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.
Claim 5 is 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.
Specifically, the phrase “5 mm or less” is unclear. This range would seem to include a length of zero mm, which would mean no fiber is present. Is fiber present, or is no fiber an option?
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 88abasis 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, 4, and 5 is/are rejected, to the degree definite, under 35 U.S.C. 102(a)(1) as being anticipated by Goenka et al (20180347077).
In regards to Claims 1 and 5, Goenka teaches a long-short composite yarn (Detail 80) comprising:
a short-fiber having a length of 5 mm or less (Detail 88a; length of 0 mm, not present) portion consisting of a plurality of short fibers adjacent to each other; and
a long fiber portion (Detail 84a) consisting of a plurality of long fibers formed by twisting on an outer peripheral surface of the short-fiber portion.
In regards to Claim 4, Goenka teaches the long fibers include a material selected from the group consisting of polyester-based fibers, polyamide-based fibers, polyurethane-based fibers, polyurea-based fibers, polyacrylic-based fibers, polyvinyl alcohol- based fibers, polyvinyl chloride-based fibers, polyvinylidene chloride-based fibers, polypropylene-based fibers, polyethylene-based fibers, polystyrene-based fibers, 19 polyfluoroethylene-based fibers, biodegradable fibers, and combinations thereof (Paragraph 33).
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ahn (KR 20050122584).
In regards to Claim 1, Ahn teaches a long-short composite yarn comprising:
a short-fiber portion consisting of a plurality of short fibers adjacent to each other (Detail 3); and
a long fiber portion consisting of a plurality of long fibers formed by twisting on an outer peripheral surface of the short-fiber portion (Details 1, 2).
In regards to Claim 2, Ahn teaches the short fibers include a material selected from the group consisting of vegetable fibers, animal fibers, mineral fibers, regenerated fibers thereof, and combinations thereof (Description: cotton, wool).
In regards to Claim 3, Ahn teaches the vegetable fibers include a material selected from the group consisting of cotton fiber, cellulose fiber, hemp fiber, pineapple fiber, coffee bean fiber, banana fiber, ramie fiber, corn silk fiber, bamboo fiber, and combinations thereof,
the animal fibers include a material selected from the group consisting of leather fiber, wool fiber, cashmere, camel hair fiber, mohair fiber, alpaca fiber, silk fiber, and combinations thereof, and
the mineral fibers are mica fibers or glass fibers (Description: cotton, wool).
In regards to Claim 4, Ahn teaches the long fibers include a material selected from the group consisting of polyester-based fibers, polyamide-based fibers, polyurethane-based fibers, polyurea-based fibers, polyacrylic-based fibers, polyvinyl alcohol- based fibers, polyvinyl chloride-based fibers, polyvinylidene chloride-based fibers, polypropylene-based fibers, polyethylene-based fibers, polystyrene-based fibers, 19 polyfluoroethylene-based fibers, biodegradable fibers, and combinations thereof (Description: polyester).
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maag et al (4028874)).
In regards to Claim 1, Maag teaches a long-short composite yarn comprising:
a short-fiber portion consisting of a plurality of short fibers adjacent to each other (Detail 1); and
a long fiber portion consisting of a plurality of long fibers formed by twisting on an outer peripheral surface of the short-fiber portion (Detail 2).
In regards to Claim 2, Maag teaches the short fibers include a material selected from the group consisting of vegetable fibers, animal fibers, mineral fibers, regenerated fibers thereof, and combinations thereof (Column 2, lines 42-46: cotton, wool).
In regards to Claim 3, Maag teaches the vegetable fibers include a material selected from the group consisting of cotton fiber, cellulose fiber, hemp fiber, pineapple fiber, coffee bean fiber, banana fiber, ramie fiber, corn silk fiber, bamboo fiber, and combinations thereof,
the animal fibers include a material selected from the group consisting of leather fiber, wool fiber, cashmere, camel hair fiber, mohair fiber, alpaca fiber, silk fiber, and combinations thereof, and
the mineral fibers are mica fibers or glass fibers Column 2, lines 42-46: cotton, wool).
In regards to Claim 4, Maag teaches the long fibers include a material selected from the group consisting of polyester-based fibers, polyamide-based fibers, polyurethane-based fibers, polyurea-based fibers, polyacrylic-based fibers, polyvinyl alcohol- based fibers, polyvinyl chloride-based fibers, polyvinylidene chloride-based fibers, polypropylene-based fibers, polyethylene-based fibers, polystyrene-based fibers, 19 polyfluoroethylene-based fibers, biodegradable fibers, and combinations thereof (Column 3, lines 45-52: polyester, polyamide).
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See of Record.
Specifically, at least Andrews (6803332) Figure 1, Schwartz (4346553) Figure 3, Drummond (4024700) Figure 8, Marzocchi (3857229) Figures 4-7, 11, and Northup et al (3831369) Figure 3 teach element similar to those as currently claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732
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