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 on 04/28/2026 has been entered. Claims 1-14 are currently pending in the application. Claims 3-5 and 7-14 have been previously withdrawn from further consideration. Claims 1-2 and 6 are being treated on the merits. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 04/28/2026.
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.
Claims 1-2 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schnegg (US 5,191,777 A).
Regarding claim 1, Schnegg discloses a fabric structure (fig. 5; col. 8, ll. 30-41; claim 1) comprising a knitted structure (see annotated fig. 5; col. 8, ll. 30-41) and a woven structure (see annotated fig. 5; col. 8, ll. 30-41) adjacent to each other (see annotated fig. 5),
wherein the knitted structure is formed by a plurality of first linear bodies (first threads forming wales; see annotated fig. 5; col. 8, ll. 30-41),
the woven structure is formed continuously with the knitted structure by the plurality of first linear bodies (see annotated fig. 5; col. 8, ll. 30-41) and a plurality of second linear bodies (second threads 1c, 3c, 5c; see annotated fig. 5; col. 8, ll. 30-41) that intersect with the plurality of first linear bodies and are different from the plurality of first linear bodies (see annotated fig. 5; col. 8, ll. 30-41), and
the plurality of first linear bodies continuously extend from the knitted structure into the woven structure without forming loops in the woven structure (see annotated fig. 5; col. 8, ll. 30-41).
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Annotated Fig. 5 from US 5,191,777 A
Regarding claim 2, Schnegg discloses the fabric structure according to claim 1, and further discloses wherein the knitted structure is formed by warp knitting (as tricot stitches formed by warp knitting; fig. 5; col. 8, ll. 30-41),
the plurality of first linear bodies extend along a warp direction (see annotated fig. 5), and
the plurality of second linear bodies extend along a weft direction (see annotated fig. 5).
Regarding claim 6, Schnegg discloses the fabric structure according to claim 1. As to the limitation "wherein the knitted structure and the woven structure are continuously formed by a same device", the limitation is deemed a product-by-process limitation in the claim. Determination of patentability is based on the product itself, not on its method of production. If the product in the product-by-process limitation is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113, I. In this case, the fiber structure of Schnegg has the fiber structure as claimed, therefore meets the structure requirements of the fiber structure.
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zmatlik (US 3,746,051 A).
Regarding claim 1, Zmatlik discloses a fabric structure (fig. 1; col. 7, ll. 63-67) comprising a knitted structure (knitted wale 7; col. 7, ll. 67-68; col. 8, ll. 1-6) and a woven structure (woven stripe 2; fig. 1; col. 7, ll. 67-68; col. 8, ll. 1-6) adjacent to each other (fig. 1; col. 7, ll. 67-68; col. 8, ll. 1-6),
wherein the knitted structure is formed by a plurality of first linear bodies (weft threads 1; see annotated fig. 1; fig. 1; col. 7, ll. 67-68; col. 8, ll. 1-6),
the woven structure is formed continuously with the knitted structure by the plurality of first linear bodies (fig. 1; col. 7, ll. 67-68; col. 8, ll. 1-6) and a plurality of second linear bodies (warp threads 3; fig. 1; col. 8, ll. 1-6) that intersect with the plurality of first linear bodies (fig. 1; col. 7, ll. 67-68; col. 8, ll. 1-6) and are different from the plurality of first linear bodies (fig. 1; col. 7, ll. 67-68; col. 8, ll. 1-6), and
the plurality of first linear bodies continuously extend from the knitted structure into the woven structure without forming loops in the woven structure (fig. 1; col. 7, ll. 67-68; col. 8, ll. 1-6).
Regarding claim 6, Zmatlik discloses the fabric structure according to claim 1, and further discloses wherein the knitted structure and the woven structure are continuously formed by a same device (fig. 2; col. 7, ll. 67-68; col. 8, ll. 27-37).
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied as necessitated by the amendment. Applicant's arguments filed 04/28/2026 have been fully considered, but are moot in view of the new grounds of rejection as discussed supra.
For clarification, in response to Applicant's argument "[t]he combination of the unique structural transition ("without forming loops") and the process of forming it on a "same device" underscores the patentable distinction over the prior art" about claim 6, it is noted that claim 6 is a product-by-process claim. Determination of patentability is based on the product itself, not on its method of production. If the product in the product-by-process limitation is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113, I.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732
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