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 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 1-27 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 discloses that “essentially all of the connecting yarns (8) are not interwoven with the second woven layer (3)” (emphasis added) and “essentially all of the connecting yarns (8) are not interwoven with the first woven layer (2)” (emphasis added). The use of the word “essentially” makes it unclear if the limitation is required or optional, thus rendering the claim indefinite.
With regard to claims 2-10, in that claims 2-10 depend from claim 1, claims 2-10 are similarly rejected.
Claim 3 discloses that “crossover distances are essentially the same”. The use of the word “essentially” makes it unclear if it is required for the crossover distances to be the same or if this is optional, thus rendering the claim indefinite.
Claim 11 discloses that “essentially all of the connecting yarns (8) are not interwoven with the second woven layer (3)” (emphasis added) and “essentially all of the connecting yarns (8) are not interwoven with the first woven layer (2)” (emphasis added). The use of the word “essentially” makes it unclear if the limitation is required or optional, thus rendering the claim indefinite.
With regard to claims 12-19, in that claims 12-19 depend from claim 11, claims 12-19 are similarly rejected.
Claim 20 discloses that “essentially all of the connecting yarns (8) are not interwoven with the second woven layer (3)” (emphasis added) and “essentially all of the connecting yarns (8) are not interwoven with the first woven layer (2)” (emphasis added). The use of the word “essentially” makes it unclear if the limitation is required or optional, thus rendering the claim indefinite.
With regard to claims 21-27, in that claims 21-27 depend from claim 20, claims 21-27 are similarly 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 (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, 3, 6-11, 16-21 and 25-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2021 129 762 (Thorpe et al. hereinafter). All references to the test of Thorpe et al. refer to USPAP 2025/0319837 which serves as the English translation.
With regard to claim 1, insofar as claim 1 is definite, Thorpe et al. discloses a multi-layer woven fabric (1) having a first side and a second side and having a warp (4) and weft (5) direction, wherein the weft (5) direction is perpendicular to the warp (4) direction, and wherein the multi-layer woven fabric (1) contains a central region and at least one outer region, wherein the central region has a starting edge area and an ending edge area in the weft (5) direction of the multi-layer woven fabric (1), wherein the central region comprises:
a first woven layer (2) having an upper and lower surfaces and comprising a plurality of first warp (4) yarns and first weft (5) yarns, wherein the upper surface of the first woven layer (2) forms the first side of the multi-layer woven fabric (1);
a second woven layer (3) having an upper and lower surfaces and comprising a plurality of second warp (4) yarns and second weft (5) yarns, wherein the lower surface of the second woven layer (3) forms the second side of the multi-layer woven fabric (1); and,
a plurality of connecting yarns (8), wherein the connecting yarns (8) connect the first woven layer (2) and the second woven layer (3), wherein each connecting yarn (8) has a stitching pattern that contains a first weave section (9a), a crossover section (between 9a’ and 9b), and a second weave section (9b);
wherein within the first weave section (9a) each connecting yarn (8) is interwoven only with the first warp (4) yarns of the first woven layer (2) and the first weave section (9a) begins at the starting edge area of the central region and ends at a final weave stitch with the first warp (4) yarns of the first woven layer (2);
wherein within the crossover section (between 9a’ and 9b) each connecting yarn (8) is not interwoven with any yarns of the multi-layer woven fabric (1), wherein the crossover section (between 9a’ and 9b) begins at the final weave stitch with the first warp (4) yarns of the first woven layer (2) and ends with a first weave stitch with the second warp (4) yarns of the second woven layer (3), wherein the length of connecting yarn (8) between the final weave stitch with the first warp (4) yarns and the first weave stitch with the second warp (4) yarns of the second woven layer (3) is defined as the crossover distance;
wherein within the second weave section (9b) each connecting yarn (8) is interwoven only with the second warp (4) yarns of the second woven layer (3) and the second weave section (9b) begins at the first weave stitch with the second warp (4) yarns of the second woven layer (3) and ends at the ending edge area of the central region; and
wherein within the starting edge area of the central region essentially all of the connecting yarns (8) are not interwoven with the second woven layer (3) and at least a portion of the connecting yarns (8) are interwoven with the first woven layer (2), and wherein within the ending edge area of the central region essentially all of the connecting yarns (8) are not interwoven with the first woven layer (2) and at least a portion of the connecting yarns (8) are interwoven with the second woven layer (3).
With regard to claim 3, insofar as claim 3 is definite, Thorpe et al. discloses the multi-layer woven fabric of claim 1, wherein crossover distances are essentially same for every connecting yarn (8), defined as being within 10% of the average length of the crossover distances (Fig. 4).
With regard to claim 6, insofar as claim 6 is definite, Thorpe et al. discloses the multi-layer woven fabric of claim 1, wherein within the central region, the first warp (4) yarns and first weft (5) yarns within the first woven layer (2) are in a plain weave construction (paragraph [0011]), and wherein within the central region, the second warp (4) yarns and second weft (5) yarns within the second woven layer (3) are in a plain weave construction (paragraph [0011]).
With regard to claim 7, insofar as claim 7 is definite, Thorpe et al. discloses he multi-layer woven fabric of claim 1, wherein in the first weave section (9a), the connecting yarn (8) contains a plurality of stitches and floats (between 9a’ and 9a’) with the first warp (4) yarns, and wherein in the second weave section (9b), the connecting yarn (8) contains a plurality of stitches and floats with the second warp yarns (paragraphs [0085], [0087], and [0088]).
With regard to claim 8, insofar as claim 8 is definite, Thorpe et al. discloses the multi-layer woven fabric of claim 1, wherein first layer (2) and second layer (3) are interwoven in at least a portion of the outer region (at seam (6)).
With regard to claim 9, insofar as claim 9 is definite, Thorpe et al. discloses the multi-layer woven fabric of claim 1, wherein multi-layer woven fabric comprises two outer regions (6, on either end of the bag) running parallel to the starting edge area of the central region and the ending edge area of the central region.
With regard to claim 10, insofar as claim 10 is definite, Thorpe et al. discloses the multi-layer woven fabric of claim 1, wherein the first side and second side of the multi-layer woven fabric are treated with an air impermeable treatment (paragraph [0047]).
With regard to claim 11, insofar as claim 11 is definite, Thorpe et al. discloses an air impermeable multi-layer woven fabric comprising multi-layer woven fabric (1) having a first side and a second side and having a warp (4) and weft (5) direction, wherein the weft (5) direction is perpendicular to the warp (4) direction, and wherein the multi-layer woven fabric (1) contains a central region and at least one outer region, wherein the central region has a starting edge area and an ending edge area in the weft (5) direction of the multi-layer woven fabric (1), wherein the central region comprises:
a first woven layer (2) having an upper and lower surfaces and comprising a plurality of first warp (4) yarns and first weft (5) yarns, wherein the upper surface of the first woven layer (2) forms the first side of the multi-layer woven fabric (1);
a second woven layer (3) having an upper and lower surfaces and comprising a plurality of second warp (4) yarns and second weft (5) yarns, wherein the lower surface of the second woven layer (3) forms the second side of the multi-layer woven fabric (1); and,
a plurality of connecting yarns (8), wherein the connecting yarns (8) connect the first woven layer (2) and the second woven layer (3), wherein each connecting yarn (8) has a stitching pattern that contains a first weave section (9a), a crossover section (between 9a’ and 9b), and a second weave section (9b);
an air impermeable layer located on the first side and the second side of the multi-layer woven fabric (paragraph [0047]);
wherein within the first weave section (9a) each connecting yarn (8) is interwoven only with the first warp (4) yarns of the first woven layer (2) and the first weave section (9a) begins at the starting edge area of the central region and ends at a final weave stitch with the first warp (4) yarns of the first woven layer (2);
wherein within the crossover section (between 9a’ and 9b) each connecting yarn (8) is not interwoven with any yarns of the multi-layer woven fabric (1), wherein the crossover section (between 9a’ and 9b) begins at the final weave stitch with the first warp (4) yarns of the first woven layer (2) and ends with a first weave stitch with the second warp (4) yarns of the second woven layer (3), wherein the length of connecting yarn (8) between the final weave stitch with the first warp (4) yarns and the first weave stitch with the second warp (4) yarns of the second woven layer (3) is defined as the crossover distance;
wherein within the second weave section (9b) each connecting yarn (8) is interwoven only with the second warp (4) yarns of the second woven layer (3) and the second weave section (9b) begins at the first weave stitch with the second warp (4) yarns of the second woven layer (3) and ends at the ending edge area of the central region; and
wherein within the starting edge area of the central region essentially all of the connecting yarns (8) are not interwoven with the second woven layer (3) and at least a portion of the connecting yarns (8) are interwoven with the first woven layer (2), and wherein within the ending edge area of the central region essentially all of the connecting yarns (8) are not interwoven with the first woven layer (2) and at least a portion of the connecting yarns (8) are interwoven with the second woven layer (3).
With regard to claims 16 and 17, insofar as claims 16 and 17 are definite, in that claims 16 and 17 are substantially the same as claims 6 and 7, respectively, claims 16 and 17 are similarly rejected.
With regard to claim 18, insofar as claim 18 is definite, Thorpe et al. discloses the air impermeable multi-layer woven fabric of claim 11, wherein in the at least one outer region, the first woven layer (2) and the second woven layer (3) are attached (6).
With regard to claim 19, insofar as claim 19 is definite, in that claim 19 is substantially the same as claim 9, claim 19 is similarly rejected.
With regard to claim 20, insofar as claim 20 is definite, Thorpe et al. discloses an inflatable support article comprising:
air impermeable multi-layer woven fabric comprising multi-layer woven fabric (1) having a first side and a second side and having a warp (4) and weft (5) direction, wherein the weft (5) direction is perpendicular to the warp (4) direction, and wherein the multi-layer woven fabric (1) contains a central region and at least one outer region, wherein the central region has a starting edge area and an ending edge area in the weft (5) direction of the multi-layer woven fabric (1), wherein the central region comprises:
a first woven layer (2) having an upper and lower surfaces and comprising a plurality of first warp (4) yarns and first weft (5) yarns, wherein the upper surface of the first woven layer (2) forms the first side of the multi-layer woven fabric (1);
a second woven layer (3) having an upper and lower surfaces and comprising a plurality of second warp (4) yarns and second weft (5) yarns, wherein the lower surface of the second woven layer (3) forms the second side of the multi-layer woven fabric (1); and,
a plurality of connecting yarns (8), wherein the connecting yarns (8) connect the first woven layer (2) and the second woven layer (3), wherein each connecting yarn (8) has a stitching pattern that contains a first weave section (9a), a crossover section (between 9a’ and 9b), and a second weave section (9b);
an air impermeable layer located on the first side and the second side of the multi-layer woven fabric (paragraph [0047]);
wherein within the first weave section (9a) each connecting yarn (8) is interwoven only with the first warp (4) yarns of the first woven layer (2) and the first weave section (9a) begins at the starting edge area of the central region and ends at a final weave stitch with the first warp (4) yarns of the first woven layer (2);
wherein within the crossover section (between 9a’ and 9b) each connecting yarn (8) is not interwoven with any yarns of the multi-layer woven fabric (1), wherein the crossover section (between 9a’ and 9b) begins at the final weave stitch with the first warp (4) yarns of the first woven layer (2) and ends with a first weave stitch with the second warp (4) yarns of the second woven layer (3), wherein the length of connecting yarn (8) between the final weave stitch with the first warp (4) yarns and the first weave stitch with the second warp (4) yarns of the second woven layer (3) is defined as the crossover distance;
wherein within the second weave section (9b) each connecting yarn (8) is interwoven only with the second warp (4) yarns of the second woven layer (3) and the second weave section (9b) begins at the first weave stitch with the second warp (4) yarns of the second woven layer (3) and ends at the ending edge area of the central region; and
wherein within the starting edge area of the central region essentially all of the connecting yarns (8) are not interwoven with the second woven layer (3) and at least a portion of the connecting yarns (8) are interwoven with the first woven layer (2), and wherein within the ending edge area of the central region essentially all of the connecting yarns (8) are not interwoven with the first woven layer (2) and at least a portion of the connecting yarns (8) are interwoven with the second woven layer (3),
wherein the air impermeable multi-layer woven fabric is configured to form a three-dimensional enclosed space (7) having an outer surface and an inner surface; and,
a port through the air impermeable multi-layer woven fabric (paragraph [0101]).
With regard to claim 21, insofar as claim 21 is definite, Thorpe et al. discloses the inflatable support article of claim 20, further comprising an air source capable of introducing gas into the three-dimensional enclosed space through the port (paragraph [0101]).
With regard to claims 25, 26 and 27, insofar as claims 25, 26 and 27 are definite, in that claims 25, 26 and 27 are substantially the same as claims 6, 7 and 8, respectively, claims 25, 26 and 27 are similarly rejected.
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, 4, 5, 13-15, 22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorpe et al.
With regard to claim 2, insofar as claim 2 is definite, Thorpe et al. discloses all of the limitations except for wherein the crossover distance is between about 4 and 8 inches.
It is known that crossover distance determines the depth or thickness of the inflatable (paragraph [0078] of Thorpe et al.). Therefore, the crossover distance is considered a result effective variable. Since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the apparatus of Thorpe et al. with the crossover distance being between about 4 and 8 inches to achieve a desired depth or thickness. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 198).
With regard to claim 4, insofar as claim 4 is definite, Thorpe et al. discloses all of the limitations except for wherein at least two connecting yarns have different first weave section widths.
Since Applicant has not disclosed that having at least two connecting yarns have different first weave section widths solves any stated problem or is for any particular purpose above the fact that this describes the spacing of the connecting yarns and it appears that the apparatus of Thorpe et al. would perform equally well with at least two connecting yarns have different first weave section widths as claimed by Applicant, it would have been an obvious matter of design choice to modify the apparatus of Thorpe et al. by utilizing at least two connecting yarns with different first weave section widths as claimed.
With regard to claim 5, insofar as claim 5 is definite, the Thorpe et al. modification with regard to claim 4 discloses the multi-layer woven fabric of claim 1, wherein the distance between the first weave stitch with the second warp yarns of the second woven layer the ending edge area of the central region is defined as the second weave section width and wherein at least two connecting yarns have different second weave section widths.
With regard to claim 13, insofar as claim 13 is definite, Thorpe et al. discloses all of the limitations except for wherein the air impermeable layer has a thickness of between about 25 and 100 microns.
Since Applicant has not disclosed that having the air impermeable layer have a thickness of between about 25 and 100 microns solves any stated problem or is for any particular purpose above the fact that this discloses the thickness of the air impermeable layer and it appears that the apparatus of Thorpe et al. would perform equally well with the air impermeable layer having a thickness of between about 25 and 100 microns as claimed by Applicant, it would have been an obvious matter of design choice to modify the apparatus of Thorpe et al. by utilizing the disclosed thickness.
With regard to claim 14, insofar as claim 14 is definite, the Thorpe et al. modification with regard to claim 2 discloses the air impermeable multi-layer woven fabric of claim 11, wherein the crossover distance is between about 2 and 8 inches.
With regard to claim 15, insofar as claim 15 is definite, the Thorpe et al. modification with regard to claims 4 and 5 discloses the air impermeable multi-layer woven fabric of claim 11, wherein the distance between the starting edge area of the central region and the final weave stitch with the first warp yarns of the first woven layer is defined as the first weave section width and wherein at least six connecting yarns have different first weave section widths, and wherein the distance between the first weave stitch with the second warp yarns of the second woven layer the ending edge area of the central region is defined as the second weave section width and wherein at least six connecting yarns have different second weave section widths.
With regard to claim 22, insofar as claim 22 is definite, Thorpe et al. discloses all of the limitations except for wherein the inflatable support article holds an air pressure of at least three fourths (75%) of an initial inflating pressure chosen between in a range of between 16.9 and 20.7 kPa (1.0 and 3.0 PSI) for at least 24 hours.
It is well settled that it is possible for functional language to define structure, but that where no distinguishing structure has been defined, the claim is not patentable and is fully met by the reference. See In re Swinehart, 169 USPQ 226. See also General Electric v. United States, 198 USPQ 73 which further reinforced the concept that functional language which defines no structure cannot distinguish over the prior art.
With regard to claim 24, insofar as claim 24 is definite, in that claim 24 is substantially the same as claim 15, claim 24 is similarly rejected.
Claim(s) 12 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorpe et al. in view of USPAP 2018/0119320 (Candrian-Bell et al. hereinafter).
With regard to claim 12, insofar as claim 12 is definite, Thorpe et al. discloses all of the limitations except for wherein the air impermeable layer comprises thermoplastic urethane.
Candrian-Bell et al. teaches an inflatable item with an air impermeable layer wherein the air impermeable layer comprises thermoplastic urethane (paragraph [0040]).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus of Thorpe et al. by providing that the air impermeable layer comprises thermoplastic urethane as taught in Candrian-Bell et al. for the purposes of creating an air tight inflatable structure and improve the fabric’s structural characteristics (paragraph [0040] of Candrian-Bell et al.).
With regard to claim 23, insofar as claim 23 is definite, in that claim 23 is substantially the same as claim 12, claim 23 is similarly rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP’s 5,682,771, 5,651,395, 3,670,504, 11,007,969 and 9,447,528 as well as USPAP 2011/0061842 each disclose structures similar to that claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R EASTMAN whose telephone number is (571)270-3132. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin C. Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON R EASTMAN/Primary Examiner, Art Unit 3673