DETAILED ACTION
Claims 21-40 are pending. Claims 1-20 are cancelled.
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 without traverse of Invention I, Species A2, and Species B2 in the reply filed on February 4, 2026 is acknowledged. Claims 23, 26, 37, and 39, directed to an unelected invention and/or species, are withdrawn from consideration.
Claim Objections
Claim 32 is objected to because of the following informalities: MPEP 608.01(m) recites that claims should be grouped together with the claim or claims to which they refer to the extent practicable. There appears to be no reason why the text of claim 32 is not swapped with the text of claim 24 to be grouped with claim 22 from which claim 32 depends.
Appropriate correction is required.
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.
Claims 21, 22, 25, 27-36, 38, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims listed below of U.S. Patent No.12,359,356. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of ‘356 includes all the features of the present application and thus would anticipate the claims.
Present application 19/228,264
Reference patent 12,359,356
21. (Previously Presented) An engineered yarn structure comprising:
a first yarn section formed by a first yarn segment; and
a second yarn section formed by a second yarn segment, wherein the engineered yarn structure comprises a transition junction that comprises commingled portions of the first yarn section and the second yarn section,
wherein a severed end of the first yarn segment is wrap spliced, mechanically knotted, twisted, or entangled with a severed end of the second yarn segment to form the transition junction, and
wherein the first section has a first type of a first aesthetic characteristic, and
wherein the second section has a second type of the first aesthetic characteristic that is different from the first type.
1. An article comprising:
a backing; and
a plurality of yarns tufted, woven, or knitted through the backing, each yarn defining at least one aesthetic characteristic, wherein the at least one aesthetic characteristic comprises one or more of luster, color, size, physical attribute associated with material type, or texture,
wherein at least one yarn of the plurality of yarns comprises an engineered yarn structure having: a first yarn section formed by a first yarn segment; and
a second yarn section formed by a second yarn segment, wherein the engineered yarn structure comprises a transition junction that comprises commingled portions of the first yarn section and the second yarn section, wherein the transition junction has a length of less than 1 millimeter, wherein a severed end of the first yarn segment is wrap spliced, mechanically knotted, twisted, or entangled with a severed end of the second yarn segment to form the transition junction, and wherein the first section has a first type of a first aesthetic characteristic of the at least one aesthetic characteristic, and wherein the second section has a second type of the first aesthetic characteristic that is different from the first type.
22. (Previously Presented) The engineered yarn structure of claim 21, further comprising a third yarn section, wherein the engineered yarn structure comprises a second transition junction that comprises commingled portions of the second yarn section and the third yarn section.
7. The article of claim 1, wherein a first yarn of the at least one yarn of the plurality of yarns comprises a third yarn section, wherein the engineered yarn structure comprises a second transition junction that comprises commingled portions of the second yarn section and the third yarn section, wherein the first and third yarn sections of the first yarn both have the first type of the first aesthetic characteristic.
25. (Previously Presented) The engineered yarn structure of claim 21, wherein the first aesthetic characteristic is color, wherein the first type is a first color, and wherein the second type is a second color different than the first color.
2. The article of claim 1, wherein the first aesthetic characteristic is color, wherein the first type is a first color, and wherein the second type is a second color.
27. (Previously Presented) The engineered yarn structure of claim 21, wherein the first aesthetic characteristic is uniform along each of the first yarn section and the second yarn section.
4. The article of claim 1, wherein the first aesthetic characteristic is uniform along each of the first yarn section and the second yarn section.
28. (Previously Presented) The engineered yarn structure of claim 21, wherein the first yarn section has a first length, wherein the second yarn section has a second length that is different from the first length.
5. The article of claim 1, wherein the first yarn section of a first yarn of the at least one yarn of the plurality of yarns has a first length, wherein the first yarn section of a second yarn of the at least one yarn of the plurality of yarns has a second length that is different from the first length.
29. (Previously Presented) The engineered yarn structure of claim 21, wherein the first and second yarn sections of each yarn of the at least one yarn of the plurality of yarns have respective lengths of between 800 meters and 5000 meters.
11. The article of claim 1, wherein the first and second yarn sections of each yarn of the at least one yarn of the plurality of yarns have respective lengths of between 800 meters and 5000 meters.
30. (Previously Presented) The engineered yarn structure of claim 21, wherein the first and second yarn sections have respective lengths between 800 meters and 5000 meters.
11. The article of claim 1, wherein the first and second yarn sections of each yarn of the at least one yarn of the plurality of yarns have respective lengths of between 800 meters and 5000 meters.
31. (Previously Presented) The engineered yarn structure of claim 21, wherein the transition junction has a length of less than 1 millimeter.
From claim 1
22. (Previously Presented) The engineered yarn structure of claim 21, further comprising a third yarn section, wherein the engineered yarn structure comprises a second transition junction that comprises commingled portions of the second yarn section and the third yarn section.
32. (Previously Presented) The engineered yarn structure of claim 22, wherein the first aesthetic characteristic of the third yarn section is a third type that is different from the first and second types.
9. The article of claim 1, wherein at least a first yarn of the at least one yarn of the plurality of yarns comprises a third yarn section formed by a third yarn segment, wherein the engineered yarn structure comprises a second transition junction that comprises commingled portions of the second yarn section and the third yarn section, wherein a second severed end of the second yarn segment is wrap spliced, mechanically knotted, twisted, or entangled with a severed end of the third yarn segment to form the second transition junction, wherein the first aesthetic characteristic of the third yarn section is a third type that is different from the first and second types.
33. (Previously Presented) An article comprising:
a backing; and
a plurality of yarns tufted, woven, or knitted through the backing, each yarn defining at least one aesthetic characteristic, wherein the at least one aesthetic characteristic comprises one or more of luster, color, size, physical attribute associated with material type, or texture,
wherein at least one yarn of the plurality of yarns comprises an engineered yarn structure having:
a first yarn section formed by a first yarn segment; and
a second yarn section formed by a second yarn segment,
wherein the engineered yarn structure comprises a transition junction that comprises commingled portions of the first yarn section and the second yarn section,
wherein a severed end of the first yarn segment is wrap spliced, mechanically knotted, twisted, or entangled with a severed end of the second yarn segment to form the transition junction, and wherein the first section has a first type of a first aesthetic characteristic of the at least one aesthetic characteristic, and wherein the second section has a second type of the first aesthetic characteristic that is different from the first type.
1. An article comprising:
a backing; and
a plurality of yarns tufted, woven, or knitted through the backing, each yarn defining at least one aesthetic characteristic, wherein the at least one aesthetic characteristic comprises one or more of luster, color, size, physical attribute associated with material type, or texture,
wherein at least one yarn of the plurality of yarns comprises an engineered yarn structure having: a first yarn section formed by a first yarn segment; and
a second yarn section formed by a second yarn segment, wherein the engineered yarn structure comprises a transition junction that comprises commingled portions of the first yarn section and the second yarn section,
wherein the transition junction has a length of less than 1 millimeter,
wherein a severed end of the first yarn segment is wrap spliced, mechanically knotted, twisted, or entangled with a severed end of the second yarn segment to form the transition junction, and wherein the first section has a first type of a first aesthetic characteristic of the at least one aesthetic characteristic, and wherein the second section has a second type of the first aesthetic characteristic that is different from the first type.
34. (Previously Presented) The article of claim 33, wherein the first aesthetic characteristic is color, wherein the first type is a first color, and wherein the second type is a second color different than the first color.
2. The article of claim 1, wherein the first aesthetic characteristic is color, wherein the first type is a first color, and wherein the second type is a second color.
35. (Previously Presented) The article of claim 33, wherein the first yarn section of a first yarn of the at least one yarn of the plurality of yarns has a first length, wherein the first yarn section of a second yarn of the at least one yarn of the plurality of yarns has a second length that is different from the first length.
5. The article of claim 1, wherein the first yarn section of a first yarn of the at least one yarn of the plurality of yarns has a first length, wherein the first yarn section of a second yarn of the at least one yarn of the plurality of yarns has a second length that is different from the first length.
36. (Previously Presented) The article of claim 35, wherein the article has a first axis along which rows of tufts of the first and second yarns extend, wherein the first section of each of the first and second yarns has a respective starting location along the first axis, and wherein the starting location of the first section of the first yarn is axially offset from the starting location of the first section of the second yarn along the first axis.
6. The article of claim 5, wherein the article has a first axis along which rows of tufts of the first and second yarns extend, wherein the first section of each of the first and second yarns has a respective starting location along the first axis, and wherein the starting location of the first section of the first yarn is axially offset from the starting location of the first section of the second yarn along the first axis.
38. (Previously Presented) A method comprising:
forming a yarn having an engineered yarn structure comprising:
a first yarn section formed by a first yarn segment; and
a second yarn section formed by a second yarn segment,
wherein the engineered yarn structure comprises a transition junction that comprises commingled portions of the first yarn section and the second yarn section,
wherein the first section has a first type of a first aesthetic characteristic, and
wherein the second section has a second type of the first aesthetic characteristic that is different from the first type, wherein forming the yarn comprises wrap splicing, mechanical knotting, twisting, or entangling respective adjacent severed ends of the first and second yarn segments to form the transition junction.
13. A method comprising: tufting, knitting, or weaving a plurality of yarns through a backing, wherein a first yarn of the plurality of yarns comprises an engineered yarn structure having:
a first yarn section formed by a first yarn segment; and
a second yarn section formed by a second yarn segment,
wherein the engineered yarn structure comprises a transition junction that comprises commingled portions of the first yarn section and the second yarn section,
wherein the transition junction has a length of less than 1 millimeter,
wherein a severed end of the first yarn segment is wrap spliced, mechanically knotted, twisted, or entangled with a severed end of the second yarn segment to form the transition junction,
wherein the first yarn section has a first type of a first aesthetic characteristic selected from luster, color, size, or texture, and wherein the second yarn section has a second type of the first aesthetic characteristic that is different from the first type.
40. (Previously Presented) The method of claim 38, wherein the first aesthetic characteristic is color, wherein the first type is a first color, and wherein the second type is a second color different than the first color.
(from 13) selected from luster, color, size, or texture, and wherein the second yarn section has a second type of the first aesthetic characteristic that is different from the first type.
Claims 25 and 34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No.12,359,356.
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 2 of ‘356 includes all the features but lacks that the second color is different. It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the color to be different in order to provide a different aesthetic.
Claim 40 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No.12,359,356.
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 13 of ‘356 includes all the features but lacks that aesthetic is color. It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to select color as the aesthetic as claim 13 explicitly lists color as an option, but does not require it. One having ordinary skill would select color in order to provide a different aesthetic for the particular yarn.
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 29 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 pre-AIA the applicant regards as the invention.
Claim 29 recites “the at least one yarn of the plurality of yarns”. There is insufficient antecedent basis for “the at least one yarn” and “the plurality of yarns”. It is unclear if this should be dependent from another claim or if additional yarns are intended to be present beyond the first and second yarn segment.
The dependent claims inherit(s) the deficiency by nature of dependency.
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 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) 21, 24, 25, 27, 28, 31, 38 and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zewde et al. (US 20040118098).
Regarding claim 21, Zewde describes engineered yarn structure (spliced yarn 12) comprising:
a first yarn section (see annotated Fig. 7) formed by a first yarn segment (14); and
a second yarn section (see annotated Fig. 7) formed by a second yarn segment (16),
wherein the engineered yarn structure comprises a transition junction (less than 1 mm of the intermingled area, para. 0025) that comprises commingled portions of the first yarn section and the second yarn section (intermingled, para. 0025),
wherein a severed end of the first yarn segment is wrap spliced, mechanically knotted, twisted, or entangled with a severed end of the second yarn segment to form the transition junction (intermingled, para. 0025), and
wherein the first section has a first type of a first aesthetic characteristic (first color), and
wherein the second section has a second type of the first aesthetic characteristic that is different from the first type (second color, different, para. 0026).
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Regarding claim 24, Zewde describes the engineered yarn structure of claim 21, wherein the engineered yarn structure comprises sequential yarn sections that are joined at respective transition junctions and that alternate between the first and second type of the first aesthetic characteristic (alternating between first and second yarn segment, para. 0010).
Regarding claim 25, Zewde describes the engineered yarn structure of claim 21, wherein the first aesthetic characteristic is color, wherein the first type is a first color, and wherein the second type is a second color different than the first color (first and second yarns are differently colored, para. 0026).
Regarding claim 27, Zewde describes the engineered yarn structure of claim 21, wherein the first aesthetic characteristic (color) is uniform along each of the first yarn section and the second yarn section (each has a color from their respective yarn bundle which is uniform inasmuch as claimed).
Regarding claim 28, Zewde describes the engineered yarn structure of claim 21, wherein the first yarn section has a first length, wherein the second yarn section has a second length that is different from the first length (lengths may be different, para. 0083).
Regarding claim 31, Zewde describes the engineered yarn structure of claim 21, wherein the transition junction has a length of less than 1 millimeter (the claim does not state that this is the ONLY place that has commingled threads, thus less than 1 mm of the area where the threads commingle is considered the transition junction, and Zewde includes a commingled area with the first and second yarns).
Regarding claim 38, Zewde describes a method comprising:
forming a yarn (spliced yarn 12) having an engineered yarn structure comprising:
a first yarn section formed by a first yarn segment (see annotated Fig. 7); and
a second yarn section formed by a second yarn segment (see annotated Fig. 7),
wherein the engineered yarn structure comprises a transition junction (less than 1 mm of the intermingled area, para. 0025) that comprises commingled portions of the first yarn section and the second yarn section (intermingled, para. 0025),
wherein the first section has a first type of a first aesthetic characteristic (first color), and
wherein the second section has a second type of the first aesthetic characteristic that is different from the first type (second color, different, para. 0026),
wherein forming the yarn comprises wrap splicing, mechanical knotting, twisting, or entangling (intermingled, para. 0025) respective adjacent severed ends of the first and second yarn segments to form the transition junction.
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Regarding claim 40, Zewde describes the method of claim 38, wherein the first aesthetic characteristic is color, wherein the first type is a first color, and wherein the second type is a second color different than the first color (colors, different, para. 0026).
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 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.
Claims 21, 22, and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mallen et al. (US 20150237960) in view of Dua et al. (US 20130186054).
Regarding claim 21 Mallen includes an engineered yarn structure (continuous yarn spliced at pre-selected positions, para. 0146) comprising:
a first yarn section (lengths of one, two, three or more kinds or types of yarn, para. 0146) formed by a first yarn segment (one of the kinds or types of yarn); and
a second yarn section (lengths of one, two, three or more kinds or types of yarn, para. 0146) formed by a second yarn segment (one of the kinds or types of yarn).
Mallen does not explicitly describe wherein the first section has a first type of a first aesthetic characteristic, and
wherein the second section has a second type of the first aesthetic characteristic that is different from the first type.
In related art, Mallen does describe that different portions may be different colors (para. 0100). It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the yarn to have different colors in the different section in order to provide a particular color or characteristic at a particular locations (para. 0146) for example as suggested by para. 0100 that different colors may be utilized in the upper.
While Mallen describes that the yarn is spliced, it does not explicitly describe how the yarn is spliced and thus fails to explicitly disclose
wherein the engineered yarn structure comprises a transition junction that comprises commingled portions of the first yarn section and the second yarn section,
wherein a severed end of the first yarn segment is wrap spliced, mechanically knotted, twisted, or entangled with a severed end of the second yarn segment to form the transition junction.
Mallen references that splicing may be accomplished via the techniques in US 20130185054 to Dua which appears to be a typographical error that should be US 20130186054 as the reference publication is not to Dua and does not relate to splicing.
In related art for splicing Dua describes wherein the engineered yarn structure comprises a transition junction that comprises commingled portions of the first yarn section and the second yarn section (frayed ends are joined via intermeshing the ends, para. 0028),
wherein a severed end of the first yarn segment is wrap spliced, mechanically knotted, twisted, or entangled (intermeshed, para. 0028) with a severed end of the second yarn segment to form the transition junction.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the yarn of Mallen to include the intermeshed areas as described in Dua in order to provide a mechanism by which to join the yarns together. That is, without some sort of splicing technique Mallen would not be able to provide a continuous yarn.
Regarding claim 22, Mallen as modified describes engineered yarn structure of claim 21, further comprising a third yarn section (lengths of one, two, three or more kinds or types of yarn, para. 0146), wherein the engineered yarn structure comprises a second transition junction that comprises commingled portions of the second yarn section and the third yarn section (joined via splicer as modified).
Regarding claim 32, Mallen as modified describes the engineered yarn structure of claim 22, wherein the first aesthetic characteristic of the third yarn section is a third type that is different from the first and second types (as modified, can be different colors as desired).
Claims 29 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zewde et al. (US 20040118098).
Regarding claim 29, Zewde describes the engineered yarn structure of claim 21, but is silent as to the actual length of the yarn sections and thus fails to disclose wherein the first and second yarn sections of each yarn of the at least one yarn of the plurality of yarns have respective lengths of between 800 meters and 5000 meters.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the length of the segments as such a modification is simply a change in size which is not sufficient to distinguish over the prior (see MPEP 2144.04(IV)(A)). The specification provides no criticality for this particular length and It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify Zewde to have the particular lengths depending on the desired article being formed.
Regarding claim 30, Zewde describes the engineered yarn structure of claim 21, but is silent as to the length of the yarn sections and thus silent as to wherein the first and second yarn sections have respective lengths between 800 meters and 5000 meters.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the length of the segments as such a modification is simply a change in size which is not sufficient to distinguish over the prior (see MPEP 2144.04(IV)(A)). The specification provides no criticality for this particular length and It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify Zewde to have the particular lengths depending on the desired article being formed.
Claims 33-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zewde et al. (US 20040118098) in view of Blackstone et al. (US 4106416).
Regarding claim 33 Zewde describes An article comprising:
wherein the at least one aesthetic characteristic comprises one or more of luster, color (color, para. 0026), size, physical attribute associated with material type, or texture,
wherein at least one yarn of the plurality of yarns comprises an engineered yarn structure (spliced yarn 12) having:
a first yarn section (see annotated Fig. 7) formed by a first yarn segment; and
a second yarn section (see annotated Fig. 7) formed by a second yarn segment,
wherein the engineered yarn structure comprises a transition junction (less than 1 mm of the intermingled area, para. 0025) that comprises commingled portions of the first yarn section and the second yarn section,
wherein a severed end of the first yarn segment is wrap spliced, mechanically knotted, twisted, or entangled (intermingled, para. 0025) with a severed end of the second yarn segment to form the transition junction, and
wherein the first section has a first type of a first aesthetic characteristic of the at least one aesthetic characteristic (color), and wherein the second section has a second type of the first aesthetic characteristic that is different from the first type (second color, different, para. 0026).
Zewde describes forming a yarn that can be used for forming carpet (para. 0006) but does not explicitly describe actually utilizing the yarn in a carpet and thus does not explicitly describe a backing; and
a plurality of yarns tufted, woven, or knitted through the backing, each yarn defining at least one aesthetic characteristic,
In related art, Blackstone describes
a backing (backing 134); and
a plurality of yarns tufted (includes a plurality of yarns associated with a plurality of needles), woven, or knitted through the backing, each yarn defining at least one aesthetic characteristic (have different colors).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify multiple yarns of Zewde to be utilized in a tufted carpet such as described in Blackstone in order to provide a use for the yarn formed rather than solely be splicing yarn together.
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Regarding claim 34, Zewde as modified describes the article of claim 33, wherein the first aesthetic characteristic is color, wherein the first type is a first color, and wherein the second type is a second color different than the first color (have different colors, para. 0026).
Regarding claim 35, Zewde as modified describes the article of claim 33, wherein the first yarn section of a first yarn of the at least one yarn of the plurality of yarns has a first length (lengths can be different, para. 0083, also Blackstone includes different sized areas of different coloring and also would therefore include sections of different lengths), wherein the first yarn section of a second yarn of the at least one yarn of the plurality of yarns has a second length that is different from the first length (lengths can be different, para. 0083, also Blackstone includes different sized areas of different coloring and also would therefore include sections of different lengths for the yarns).
Regarding claim 36, Zewde as modified describes the article of claim 35, wherein but does not explicitly describe that the article has a first axis along which rows of tufts of the first and second yarns extend, wherein the first section of each of the first and second yarns has a respective starting location along the first axis, and wherein the starting location of the first section of the first yarn is axially offset from the starting location of the first section of the second yarn along the first axis.
In related art, Blackstone describes a tufting machine that dies yarn according to a scan and then tufts a carpet according to that scan to replicate the scanned image (see, e.g., col. 3, ll. 1-31). Thus, colors of adjacent tufts are different in both the axial direction and offset direction (see annotated Fig. 6 which depicts the scanned image which is reproduced as a tufted article, on having ordinary skill would understand that an article would require multiple tufted rows adjacent to one another).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify Zewde to include the scanner and subsequent particular placement of color yarn in order to utilized the spliced yarn in an efficient manner to recreate scanned images (see, e.g., col. 3, ll. 1-31, Blackstone).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Grossman (US 9487887) could be utilized as an anticipatory reference for at least some of the independent claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732