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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. In claim 23 “two surfaces form a single layer” is not shown in the drawings. Also claim 28, “a single or double pique pattern” is not shown. These must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 14, 21, 22, 25, 31, 32, 46 and 52 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 2016/0270962).
The disclosure of Wang et al. teaches the device as claimed including at least two surfaces (face surface 1 and rear surface 2), wherein one of the at least two surfaces is a face surface and the other of the at least two surfaces is a rear surface, wherein the face surface (1) is a moisture-wicking surface ([0007] absorbs and transfers i.e. wicks),wherein the rear surface (2) is a moisture-absorbent surface ([0007], lines 6-7) , and wherein the face surface is capable of facing a user and a rear surface is opposite to the face surface as seen in figure 1. Regarding claims 14 and 52, at least in the embodiment of Example 2 [0049-0051], the rear surface comprises microfibers in an amount that is greater than the amount of microfibers in the face surface. Regarding claim 21, the face surface comprises a moisture-wicking material selected from natural yarn, natural fibers, cellulosic fibers (seed, bast, leaf or grass), natural protein fibers (hair, fur, or secretion), synthetic yarn, synthetic fibers (polyesters, polyamides, polyolefins, polyurethanes, elastomerics or acrylonitriles) manufactured cellulosic materials, recycled natural, recycled synthetics or other novel bio-based materials, or combinations thereof ([0009]-[0010]). Regarding claim 22, the rear surface comprises a moisture absorbent material selected from natural yarn, natural fibers, cellulosic fibers (seed, bast, leaf or grass), natural protein fibers (hair, fur, or secretion), synthetic yarn, synthetic fibers (polyesters, polyamides, polyolefins, polyurethanes, elastomerics or acrylonitriles) manufactured cellulosic materials, recycled natural, recycled synthetics or other novel bio-based materials, or combinations thereof ([0021]-[0022]). Regarding claim 25, a barrier layer (3) positioned on the rear surface opposite to the face surface. Regarding claims 31 and 32, each of examples fall within the claimed moisture absorbency. Regarding claim 46, the disclosure of Wang et al. teaches the method as claimed including causing a gusset performance structure (in this case the composite fabric of figure 1) to comprise at least two surfaces (1, 2), wherein one of the at least two surfaces is a face surface and the other of the at least two surfaces is a rear surface, causing the face surface to be positioned in a direction facing a user, causing the rear surface to be positioned in a direction opposite to the face surface, causing the face surface to comprise a moisture-wicking material, and causing the rear surface to comprise a moisture-absorbent material.
Claim Rejections - 35 USC § 103
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 2, 3, 5, 8, 18, 19 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2016/0270962).
The disclosure of Wang et al. (US 2016/0270962) teaches the invention substantially as claimed as indicated previously in the rejection to claim 1. The disclosure of Wang et al. (US 2016/0270962) does not explicitly set forth the hydrophobic yarn in an amount of about 29% to about 62% based on a total composition of the overall device weight. However, at paragraph [0008] the disclosure of Wang et al. (US 2016/0270962) notes that the percentage of hydrophobic and hydrophilic fibers affects lateral wicking. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose through routine experimentation a specific percent of hydrophobic and hydrophilic fibers including the hydrophobic yarn in an amount of about 29% to about 62% for the purpose of minimizing or eliminating lateral wicking as suggested by the disclosure Wang et al. at paragraph [0008], lines 9-11. Additionally regarding claim 3, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose through routine experimentation a specific percent of hydrophobic and hydrophilic fibers including the hydrophobic yarn in an amount of about 49% to about 100% for the purpose of minimizing or eliminating lateral wicking as suggested by the disclosure Wang et al. at paragraph [0008], lines 9-11. Concerning claim 5, the disclosure of Wang et al. (US 2016/0270962) does not explicitly set forth the rear surface (2) with a hydrophilic yarn of about 38% to about 71%. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose through routine experimentation a specific percentage of hydrophilic fibers for the rear surface (2) including a hydrophilic percentage yarn in an amount of about 38% to about 71% for the purpose of optimizing the absorption capacity of the second layer as suggested by Wang et al. at paragraph [0020], lines 15-17. Additionally regarding claim 8 , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose through routine experimentation a specific percent of hydrophobic yarn in an amount of about 29% to about 62% based on a total composition of a material of the face surface for the purpose of minimizing or eliminating lateral wicking as suggested by the disclosure Wang et al. at paragraph [0008], lines 9-11. Regarding claims 18 and 19, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose through routine experimentation a specific percentage of hydrophilic fibers for the rear surface (2) including a hydrophilic percentage yarn in an amount of about 38% (or 58) to about 71% for the purpose of optimizing the absorption capacity of the second layer as suggested by Wang et al. at paragraph [0020], lines 15-17. Regarding claim 26, Wang et al. provides multiple microfiber sizes in the first layer including 1.53 denier (1.7 dtex [0050]). However, Wang does not explicitly set forth 0.5-1.5 denier (0.56 -1.67 dtex). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose from different microfiber sizes including 0.5-1.5 denier per filament in order to optimize the thickness and surface area of the fibers.
Claims 23, 27, 28 and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2016/0270962) in view of Emden (US 2008/0096001).
The disclosure of Wang et al. teaches the invention substantially as claimed except for the claimed single layer, shaped knit pattern and pique stitch. Emden teaches a hydrophilic/hydrophobic formed from a single layer, shaped knit with a pique stitch as set forth at paragraphs [0077]-[0079]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose a single layer, shaped knit, pique stitch for the fabric formation of Wang et al in order to avoid the additional bonding steps required for the double layer material of Wang et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant is reminded that all business with the Patent and Trademark Office should be transacted in writing. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt. 37 C.F.R. 1.2
Further it is noted that a complete response must satisfy the requirements of 37 C.F.R. 1.111, including:
-The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.
-A general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section.
-Moreover, The prompt development of a clear issue requires that the replies of the applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06, MPEP 714.02. The "disclosure" includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANNY WORRELL whose telephone number is (571)272-4997. The examiner can normally be reached on M, W-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANNY WORRELL/Primary Examiner, Art Unit 3732
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