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 .
Election/Restrictions
Applicant’s election of traverse to Species I, fig.1-2 claims 1-10 in the reply filed on 09/10/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 1-7 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, recites “a first cylindrical portion that extends from an end of a first side of the covering portion to the first side”, renders the claim indefinite because it is unclear which portion of the covering is a first end of the first side; which portion is a first side? How a cylindrical structure can be formed only a side of the covering?
Claim 1, recites “a second cylindrical portion that extends from an end of a second side of the covering portion… to the second side”, renders the claim indefinite because it is unclear which portion of the covering is a second end of the second side; which portion is a second side? How a cylindrical structure can be formed only a side of the covering?
Claim 1, recites “the first cylindrical portion via the covering portion”, renders the claim indefinite because it is unclear which structure encompassed by such limitation “via”? For the purpose of examination and as best understood the limitation is interpreted to means that “a first cylindrical portion that extends from an end of a first side of the covering portion; and a second cylindrical portion that extends from an end of a second side of the covering portion, which is different from the first side, and is continuous with the covering portion”.
Claim 1, recites “the first cylindrical portion includes a first circumferential portion” it is unclear and confusing and whether both sides or a first and second sides to form a circumferential portion of the cylindrical? If one of the covering cannot form a cylindrical?
Claims 2-7 are dependent of claim 1, and are likewise indefinite.
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) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yokoyama (6805681).
Regarding claim 1, Yokoyama discloses a wearable item (1) comprising: a covering portion that covers at least one of a heel, a knee, and an elbow when worn (fig.1); a first cylindrical portion (fig.1 shows portion b disposed on the medial side of the wearable article and a second portion b disposed on the lateral side of the wearable article) that extends from an end of a first side of the covering portion; and a second cylindrical portion that extends from an end of a second side of the covering portion, which is different from the first side, and is continuous with the covering portion (fig.1);
wherein the first cylindrical portion includes a first circumferential portion and a first low-elasticity portion (both sides of portion 7b formed the cylindrical portion and formed by woven rubber thread material, col.2, lines 5-30; furthermore, portion 7b is tight than portion 7a). But Yokoyama does not disclose the first circumferential portion is circumferentially provided around the first cylindrical portion and is knitted from first front yarn and first back yarn that has a higher coefficient of friction than the first front yarn, and the first low-elasticity portion is knitted in the first circumferential portion, and has lower elasticity than the first circumferential portion. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to experiment with different friction of the yarn in order to achieve an optimal configuration, since discovering an optimum value of coefficient of friction of the yarn involves routine skill in the art.
Regarding claim 2, Yokoyama does not disclose wherein an inside of the first circumferential portion has a higher coefficient of friction than an inside of the covering portion, and the first low-elasticity portion has lower elasticity than the covering portion. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to experiment with different friction of the yarn in order to achieve an optimal configuration, since discovering an optimum value of coefficient of friction of the yarn involves routine skill in the art.
Regarding claim 3, Yokoyama discloses portions 7a, 7b are formed of knitted and stitching method having woven rubber thread col.1, lines 40-48 and col.3, lines 1-16. But Yokoyama does not disclose wherein the first low-elasticity portion is formed by inserting boss yarn. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize as the claimed invention, such modification would be considered a mere choice of a preferred material involves on the basis of its suitability for the intended use.
Regarding claims 4-6, Yokoyama discloses wherein the second cylindrical portion includes a second circumferential portion (portion b/a on the lateral side of the sock, col.1, lines 40-48). But Yokoyama does not disclose a second low-elasticity portion, the second circumferential portion is circumferentially provided around the second cylindrical portion and is knitted from second front yarn and second back yarn that has a higher coefficient of friction than the second front yarn, and the second low-elasticity portion is knitted in the second circumferential portion, and has lower elasticity than the second circumferential portion; wherein an inside of the second circumferential portion has a higher coefficient of friction than an inside of the covering portion, and the second low-elasticity portion has lower elasticity than the covering portion; wherein the second low-elasticity portion is formed by inserting boss thread. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to experiment with different friction of the yarn in order to achieve an optimal configuration, since discovering an optimum value of coefficient of friction of the yarn involves routine skill in the art.
Regarding claim 7, Yokoyama discloses further comprising a through hole portion that is formed on a side of the first cylindrical portion opposite to the side of the second cylindrical portion and is knitted from third front yarn having a higher coefficient of friction than the first front yarn (fig.2 shows a hole at 2 is configured to allow wearer to insert human portion into the wearable structure.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Anastsopoulos et al. (2009/0044313) discloses a sock structure fig.1 having an opening at 19 and a covering portion at 12; and portion 22 formed various elastance density which is relevant to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Timothy K Trieu/Primary Examiner, Art Unit 3732
