoto discloses the article of apparel claim 80, and further discloses wherein the knit textile further comprises a plurality of base ribs (see figs. 3, 7) extending in a course-wise direction (as each rib having an oval shape; see figs. 3, 7; paras. 0015, 0017-0018, 0023), each base rib having a substantially constant height and width (see figs. 3-4, 7).
Horimoto does not explicitly disclose wherein each base rib is formed by a set of held stitches spanning from two to four intermediary knit courses. However, Applicant has not set forth any criticality for the number of intermediary knit courses of each base rib. In addition, Horimoto does disclose wherein the shape, size, and height of the base ribs can be appropriately selected (paras. 0012, 0018, 0027). Therefore, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the size and height of the base ribs as disclosed by Horimoto, with wherein each base rib is formed by a set of held stitches spanning from two to four intermediary knit courses, in order to provide a knitted fabric with desired rib patterns for certain applications. Such a configuration is within the level of one of ordinary skill in the art.
Claims 98-99 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (JP 2006070399 A).
Regarding claim 98, Yoshida discloses the article of apparel of claim 92. Yoshida does not explicitly disclose wherein the knit textile further comprises a repeating pattern comprising a first plurality of knit courses knitted with a first yarn having a first color, a second plurality of knit courses knitted with a second yarn having a second color, and a third plurality of knit courses knitted with a third yarn having a third color, wherein each of the first color, the second color, and the third color are different. However, Yoshida has disclosed all the structural features of the claimed knit textile. It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the knitted textile of Yoshida having different decorative colors in the different zones as claimed, since applicant has not disclosed that such is for any particular purpose other than aesthetics. Further, it is noted that matters relating to aesthetics which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP 2144.04, I.
Regarding claim 99, Yoshida discloses the article of apparel of claim 98. Yoshida does not explicitly disclose wherein each knitted rib structure of the plurality of knitted rib structures visually presents the first color when viewed from a first viewing angle. However, Yoshida has disclosed all the structural features of the claimed knit textile. It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the knitted textile of Yoshida with the yarns of the first color so as to obtain a visual effect as claimed, since applicant has not disclosed that such is for any particular purpose other than aesthetics. Further, it is noted that matters relating to aesthetics which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP 2144.04, I.
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied as necessitated by the amendment. Applicant's arguments with respect to the amended claims have been fully considered, but most of the arguments are moot in view of the new grounds of rejection as discussed supra. Applicant's other arguments are addressed as follows.
Applicant's remarks: with respect to Horimoto, Applicant asserts that Horimoto does not disclose a knitted rib structure having first and second knitted rib portions formed from knit courses that are offset relative to one another in opposing wale-wise directions, as recited in amended claim 80, because the protrusion of Horimoto are formed as part of a continuous structure without such offset course pairings or laterally displaced rib portions.
Examiner's response: Examiner respectfully disagrees. Applicant appears to be arguing that first and second knitted rib portions as claimed cannot be formed as part of a continuous structure. However, the instant claims do not require the above feature. Instead, claim 80 only recites "a first knit construction" and "the first and second knitted rib portions define a single rib structure"; and claim 92 only recites "a plurality of knitted rib structure(s)" and "each knitted rib structure of the plurality of knitted rib structures comprises a first knitted rib portion and a second knitted rib portion". In addition, Horimoto discloses the protrusions have an oval shape, and also clearly shows the course offset features in Fig. 2 (see annotated fig. 2). Therefore, Applicant's argument is not persuasive.
Applicant's remarks: with respect to Yoshida, Applicant asserts that Yoshida does not disclose a knitted rib structure having first and second knitted rib portions formed from knit courses that are offset relative to one another in opposing wale-wise directions, as recited in amended claim 80, because the rejection identifies different regions within one protruding convex portion and assigns those regions to the recited rib portions, and Yoshida does not expressly disclose the course offset feature as claimed.
Examiner's response: Examiner respectfully disagrees. Applicant appears to be arguing that first and second knitted rib portions as claimed cannot be formed as part of a continuous structure. However, as discussed above, instant claim 80 does not require the above feature. In addition, Yoshida depicts the course offset features in Fig. 6 (see annotated fig. 6). Therefore, Applicant's argument is not persuasive.
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 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 AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA HUYNH can be reached on (571)272-4888. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732
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