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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant claims a “knit weave” in claims 1-2. Applicant’s specification does not provide for a definition or description for a “knit weave”. A knitted structure is formed by interlocking loops of yarn through a process or looping. A woven structure is formed by warp and weft yarns being interlaced at right angles. Applicant’s disclosure of a “knit weave” in Applicant’s published specification in paragraph 0180 does not disclose warp and weft yarns being interlaced at right angles for weaving.
Claims 3-10 are rendered indefinite as they depend on indefinite claim 1.
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 1-10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 2 recite a “knit weave”. It is unclear if the fiber structure is a knit or woven structure or a fiber structure having a knit yarn layer and a woven layer. It is also unclear if the fiber structure includes a knit layer and a weave layer. A knitted structure is formed by interlocking loops of yarn through a process or looping. A woven structure is formed by warp and weft yarns being interlaced at right angles. Applicant’s disclosure of a “knit weave” in Applicant’s published specification in paragraph 0180 does not disclose warp and weft yarns being interlaced at right angles for weaving. It is unclear if the warp knit and weft knit are woven together at right angles. For purposes of examination, Examiner is interpreting the fiber structure to include a knit OR a weave OR a structure including a layer of knit and a woven layer.
Claim 2 depends upon claim 1 which recites a “knit weave”. Claim 2 recites a jersey stitch which is a knit structure. Additionally, claim 2 recites a rib stitch which is a knit structure. Claim 2 recites a plain stitch which is formed from knitting. A jersey stitch, rib stitch and plain stitch are formed by knitting and not with weaving.
Claims 3-10 are rendered indefinite as they depend upon indefinite claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
