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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) 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.
Claims 1-3 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.
Claim 1 is rejected because it recites limitations “PVC”. It is not clear what it is.
Claim 2 is rejected because it recites limitation “the woven fabric” in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 is rejected because it recites limitations "but not limited to" render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
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 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Zhu (2004/0065072).
Regarding claim 1, Zhu discloses a PVC-free (para 0025) fabric for outdoor sun shading systems, characterized by comprising; triple yarn (fig 1) consisting comprising of twisted tertiary yarn (member 4) on twisted primary (member 2) and secondary colored yarns (member 3) in its weaving (fig 2, para 0033).
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (2004/0065072) in view of Conesa et al. (2010/0089017).
Regarding claim 2, Zhu teaches a production method of PVC-free fabric comprising the following processing steps (fig 1): plying yarns and preparing them for twisting (para 0009), twisting of high-strength, UV-resistant, colored primary and secondary colored yarns (para 0027), re-twisting of fixed yarn together with the tertiary yarn (para 0027), fixing the yarn (i.e. cohesiveness or knots, para 0022), weaving the triple yarn, which is ready for weaving, in a suitable construction with the predetermined weave pattern and density value by finishing treatment of the woven fabric (para 0049).
Zhu does not teach the steps of drawing of the yarns on spinning machines and obtaining roller blind fabric.
Conesa teaches a production method of blind fabric having a step of drawing yarns on spinning machines (para 0006).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the method of Zhu by using the step of drawing yarn from spinning machine and made blind fabric, as taught by Conesa, as the drawing yarn from spinning machine is well-known in art to make any fabric as needed.
Regarding claim 3, the modified method Zhu discloses in process step (iii) the yarns are, but not limited to, 1200 denier (para 0032), in the S twist direction with 100-500 TM (para 0009).
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA D. HUYNH can be reached at (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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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732
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