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 .
Election/Restrictions
Applicant's election of Species 4 (as depicted in Fig. 4) in the reply filed on 04/30/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant, in the reply, states that claims 1-6, 8-17, and 19-20 are readable on the elected Species 4. However, after a full review of the instant application, it is noted that claim 9 contains limitation(s) drawn to non-elected Species 3 (as depicted in Fig. 3); accordingly, claim 9 is withdrawn from further consideration as being drawn to a non-elected invention.
Claims 7, 9 and 18 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Claims 1-6, 8, 10-17, and 19-20 are being treated on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/25/2025 does not include any reference, therefore cannot be considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed feature "the single longitudinal seam extends medially or laterally on a side of a thigh or extends over a front side of the thigh" as to "extends over a front side of the thigh" must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 12 and 20 are objected to because of the following informalities:
In claim 1, line 7, "comprises" appears to read "comprising";
In claim 12, line 7, "comprises" appears to read "comprising";
In claim 20, line 7, "comprises" appears to read "comprising".
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.
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.
Claims 1-6, 8-17, and 19-20 are 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 1 recites the limitation "a flat-knitted basic fabric part produced by a flat knitting machine comprising a single continuous flat-knitted basic fabric comprising a longitudinal length and a transverse width with two transverse edges sewn together". The limitation includes two instances of "comprising". It is unclear which item is being referred to by the second instance of "comprising". The flat-knitted basic fabric part? The single continuous flat-knitted basic fabric? For examination purposes, the limitation has been construed to be "a flat-knitted basic fabric part produced by a flat knitting machine comprising a single continuous flat-knitted basic fabric, the single continuous flat-knitted basic fabric comprising a longitudinal length and a transverse width with two transverse edges sewn together".
Claim 1 recites the limitation "the sole of the foot". There is insufficient antecedent basis for "the sole" and "the foot" in the claim. It is unclear whether the limitation is referring to a sole of a foot of the leg garment or a sole of a foot of a wearer. For examination purposes, the examiner has interpreted the leg garment comprising a foot, the foot comprising a sole, and the limitation has been construed to be the sole of the foot of the leg garment.
Claim 2 recites the limitation "the longitudinal direction of the tubular knitted fabric". There is insufficient antecedent basis for "the tubular knitted fabric" and "the longitudinal direction" in the claim. First, it is unclear what tubular knitted fabric is being referred to and where it is located. Second, it is unclear which direction is considered as a longitudinal direction of the "tubular knitted fabric". For examination purposes, the examiner has interpreted that the flat-knitted basic fabric part forming a tubular knitted fabric after the two transverse edges being sewn together by means of the single longitudinal seam, and the limitation has been construed to be a longitudinal direction of the tubular knitted fabric.
Claim 12 recites the limitation "a flat-knitted basic fabric part produced by a flat knitting machine comprising a single continuous flat-knitted basic fabric comprising a longitudinal length and a transverse width with two transverse edges sewn together". The limitation includes two instances of "comprising". It is unclear which item is being referred to by the second instance of "comprising". The flat-knitted basic fabric part? The single continuous flat-knitted basic fabric? For examination purposes, the limitation has been construed to be "a flat-knitted basic fabric part produced by a flat knitting machine comprising a single continuous flat-knitted basic fabric, the single continuous flat-knitted basic fabric comprising a longitudinal length and a transverse width with two transverse edges sewn together".
Claim 13 recites the limitation "the longitudinal direction of the tubular knitted fabric". There is insufficient antecedent basis for "the tubular knitted fabric" and "the longitudinal direction" in the claim. First, it is unclear what tubular knitted fabric is being referred to and where it is located. Second, it is unclear which direction is considered as a longitudinal direction of the "tubular knitted fabric". For examination purposes, the examiner has interpreted that the flat-knitted basic fabric part forming a tubular knitted fabric after the two transverse edges being sewn together by means of the single longitudinal seam, and the limitation has been construed to be a longitudinal direction of the tubular knitted fabric.
Claim 20 recites the limitation "a flat-knitted basic fabric part produced by a flat knitting machine comprising a single continuous flat-knitted basic fabric comprising a longitudinal length and a transverse width with two transverse edges sewn together". The limitation includes two instances of "comprising". It is unclear which item is being referred to by the second instance of "comprising". The flat-knitted basic fabric part? The single continuous flat-knitted basic fabric? For examination purposes, the limitation has been construed to be "a flat-knitted basic fabric part produced by a flat knitting machine comprising a single continuous flat-knitted basic fabric, the single continuous flat-knitted basic fabric comprising a longitudinal length and a transverse width with two transverse edges sewn together".
The remaining claims each depend from a rejected base claim and are likewise rejected.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-6, 8, 10-17, and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-6, 8, 10 and 12 of U.S. Patent 12,453,383 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1-6, 8, 10-17, and 19-20 are anticipated by the patent claims. Every limitation in the application under examination claims is recited in the conflicting reference patent claims.
Below is a table illustrating a claim to claim analysis of the double patenting rejections.
Instant Application
U.S. Patent 12,453,383 B2
1. A leg garment, comprising:
[A] a flat-knitted basic fabric part produced by a flat knitting machine comprising a single continuous flat-knitted basic fabric comprising a longitudinal length and a transverse width with two transverse edges sewn together by means of a single longitudinal seam to form the leg garment comprising a foot shape having a heel area,
[B] the flat-knitted basic knitted fabric part being formed by one or more stitch-forming basic knitting threads and at least one inserted weft thread, and
[C] the single longitudinal seam comprises the only longitudinal seam forming the leg garment; and
[D] at least one first functional zone comprised in the heel area of the flat-knitted basic fabric part, the at least one first functional zone being knitted into the flat-knitted basic fabric part,
[E] wherein the at least one first functional zone is knitted into the basic knitted fabric part in such a manner that in the worn state of the leg garment, the longitudinal seam connecting the basic knitted fabric part is arranged outside the sole of the foot at least in a heel area, and
[F] wherein the at least one first functional zone is free of irritation inducing elements.
1. [G][U] A compressive leg garment, comprising:
[A][O][AA] a flat-knitted basic fabric part knitted on a knitting machine forming at least one foot part comprising a longitudinal length and a transverse width, [D][R][DD] with at least one first functional zone formed to accommodate a heel of a foot that is knitted into the flat-knitted basic fabric part; and
[DD] wherein the at least one first functional zone comprises a plurality of successive knitted gussets formed by successive partial stitch courses,
[B][P][BB] wherein the flat-knitted basic fabric part is formed by a right-right weave, or by a half tubular weave, each of the right-right weave and the half tubular weave having an inserted weft thread,
[DD] wherein each of the successive partial stitch courses is arranged between transverse edges of the flat-knitted basic fabric part and within the transverse width,
[A][O][S][AA] wherein the flat-knitted basic fabric part is a single continuous flat-knitted basic fabric with two transverse edges sewn together by means of a single longitudinal seam to form a tubular knitted fabric to form the compressive leg garment with a foot shape having a heel area,
[E][S] wherein the at least one first functional zone is knitted into the flat-knitted basic fabric part in such a manner that in a worn state of the leg garment, the longitudinal seam connecting the flat-knitted basic fabric part is arranged outside of a heel area of the foot,
[C][Q][CC] wherein the single longitudinal seam comprises the only longitudinal seam positioned outside of the heel area, forming the compressive leg garment of a single piece of the flat knitted fabric part,
[F][T] wherein the heel area is free of irritation inducing elements of the basic knitted fabric part, and
[G][U] wherein the flat-knitted basic fabric part has a gradual compression curve in a longitudinal direction of the tubular knitted fabric of the leg garment such that the compressive leg garment exerts compression on a limb in its worn state, and wherein compressive pressures generated by the flat-knitted basic fabric part are between 10 and 60 mmHg in an ankle area of the leg garment and between 5 and 50 mmHg in a calf region.
2. The leg garment of claim 1,
[G] wherein the leg garment is a compressive leg garment, wherein the flat-knitted basic fabric part has a gradual compression curve in the longitudinal direction of the tubular knitted fabric such that the compressive leg garment exerts compression on a limb in its worn state, and wherein compressive pressures generated by the flat-knitted basic fabric part are between 10 and 60 mmHg in an ankle area of the leg garment and between 5 and 50 mmHg in a calf region of the leg garment.
2. The compressive leg garment according to claim 1,
[H][V] wherein in the worn state of the leg garment, the longitudinal seam extends medially or laterally on a side of the foot and/or extends over an upper side of the foot.
3. The leg garment of claim 1,
[H] wherein in a worn state of the leg garment, the longitudinal seam extends medially or laterally on a side of a foot and/or extends over an upper side of the foot.
3. The compressive leg garment according to claim 1,
[I][W] wherein the flat-knitted basic fabric part additionally forms a toe part, wherein the toe part is sewn together by means of a transverse seam to form a closed toe cap.
4. The leg garment of claim 1,
[I] wherein the flat-knitted basic fabric part additionally forms a toe part, wherein the toe part is sewn together by means of a transverse seam to form a closed toe cap.
5. The compressive leg garment according to claim 1,
[J][X] wherein the flat-knitted basic fabric part additionally forms a lower leg part, and wherein in the worn state of the leg garment, the single longitudinal seam extends medially or laterally on a side of a lower leg and/or extends over a front side of the lower leg along a shinbone.
5. The leg garment of claim 1,
[J] wherein the flat-knitted basic fabric part additionally forms a lower leg part, and wherein in a worn state of the leg garment, the single longitudinal seam extends medially or laterally on a side of a lower leg and/or extends over a front side of the lower leg along a shinbone.
6. The compressive leg garment according to claim 5,
[K][Y] wherein the flat-knitted basic knitted fabric part additionally forms a thigh part, wherein in the worn state of the leg garment, the single longitudinal seam extends medially or laterally on a side of a thigh or extends over a front side of the thigh.
6. The leg garment of claim 5,
[K] wherein the flat-knitted basic knitted fabric part additionally forms a thigh part, wherein in the worn state of the leg garment, the single longitudinal seam extends medially or laterally on a side of a thigh or extends over a front side of the thigh.
8. The compressive leg garment according to claim 1,
[L][Z] wherein the flat-knitted basic fabric part has at least one second functional zone which is knitted into the flat-knitted basic fabric part and which has a higher elasticity in a longitudinal and/or transverse direction compared to areas of the flat-knitted basic fabric part outside of the at least one second functional zone.
8. The leg garment of claim 1,
[L] wherein the flat-knitted basic fabric part has at least one second functional zone knitted into the flat-knitted basic fabric part, the at least on second functional zone has a higher elasticity in a longitudinal and/or transverse direction compared to areas of the flat-knitted basic fabric part outside of the at least one second functional zone.
10. The compressive leg garment according to claim 1,
[M] wherein two knitted fabric edges of the flat-knitted basic fabric part, which extend between a knitted fabric beginning and a knitted fabric end and are situated opposite one another, are asymmetrical to one another.
10. The leg garment of claim 1,
[M] wherein the two transverse edges of the flat-knitted basic fabric part are situated opposite one another and asymmetrical to one another.
12. The compressive leg garment according to claim 1,
[N] wherein the leg garment is a footlet, a sock, a stocking, a calf stocking, a pantyhose, a foot bandage, or a knitted part of a foot orthosis.
11. The leg garment of claim 1,
[N] wherein the leg garment is a footlet, a sock, a stocking, a calf stocking, a pantyhose, a foot bandage, or a knitted part of a foot orthosis.
12. A leg garment, comprising:
[O] a flat-knitted basic fabric part produced by a flat knitting machine comprising a single continuous flat-knitted basic fabric comprising a longitudinal length and a transverse width with two transverse edges sewn together by means of a single longitudinal seam to form the leg garment comprising a foot shape having a heel area,
[P] the flat-knitted basic knitted fabric part being formed by one or more stitch-forming basic knitting threads and at least one inserted weft thread, and
[Q] the single longitudinal seam comprises the only longitudinal seam forming the leg garment; and
[R] at least one first functional zone comprised in the heel area of the flat-knitted basic fabric part, the at least one first functional zone being knitted into the flat-knitted basic fabric part,
[S] wherein the entire width of the at least one functional zone is arranged between transverse edges of the flat-knitted basic fabric part and within the transverse width and
[T] wherein the at least one first functional zone is free of irritation inducing elements.
13. The leg garment of claim 12,
[U] wherein the leg garment is a compressive leg garment, wherein the flat-knitted basic fabric part has a gradual compression curve in the longitudinal direction of the tubular knitted fabric such that the compressive leg garment exerts compression on a limb in its worn state, and wherein compressive pressures generated by the flat-knitted basic fabric part are between 10 and 60 mmHg in an ankle area of the leg garment and between 5 and 50 mmHg in a calf region of the leg garment.
14. The leg garment of claim 12,
[V] wherein in a worn state of the leg garment, the longitudinal seam extends medially or laterally on a side of a foot and/or extends over an upper side of the foot.
15. The leg garment of claim 12,
[W] wherein the flat-knitted basic fabric part additionally forms a toe part, wherein the toe part is sewn together by means of a transverse seam to form a closed toe cap.
16. The leg garment according to claim 12,
[X] wherein the flat-knitted basic fabric part additionally forms a lower leg part, and wherein in a worn state of the leg garment, the single longitudinal seam extends medially or laterally on a side of a lower leg and/or extends over a front side of the lower leg along a shinbone.
17. The leg garment of claim 16,
[Y] wherein the flat-knitted basic knitted fabric part additionally forms a thigh part, wherein in the worn state of the leg garment, the single longitudinal seam extends medially or laterally on a side of a thigh or extends over a front side of the thigh.
19. The leg garment of claim 12,
[Z] wherein the flat-knitted basic fabric part has at least one second functional zone knitted into the flat-knitted basic fabric part, the at least one second functional zone has a higher elasticity in a longitudinal and/or transverse direction compared to areas of the flat-knitted basic fabric part outside of the at least one second functional zone.
20. A leg garment, comprising:
[AA] a flat-knitted basic fabric part produced by a flat knitting machine comprising a single continuous flat-knitted basic fabric comprising a longitudinal length and a transverse width with two transverse edges sewn together by means of a single longitudinal seam to form the leg garment comprising a foot shape having a heel area,
[BB] the flat-knitted basic knitted fabric part being formed by one or more stitch-forming basic knitting threads and at least one inserted weft thread, and
[CC] the single longitudinal seam comprises the only longitudinal seam forming the leg garment; and
[DD] at least one first functional zone comprised in the heel area of the flat-knitted basic fabric part, the at least one first functional zone being knitted into the flat-knitted basic fabric part and comprised of a plurality of successive partial stitch courses, wherein each of the successive partial stitch courses is arranged between transverse edges of the flat-knitted basic fabric part and within the transverse width, and
[EE] wherein the at least one first functional zone is free of irritation inducing elements.
As shown in the mapping above, claims 11-3, 5-6, 8, 10 and 12 of the reference patent include all the limitations of claims 1-6, 8, 10-17, and 19-20 of the instant application.
Status of Claims
Generic claims 1, 12 and 20 are currently free of prior art within the scope of the elected Species 4. Claims 2-6, 8, 10-11, 13-17, and 19 each depend from a generic claim and are free of prior art as well. It is noted that when the claims are in condition for allowance as to the elected Species 4, the non-elected species will be rejoined and prior art rejections may possibly apply to the claims. It is suggested Applicant amend the generic claims to recite distinct features of Species 4 to expedite prosecution.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional relevant references cited on attached PTO-892 form(s) can be used to formulate a rejection if necessary. Thierfelder (GB 679,661 A) discloses a leg garment comprising a flat-knitted basic fabric part comprising a continuous flat-knitted basic fabric and a back longitudinal seam.
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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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.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732
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