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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/23/2025 has been entered.
Claims 80-99 are pending in this 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 Any rejection(s) and/or objection(s) made in the previous Office Action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 12/23/2025.
Claim Objections
Claim 80 is objected to because of the following informalities:
In claim 80, lines 9-10, "interloped" with two instances appears to rad "interlooped".
Appropriate correction is required.
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 81-88 and 92-99 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 81 recites the limitation "the first knitted rib portion and the second knitted rib portion form a knitted rib structure". Claim 81 depends from claim 80, and claim 80 has set forth "the first and second knitted rib portions define a single rib structure". It is unclear whether "a knitted rib structure" in claim 81 is referring to the previously defined "single rib structure" or different. In addition, claims 81, 84 and 87 each recite "the knitted rib structure", which renders the claims indefinite due to the same reason as discussed above. For examination purposes, "a knitted rib structure" in claim 81 has been construed to be "the single rib structure".
Claim 92 recites the limitation "the common knit course". The claim has previously defined at least one common knit course. In scenarios two or more common knit courses, it is unclear which common knit course is being referred to. For examination purposes, the limitation has been construed to be the at least one common knit course.
Claims 94 and 99 recite the limitation "each knitted rib structure". The claims each depend from claim 92, and claim 92 has set forth a plurality of knitted rib structures. It is unclear whether the limitation is referring to the same plurality of knitted rib structures or different knitted rib structures. For examination purposes, the limitation has been construed to be each of the plurality of knitted rib structures.
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 80-82, 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 interloped with the first knit course (see annotated fig. 2), and
a fourth knit course (see annotated fig. 2) that is interloped 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 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. 6 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 a knitted 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 knitted 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 82, Horimoto discloses the article of apparel of claim 81, wherein the first knitted rib portion has a different height as measured in the z-direction of the knit textile compared to the second knitted rib portion (as the first and second rib portions comprising different numbers of held stitches; see annotated fig. 2; paras. 0017-0018).
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 knitted 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 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 (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).
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 80-85 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 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 a knitted 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 knitted 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 82, Yoshida discloses the article of apparel of claim 81, and further discloses wherein the first knitted rib portion has a different height as measured in the z-direction of the knit textile compared to the second knitted rib portion (as the first and second rib portions comprising different numbers of courses of held stitches; 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 knitted 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 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 (floating stitches are separated by 1-5 plain stitch wales; see annotated fig. 6; para. 0021), 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).
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 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 98-99 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 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.
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 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 are moot in view of the new grounds of rejection as discussed supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional relevant references cited on attached PTO-892 form(s) can be used to formulate a rejection if necessary.
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.
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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