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 .
Response to Amendment
The amendment filed 7/6/26 has been entered. Claims 1, 3-9, 11-16 remain pending in the application. Applicant’s amendments to the (Specification, Drawings, and Claims) have not overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 4/8/26.
Drawings
The drawings are objected to for the following:
Figures 1 and 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated (further confirmed in [0003] with the term “conventional” when referring to Figs. 1 and 2). See MPEP § 608.02(g).
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.
Specification
Examiner notes to the abstract:
Comma was added to what is now Line 5 of the abstract before “the tubular body” to overcome a previous objection but the amendment was not properly annotated; as a courtesy, claims herein are prosecuted on the merits but future issues may warrant a notice of non-compliance; any objections/rejections necessary from other missed improper annotations will not constitute a new objection/rejection
Correction is required. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
[0003] “hydrophobic yarn 12” should read “hydrophobic yarn 14”
Appropriate correction is required.
Claim Objections
Claim(s) 1, 3-9, 11-16 is/are objected to because of the following informalities:
Claim 1 Line 8 delete “and and” and substitute –and—
Claim 1 Line 10 before “wearer” delete “a” and substitute –the--
Line 1 of Claims 3-8 after “according” add –to--
Claim 5 Line 1 delete “skin-facing” and substitute –skin facing—for consistency with Claim 1
Claim 6 Line 1 delete “skin-facing” and substitute –skin facing—
Claim 9 Lines 3-4 delete “with the turned welt as defined in” and substitute –according to--, as otherwise the phrase is redundant based on “the tubular body…according to claim 1”
Line 1 of Claims 11-16 after “according” add –to--
Claims 13, 14 are objected for reasons similarly indicated for Claims 5, 6
Claim 16 Lines 3-4 delete “and a hydrophilic yarn predominantly presented on the outside non-skin facing surface” as this is redundant of Claim 1 Lines 8-9, already incorporated into Claim 16 via Claim 9 incorporating Claim 1; otherwise, at the least, the welt of Claim 9 preamble is unclear with turned welt in Claim 9 Line 4
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
Appropriate correction is required.
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.
Claim(s) 1, 3-9, 11-16 is/are rejected under U.S.C. 112(b).
Claim 1 recites the limitation "the inside surface of the tubular body" in Line 10. There is insufficient antecedent basis for this limitation in the claim.
The term “the inside surface of the tubular body” in Claim 1 Line 10 is unclear and therefore renders the claim indefinite. Claim 1 Line 7 establishes an inside surface, but of the turned welt. Especially as the turned welt and the tubular body are not interchangeable (“A tubular body comprising:…a turned welt” in Claim 1 Lines 1, 3), there is no proper antecedent basis and it is unclear how the recitation should be interpreted. For the purposes of applying art and providing rejections, the terms will be considered the same.
Claim 1 recites the limitation "the outer surface" in Lines 10-11. There is insufficient antecedent basis for this limitation in the claim.
The term “the outer surface” in Claim 1 Lines 10-11 is unclear and therefore renders the claim indefinite. It is unclear what structure the term is referring to. For the purposes of applying art and providing rejections, the term will be considered as “of the tubular body.”
The term “A tubular body comprising:…a turned welt” in Claim 1 Lines 1, 3 and “turned welt having skin facing surface” in Claim 1 Line 4 and “wherein the inside surface of the tubular body is configured to face the skin of a wearer” in Claim 1 Line 10 is unclear and therefore renders the claim indefinite. It is unclear how the inside surface of the tubular body differs from the turned welt skin facing surface. For the purposes of applying art and providing rejections, the terms will be considered the same.
The term “A tubular body comprising:…a turned welt” in Claim 1 Lines 1, 3 and “turned welt having…outside non-skin facing surface” in Claim 1 Lines 4-5 and “the outer surface is configured to face away from the skin” in Claim 1 Lines 10-11 is unclear and therefore renders the claim indefinite. It is unclear how outer surface differs from the turned welt non-skin facing surface. For the purposes of applying art and providing rejections, the terms will be considered the same.
Claim 7 recites the limitation "the outside surface" in Line 3. There is insufficient antecedent basis for this limitation in the claim.
The term “the outside surface” of Claim 7 Line 3 is unclear and therefore renders the claim indefinite. It is unclear how it relates to “outer surface” of Claim 1 Lines 10-11. For the purposes of applying art and providing rejections, the terms will be considered the same.
Claim 7 recites the limitation "the outside surface of the tubular body" in Line 3. There is insufficient antecedent basis for this limitation in the claim.
The term “the outside surface of the tubular body” in Claim 7 Line 3 is unclear and therefore renders the claim indefinite. It is similarly unclear how this relates to non-skin facing surface of the turned welt. For the purposes of applying art and providing rejections, the terms will be considered the same.
Claim 9 is rejected for similar reasons to Claim 1 (as it incorporates the subject matter of Claim 1).
The term “a cuff, a collar a welt, a hem, or a waistband of an article of clothing…the article of clothing comprising the tubular body” in Claim 9 Lines 1-4 is unclear and therefore renders the claim indefinite. It is unclear how the tubular body relates to cuff, collar, welt, hem, or waistband.
The term “hydrophobic yarn” in Claim 11 Line 2 is unclear and therefore renders the claim indefinite. It is unclear how this yarn differs from hydrophobic yarn of Claim 1 Line 6 incorporated into Claim 11 via dependency on Claim 9 which incorporates Claim 1. Though Claim 1 Line 6 indicates the hydrophobic yarn being of the tubular body and Claim 11 Line 2 indicates the hydrophobic yarn being of the turned welt, the issues surrounding how the tubular body and the turned welt do not clarify the issues herein. For the purposes of applying art and providing rejections, the term will be considered the same.
Claim 15 is rejected for similar reasons to Claim 7.
Dependent claims are rejected at the least for depending on rejected claims.
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)(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.
(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.
As best understood in light of the 112(b) rejections--Claim(s) 1, 4-7, 9, 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blythe (USPN 11926937).
Regarding Claim 1, Blythe teaches a tubular body (see Fig. 2A; Col. 5 Lines 56-60 "article 100 which is a tubular-like knit article…adapted to be worn around the wrist…the arm, knee, or head") comprising:
an opening (see Fig. 2A; Col. 5 Lines 56-60); and
a turned welt being in surrounding relation to the opening (see Fig. 2A for at least partial turn; Col. 5 Lines 60-61 "article 100 generally comprises a welt having a first portion 106 and a second portion 107"),
the turned welt integral with the tubular body (see Fig. 2A: Col. 5 Lines 56-61);
the turned welt having skin facing surface configured for engagement with skin of a wearer and an outside non-skin facing surface (see Fig. 2A; Col. 5 Line 64-Col. 6 Line 2 "first portion 106 of article 100…defined by skin-facing inner surface 102 and outer surface 104…second portion 107 of the article 100…defined by skin-facing inner surface 101 and outer surface 103");
wherein the tubular body is of a knitted construction (see Figs. 3, 6, 7; Col. 5 Lines 56-60) comprising
a hydrophobic yarn predominantly presented on an inside surface of the turned welt (Col. 6 Line 66-Col. 7 Line 2 "welt layer 200 may comprise skin-side layer 220 comprised of hydrophobic fibers or elastic fibers"),
and a hydrophilic yarn predominantly presented on the outside non-skin facing surface of the turned welt (Col. 6 Line 66-Col. 7 Line 2 "welt layer 200 may comprise …layer 210 comprising hydrophilic fibers"; wherein it is outside relative to the hydrophobic skin-side layer, in light of Col. 7 Lines 1-4 "layer 210 can be interwoven directly to skin-side layer 220" and Col. 7 Lines 22-23 "moisture attracting outer layer comprised of the hydrophilic fiber"; Col. 7 Lines 2-4 "layer 210 can be interwoven directly to skin-side layer 220 and have a gradient transition of fibers at the intersection of the layers" indicates predominantly with gradient),
wherein the inside surface of the tubular body is configured to face the skin of the wearer (see Fig. 2A; Blythe teaches a tubular body inside surface which meets the structural limitations in the claims and performs the functions as recited such as being capable of facing the wearer’s skin),
and the outer surface is configured to face away from the skin (see Fig. 2A; Blythe teaches a tubular body outside surface which meets the structural limitations in the claims and performs the functions as recited such as being capable of facing away from the wearer’s skin).
Regarding Claim 4, Blythe teaches the tubular body according to claim 1, wherein the turned welt includes an elastic make up yarn (Col. 6 Line 66-Col. 7 Line 2 "welt layer 200 may comprise skin-side layer 220 comprised of hydrophobic fibers or elastic fibers").
Regarding Claim 5, Blythe teaches the tubular body according to claim 1, wherein the skin-facing surface of the turned welt is integral with and adjacent to a moisture absorbing yarn adjacent the outer surface of the turned welt (Col. 6 Line 66-Col. 7 Line 2 "welt layer 200 may comprise …layer 210 comprising hydrophilic fibers"; Col. 7 Lines 1-4 "layer 210 can be interwoven directly to skin-side layer 220"; Col. 7 Lines 19-23 "because moisture doesn't adhere to the hydrophobic fiber, it can be analogized to mechanically lifting the sweat of the skin...into a moisture attracting outer layer comprised of the hydrophilic fiber").
Regarding Claim 6, Blythe teaches the tubular body according to claim 1, wherein the skin-facing surface of the turned welt is a hydrophobic yarn integral with and directly adjacent a moisture absorbing yarn and/or moisture wicking yarn (Col. 6 Line 66-Col. 7 Line 2 "welt layer 200 may comprise …layer 210 comprising hydrophilic fibers"; Col. 7 Lines 1-4 "layer 210 can be interwoven directly to skin-side layer 220"; Col. 7 Lines 19-23 "because moisture doesn't adhere to the hydrophobic fiber, it can be analogized to mechanically lifting the sweat of the skin...into a moisture attracting outer layer comprised of the hydrophilic fiber"),
where the moisture absorbing yarn and/or moisture wicking yarn is predominantly present in the outside non-skin facing surface of the turned welt (Col. 7 Lines 22-23 "moisture attracting outer layer comprised of the hydrophilic fiber"; for predominantly--Col. 7 Lines 2-4 "layer 210 can be interwoven directly to skin-side layer 220 and have a gradient transition of fibers at the intersection of the layers" wherein gradient indicates predominantly).
Regarding Claim 7, Blythe teaches the tubular body of claim 1, wherein the inside surface of the tubular body is predominantly a hydrophobic yarn (Col. 6 Line 66-Col. 7 Line 2 "welt layer 200 may comprise skin-side layer 220 comprised of hydrophobic fibers or elastic fibers"; Col. 7 Lines 1-4 "layer 210 can be interwoven directly to skin-side layer 220"; for predominantly--Col. 7 Lines 2-4 "layer 210 can be interwoven directly to skin-side layer 220 and have a gradient transition of fibers at the intersection of the layers" wherein gradient indicates predominantly),
and the outside surface of the tubular body is predominantly a moisture absorbing yarn (Col. 7 Lines 22-23 "moisture attracting outer layer comprised of the hydrophilic fiber"; Col. 7 Lines 1-4 "layer 210 can be interwoven directly to skin-side layer 220"; for predominantly--Col. 7 Lines 2-4 "layer 210 can be interwoven directly to skin-side layer 220 and have a gradient transition of fibers at the intersection of the layers" wherein gradient indicates predominantly).
Regarding Claim 9, Blythe teaches a method of managing moisture transport in a cuff, a collar, a welt, a hem or a waistband of an article of clothing (if a prior art, in its normal and usual operation, would necessarily describe a device capable of performing the steps of the method or process, then the device claimed will be considered to be inherent by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will inherently describe the claimed device capable of performing the different steps of the process or method. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02; as such, for structure for the method-- see Fig. 2A; Col. 5 Lines 56-60 "article 100 which is a tubular-like knit article…adapted to be worn around the wrist…the arm, knee, or head"; for moisture transport--Col. 6 Line 66-Col. 7 Line 2 "welt layer 200 may comprise skin-side layer 220 comprised of hydrophobic fibers or elastic fibers"; Col. 6 Line 66-Col. 7 Line 2 "welt layer 200 may comprise …layer 210 comprising hydrophilic fibers"; Col. 7 Lines 1-4 "layer 210 can be interwoven directly to skin-side layer 220"; Col. 7 Lines 19-23 "because moisture doesn't adhere to the hydrophobic fiber, it can be analogized to mechanically lifting the sweat of the skin...into a moisture attracting outer layer comprised of the hydrophilic fiber"), the method comprising:
providing the article of clothing comprising the tubular body with the turned welt as defined in claim 1 (see rejection of Claim 1);
managing the moisture transport from the skin facing surface of the turned welt to the outside non-skin facing surface of the turned welt (see rejection of the preamble).
Regarding Claim 12, Blythe teaches the method according to claim 9.
The body of Claim 12 is the same as the body of Claim 4. As such, see the aforementioned rejection of the body of Claim 4 for the rejection of the body of Claim 12.
Regarding Claim 13, Blythe teaches the method according to claim 9.
The body of Claim 13 is the same as the body of Claim 5. As such, see the aforementioned rejection of the body of Claim 5 for the rejection of the body of Claim 13.
Regarding Claim 14, Blythe teaches the method according to claim 9.
The body of Claim 14 is the same as the body of Claim 6. As such, see the aforementioned rejection of the body of Claim 6 for the rejection of the body of Claim 14.
Regarding Claim 15, Blythe teaches the method according to claim 9.
The body of Claim 15 is the same as the body of Claim 7. As such, see the aforementioned rejection of the body of Claim 7 for the rejection of the body of Claim 15.
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.
As best understood in light of the 112(b) rejections-- Claim(s) 3, 8, 11, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blythe (USPN 11926937), as applied above.
Regarding Claim 3, Blythe teaches all the claimed limitations as discussed above in Claim 1.
Blythe Fig. 2A embodiment does not explicitly teach wherein the turned welt comprises yarn comprising metal-containing fiber comprising copper, zinc, or silver metal, oxides, or salts.
However, Blythe Fig. 2A does teach that the welt is configured for a leg (see Fig. 2A; Col. 5 Lines 56-60).
Blythe Fig. 13A embodiment for a leg teaches wherein the turned welt comprises yarn comprising metal-containing fiber comprising copper, zinc, or silver metal, oxides, or salts (see Fig. 13A; Col. 10 Lines 19-20 "article 700 comprise a metal 750, such as copper or silver"; Col. 10 Lines 24-27 "metal-containing hydrophobic fiber layer 750, e.g. copper in polyolefin is knitted or interwoven with hydrophilic layer 730 intended to be more distant from skin than metal layer 750"; Col. 10 Lines 30-32 "metal can be used in any of the presently disclosed articles for one or both of therapeutic or aesthetic function"; Col. 1 Lines 13-15 "present disclosure is related to athletic sweatbands...worn on the body, such as...leg").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Blythe with the arrangement as taught in Fig. 13A for aesthetic and/or therapeutic purposes (Col. 10 Lines 30-32).
Regarding Claim 8, Blythe teaches all the claimed limitations as discussed above in Claim 1.
Blythe Fig. 2A embodiment does not explicitly teach wherein the skin facing surface of the turned welt presents yarn with metal-containing fiber.
However, Blythe Fig. 2A does teach that the welt is configured for a leg (see Fig. 2A; Col. 5 Lines 56-60),
and already established that the skin facing surface (layer closer to skin) is hydrophobic (see rejection of Claim 1).
Blythe Fig. 13A embodiment for a leg teaches wherein a turned welt hydrophobic layer closer to skin presents yarn with metal-containing fiber (see Fig. 13A; Col. 10 Lines 19-20 "article 700 comprise a metal 750, such as copper or silver"; Col. 10 Lines 24-27 "metal-containing hydrophobic fiber layer 750, e.g. copper in polyolefin is knitted or interwoven with hydrophilic layer 730 intended to be more distant from skin than metal layer 750"; Col. 10 Lines 30-32 "metal can be used in any of the presently disclosed articles for one or both of therapeutic or aesthetic function"; Col. 1 Lines 13-15 "present disclosure is related to athletic sweatbands...worn on the body, such as...leg").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Blythe with the arrangement as taught in Fig. 13A for aesthetic and/or therapeutic purposes (Col. 10 Lines 30-32).
Regarding Claim 11, Blythe teaches all the claimed limitations as discussed above in Claim 9.
Blythe already teaches wherein the hydrophobic yarn is predominantly presented on the skin facing surface (see rejection of Claim 1; Col. 6 Line 66-Col. 7 Line 2 "welt layer 200 may comprise skin-side layer 220 comprised of hydrophobic fibers or elastic fibers").
Blythe Fig. 2A embodiment does not explicitly teach wherein the turned welt comprises hydrophobic yarn comprising metal-containing fiber comprising copper, zinc, or silver metal, oxides, or salts.
However, Blythe Fig. 2A does teach that the welt is configured for a leg (see Fig. 2A; Col. 5 Lines 56-60),
and already established that the skin facing surface (layer closer to skin) is hydrophobic (see rejection of Claim 1 incorporated in the rejection of Claim 9, and herein).
Blythe Fig. 13A embodiment for a leg teaches wherein a turned welt hydrophobic layer closer to skin presents yarn with metal-containing fiber (see Fig. 13A; Col. 10 Lines 19-20 "article 700 comprise a metal 750, such as copper or silver"; Col. 10 Lines 24-27 "metal-containing hydrophobic fiber layer 750, e.g. copper in polyolefin is knitted or interwoven with hydrophilic layer 730 intended to be more distant from skin than metal layer 750"; Col. 10 Lines 30-32 "metal can be used in any of the presently disclosed articles for one or both of therapeutic or aesthetic function"; Col. 1 Lines 13-15 "present disclosure is related to athletic sweatbands...worn on the body, such as...leg").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Blythe with the arrangement as taught in Fig. 13A for aesthetic and/or therapeutic purposes (Col. 10 Lines 30-32).
Regarding Claim 16, Blythe teaches all the claimed limitations as discussed above in Claim 9.
Blythe further teaches and a hydrophilic yarn predominantly presented on the outside non-skin facing surface (see rejection of Claim 1 incorporated in the rejection of Claim 9).
Blythe Fig. 2A embodiment does not explicitly teach the skin facing surface of the turned welt presents yarn with metal-containing fiber.
However, Blythe Fig. 2A does teach that the welt is configured for a leg (see Fig. 2A; Col. 5 Lines 56-60),
and already established that the skin facing surface (layer closer to skin) is hydrophobic (see rejection of Claim 1 incorporated in the rejection of Claim 9, and herein).
Blythe Fig. 13A embodiment for a leg teaches wherein a turned welt hydrophobic layer closer to skin presents yarn with metal-containing fiber (see Fig. 13A; Col. 10 Lines 19-20 "article 700 comprise a metal 750, such as copper or silver"; Col. 10 Lines 24-27 "metal-containing hydrophobic fiber layer 750, e.g. copper in polyolefin is knitted or interwoven with hydrophilic layer 730 intended to be more distant from skin than metal layer 750"; Col. 10 Lines 30-32 "metal can be used in any of the presently disclosed articles for one or both of therapeutic or aesthetic function"; Col. 1 Lines 13-15 "present disclosure is related to athletic sweatbands...worn on the body, such as...leg").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Blythe with the arrangement as taught in Fig. 13A for aesthetic and/or therapeutic purposes (Col. 10 Lines 30-32).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1, 3-9, 11-16 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-14 of Blythe (USPN 11926937). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-16 are anticipated, respectively, by claims 1-14 of the reference patent. Every limitation in the application under examination claims is recited in the conflicting reference patent claims, and the differences between the claims are highlighted below, with those of Claim 1 addressed below as an example.
Instant Application
Blythe 11926937
1. A tubular body comprising:
1. A cuff, a collar, a welt, a hem, or a waistband comprising
an opening; and
a tubular body having an opening; and
a turned welt being in surrounding relation to the opening,
a turned welt being in surrounding relation to the opening,
the turned welt integral with the tubular body;
the turned welt integral with the tubular body;
the turned welt having skin facing surface configured for engagement with skin of a wearer and an outside non-skin facing surface;
the turned welt having a skin-facing surface configured for engagement with skin of a wearer and an outside non-skin facing surface;
wherein the turned welt is of a knitted construction comprising
a hydrophobic yarn predominantly presented on the inside surface
and a hydrophilic yarn predominantly presented on the outside surface; with at least one course of hydrophilic yarn between the skin-facing surface and the non-skin facing surface;
wherein the tubular body is of a knitted construction comprising
wherein the tubular body is of a knitted construction comprising
a hydrophobic yarn predominantly presented on an inside surface of the turned welt and an outer surface corresponding to the non-skin facing surface of the turned welt
the hydrophobic yarn of the skin-facing surface of the turned welt and the hydrophilic yarn of the outside non-skin facing surface of the turned welt
and a hydrophilic yarn predominantly presented on the outside non-skin facing surface of the turned welt,
(and a hydrophilic yarn predominantly presented on the outside surface)
wherein the inside surface of the tubular body is configured to face the skin of a wearer and the outer surface is configured to face away from the skin
(skin-facing surface configured for engagement with skin of a wearer and an outside non-skin facing surface…the tubular body is of…the turned welt)
3. The tubular body according to claim 1, wherein the turned welt comprises yarn comprising metal-containing fiber comprising copper, zinc, or silver metal, oxides, or salts
2. The cuff, the collar, the welt, the hem, or the waistband according to claim 1, wherein the turned welt comprises yarn comprising metal-containing fiber comprising copper, zinc, or silver metal, oxides, or salts
4. The tubular body according to claim 1, wherein the turned welt includes an elastic make up yarn
3. The cuff, the collar, the welt, the hem, or the waistband according to claim 1, wherein the turned welt includes an elastic make up yarn
5. The tubular body according to claim 1, wherein the skin-facing surface of the turned welt is integral with and adjacent to a moisture absorbing yarn adjacent the outer surface of the turned welt
4. The cuff, the collar, the welt, the hem, or the waistband according to claim 1, wherein the skin-facing surface is integral with and adjacent to a moisture absorbing yarn adjacent the outer surface
6. The tubular body according to claim 1, wherein the skin-facing surface of the turned welt is a hydrophobic yarn integral with and directly adjacent a moisture absorbing yarn and/or moisture wicking yarn,
5. The cuff, the collar, the welt, the hem, or the waistband according to claim 1, wherein the skin-facing surface of the turned welt comprises the hydrophobic yarn integral with a moisture absorbing yarn and/or moisture wicking yarn,
where the moisture absorbing yarn and/or moisture wicking yarn is predominantly present in the outside non-skin facing surface of the turned welt
where the moisture absorbing yarn and/or moisture wicking yarn presents at the outside non-skin facing surface of the turned welt
7. The tubular body according to claim 1, wherein the inside surface of the tubular body is predominantly a hydrophobic yarn
6. The cuff, the collar, the welt, the hem, or the waistband according to claim 1, wherein a skin-facing surface of the tubular body comprises the hydrophobic yarn
and the outside surface of the tubular body is predominantly a moisture absorbing yarn
and the outside non-skin facing surface comprises a moisture absorbing yarn
8. The tubular body according to claim 1, wherein the skin facing surface of the turned welt presents yarn with metal-containing fiber
7. The cuff, the collar, the welt, the hem, or the waistband according to claim 1, wherein the skin-facing surface of the turned welt presents yarn with metal-containing fiber
9. A method of managing moisture transport in a cuff, a collar, a welt, a hem or a waistband of an article of clothing, the method comprising:
8. A method of managing moisture transport in a cuff, a collar, a welt, a hem or a waistband of an article of clothing, the method comprising:
providing an article of clothing comprising the tubular body with the turned welt as defined in claim 1;
providing the article comprising the collar, the welt, the hem, the waistband, or the cuff with the turned welt as defined in claim 1; and
managing the moisture transport from the skin facing surface of the turned welt to the outside non-skin facing surface of the turned welt
managing the moisture transport from the skin-facing surface of the turned welt to the outside non-skin facing surface
11. The method according to claim 9, wherein the turned welt comprises hydrophobic yarn comprising metal-containing fiber comprising copper, zinc, or silver metal, oxides, or salts
9. The method according to claim 8, wherein the turned welt comprises yarn comprising metal-containing fiber comprising copper, zinc, or silver metal, oxides, or salts
wherein the hydrophobic yarn is predominantly presented on the skin facing surface
see Claim 1 (a hydrophobic yarn predominantly presented on the inside surface)
12. The method according to claim 9, wherein the turned welt includes an elastic make up yarn
10. The method according to claim 8, wherein the turned welt includes an elastic make up yarn
13. The method according to claim 9, wherein the skin-facing surface of the turned welt is integral with and adjacent to a moisture absorbing yarn adjacent the outer surface of the turned welt
11. The method according to claim 8, wherein the skin-facing surface is integral with and adjacent to a moisture absorbing yarn adjacent the outer surface
14. The method according to claim 9, wherein the skin-facing surface of the turned welt is a hydrophobic yarn integral with and directly adjacent a moisture absorbing yarn and/or moisture wicking yarn,
12. The method according to claim 8, wherein the skin-facing surface of the turned welt comprises the hydrophobic yarn integral with a moisture absorbing yarn and/or moisture wicking yarn,
where the moisture absorbing yarn and/or moisture wicking yarn is predominantly present in the outside non-skin facing surface of the turned welt
where the moisture absorbing yarn and/or moisture wicking yarn presents at the outside non-skin facing surface of the turned welt
15. The method according to claim 9, wherein the inside surface of the tubular body is predominantly a hydrophobic yarn
13. The method according to claim 8, wherein a skin-facing surface of the tubular body comprises the hydrophobic yarn
and the outer surface of the tubular body is predominantly a moisture absorbing yarn
and the outside non-skin facing surface comprises a moisture absorbing yarn
16. The method according to claim 9, wherein the skin facing surface of the turned welt presents yarn with metal-containing fiber
14. The method according to claim 8, wherein the skin-facing surface of the turned welt presents yarn with metal-containing fiber
and a hydrophilic yarn predominantly presented on the outside non-skin facing surface
see Claim 1 (and a hydrophilic yarn predominantly presented on the outside surface)
As shown in the mapping above, claim 1 of the reference patent includes all of the limitations of claim 1 of the instant application, while also reciting further limitations (in italics) and a few differences in terms. For example, though the preambles differ, the body of the reference patent clearly recites the preamble of the instant application. Furthermore, though the reference patent recites “skin facing” and the instant application recites “skin-facing”, the difference is merely typographical. Furthermore, though the instant application recites that the hydrophobic yarn is “predominantly presented” of an inside surface while the reference patent recites that the hydrophobic yarn is of a skin-facing surface, as best understood in light of the 112(b) rejections, the reference patent teaches that of the instant claim. As best understood in light of the 112(b) rejections, other differences throughout the claims can be similarly interpreted. Furthermore, as for Claim 11— [0003] and [0024] provide definitions indicating that the metals recited of the reference patent are therefore directed to the hydrophobic yarn of the instant application.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-9, 11-16 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations. Nevertheless, for clarification—
Pertaining to remarks beginning on page 16 as to the drawing objection remaining herein—examiner respectfully disagrees. The label is proper as applicant has already admitted the disclosure as being previously known, as indicated in the objection.
Pertaining to remarks on page 21 that predominantly is defined as being relative to one surface as opposed to the other—examiner respectfully disagrees. The broadest reasonable interpretation of the term “predominantly” does not require such a narrow interpretation. Even if [0064] indicates one example of what the term predominantly may be referring to, no explicit definition for the term was ever defined in the original disclosure that would require such a narrow interpretation. Examiner notes that the claims can be read in light of the specification to help disclose what is included within broadest reasonable interpretation of the claims, but that limitations of the specification cannot be read into the claims. See In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969), MPEP 2111. Should applicant desire such a narrow interpretation, the claims would have to be amended to reflect as such.
Pertaining to remarks on page 22 that Bowen does not explicitly teach hydrophobic and that merely using the same materials as the applicant (such as polypropylene) does not teach the recitation—examiner respectfully disagrees. Applicant has not proven that Bowen uses a non-hydrophobic polypropylene. All materials have inherent properties, and unless a reference indicates specific treatment to modify the inherent properties (which Bowen does not), the reference is read on its face as disclosing the inherent property.
Pertaining to remarks on page 22 that Bowen does not teach adjacent the outer surface of the turned welt—examiner respectfully disagrees. Amending with “of the turned welt” does not narrow the interpretation, as the outer surface was already interpreted as being of the turned welt due to its antecedent basis. The metes and bounds of the term “adjacent” are broad. Without explicit definition in the specification, Bowen teaches such adjacency. Similarly as aforementioned-- Examiner notes that the claims can be read in light of the specification to help disclose what is included within broadest reasonable interpretation of the claims, but that limitations of the specification cannot be read into the claims. See In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969), MPEP 2111. Should applicant desire such a narrow interpretation, the claims would have to be amended to reflect as such.
Pertaining to remarks on page 24 that the examiner’s rationale for combining Bowen and Blythe are of Official Notice—examiner respectfully disagrees. Clear motivation for combination taken directly from the reference(s), and not official notice, was presented on page 18 of the office action of 4/8/26, which remarks have not addressed. Furthermore, the remarks seem to misconstrue the rejection, and are piecemeal to argue that Blythe must teach a turned welt, when Bowen already does. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Summarily, Bowen already taught the welt being turned, and merely did not teach the materials listed. Blythe teaches the materials in the same art of endeavor as welts in knit legwear, for purposes that Bowen would desire as well, all of which is outlined on pages 17, 18 of the office action of 4/8/26. Especially as remarks have not addressed the actual combination and motivation utilized, nor shown any evidence of teaching away such that Blythe could not be utilized in a turned welt, the remarks are unpersuasive.
Pertaining to remarks on page 25-- double patenting cannot be held in abeyance.
Conclusion
The prior art made of record and not relied upon but is considered pertinent to applicant's disclosure: Blythe 2026/0132555 directed to a folded garment with hydrophilic and hydrophobic yarns.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm EST.
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, Khoa Huynh can be reached on 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 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.
/GRACE HUANG/Primary Examiner, Art Unit 3732
Prosecution Insights