DETAILED ACTION
This is in response to application filed on November 10th, 2025 in which claims 1-20 were presented for examination, amended by preliminary amendment on 5/26/26 to present Claims 9-28 for examination.
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 Group II (Claims 9-20) and Species B (Figs. 3-6) in the reply filed on 5/26/26 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/3/26 has been considered by the examiner.
Specification
The abstract of the disclosure is objected to because of the following:
Abstract should not be the same as the parent application 17/990,383 (USPN 12467168) and should instead be amended to include the continuation subject mater herein, such as the openings
Correction is required. See MPEP § 608.01(b).
Claim Objections
Claim(s) 14 is/are objected to because of the following informalities:
Claim 14 Line 2 delete “it” and substitute –the tensile element--
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 the first paragraph of 35 U.S.C. 112(a):
IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 19 is/are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
Claim 19 was not presented in the original filing of the parent application 17/990,383. Furthermore, no support is found herein for “warp yarns comprise a high-tenacity yarn.” [0029] indicates that a high-tenacity yarn may be utilized, but is recited in the context of the tensile elements (currently Claim 24). No support is found for the high-tenacity yarns being utilized for warp yarns. Furthermore, the application has been filed as a continuation, and not as a continuation-in-part. As such, Claim 19 is considered new matter.
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) 19 is/are rejected under U.S.C. 112(b).
The term “warp yarns comprise a high-tenacity yarn” in Claim 19 is unclear and therefore renders the claim indefinite. Especially in light of the 112(a) new matter rejection, it is unclear if the recitation is meant to be interpreted as the warp yarns are high-tenacity yarns, or merely affiliated such material (for example, a tensile element relative to the warp yarns). For the purposes of applying art and providing rejections, the former interpretation will be taken for Claim 19.
Claim Interpretation
Specific Definition(s): The term “high-tenacity” in Claims 19, 24 is being interpreted as defined in [0029] as any material with a tenacity greater than or equal to 5 g/D.
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.
Claim(s) 9-14, 20, 22, 23, 25, 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Safrit et al (USPN 4122555), herein Safrit.
Regarding Claim 9, Safrit teaches an upper of an article of footwear (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Figs. 4-6; Col. 1 Lines 5-6 "invention relates...to...panty hose type garment with a crotch insert", wherein at least a portion is integrally warp knit as shown in Fig. 4 of the crotch/throat; Safrit teaches the pantyhose/upper which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for an article of footwear, especially in light of Col. 2 Lines 30-37 “lower body garment of the present invention is illustrated in the drawings in the form of a panty hose which…includes a panty portion, indicated at P in Fig. 6, and a pair of legs 10, 11 which are suitably closed at their lower end portions to provide respective toe ends 12 and 13. The toe end portions 12, 13 may be closed in the usual manner”; wherein closed toe portions clearly indicate that Fig. 6 panty hose/upper covers a foot and therefore is at least a portion of an article of footwear; wherein the pantyhose constitutes an upper inasmuch as the term has been defined, see extrinsic evidence Lombardo US Publication 2006/0112591), the upper comprising:
a warp knit component (see aforementioned; see Fig. 4; Col. 3 Lines 14-15 "crotch insert C is formed…illustrated in Fig. 4 as being warp knit"), comprising:
a plurality of warp yarns arranged to form a plurality of warp knit courses (see Fig. 4; Col. 3 Lines 14-15); and
a plurality of areas formed without the plurality of warp knit courses (see Fig. 4),
each area comprising an integrally-formed opening that extends through the warp knit component (see Fig. 4),
wherein the plurality of areas form a pattern (wherein the existence of areas indicates a pattern).
Regarding Claim 10, Safrit teaches the upper of claim 9, wherein one or more yarns (M) are incorporated into the warp knit component to impart zonal properties (see Fig. 4; Col. 3 Lines 23-25 "moisture absorbent yarn, such as cotton indicated at M in Fig. 4, is inlaid in a zig-zag pattern on one face of the fabric strip"; wherein the existence of M indicates zonal properties, such as due to the material properties).
Regarding Claim 11, Safrit teaches the upper of claim 9, further comprising a tensile element (M) incorporated into the plurality of warp yarns (see Fig. 4; Col. 3 Lines 23-25 "moisture absorbent yarn, such as cotton indicated at M in Fig. 4, is inlaid in a zig-zag pattern on one face of the fabric strip", wherein based on applicant specification [0029], the term tensile is met by an inlay polymer, wherein it is known in the art that cotton is a polymer, see extrinsic evidence HowStuffWorks NPL).
Regarding Claim 12, Safrit teaches the upper of claim 11, wherein the tensile element is inlaid into the warp knit component (see Fig. 4; Col. 3 Lines 23-25).
Regarding Claim 13, Safrit teaches the upper of claim 11, wherein the tensile element is inlaid through at least one of the plurality of warp knit courses (see Fig. 4; Col. 3 Lines 23-25).
Regarding Claim 14, Safrit teaches the upper of claim 11, wherein the tensile element is inlaid such that it extends in multiple directions through the warp knit component (see Fig. 4; Col. 3 Lines 23-25).
Regarding Claim 20, Safrit teaches an article of footwear (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Figs. 4-6; Col. 1 Lines 5-6 "invention relates...to...panty hose type garment with a crotch insert", wherein at least a portion is integrally warp knit as shown in Fig. 4 of the crotch/throat; Col. 2 Lines 30-37 “lower body garment of the present invention is illustrated in the drawings in the form of a panty hose which…includes a panty portion, indicated at P in Fig. 6, and a pair of legs 10, 11 which are suitably closed at their lower end portions to provide respective toe ends 12 and 13. The toe end portions 12, 13 may be closed in the usual manner”; wherein closed toe portions clearly indicate that Fig. 6 panty hose/upper covers a foot and therefore is at least a portion of an article of footwear),
an upper (see aforementioned), comprising:
a warp knit component (see aforementioned; see Fig. 4; Col. 3 Lines 14-15 "crotch insert C is formed…illustrated in Fig. 4 as being warp knit"), comprising:
a plurality of warp yarns arranged to form a plurality of warp knit courses (see Fig. 4; Col. 3 Lines 14-15); and
a plurality of areas formed without the plurality of warp knit courses (see Fig. 4),
each area comprising an integrally-formed opening that extends through the warp knit component (see Fig. 4),
wherein the plurality of areas form a pattern (wherein the existence of areas indicates a pattern).
Regarding Claim 22, Safrit teaches the article of footwear of claim 20, further comprising a tensile element incorporated into the warp knit component (see Fig. 4; Col. 3 Lines 23-25 "moisture absorbent yarn, such as cotton indicated at M in Fig. 4, is inlaid in a zig-zag pattern on one face of the fabric strip"; wherein based on applicant specification [0029], the term tensile is met by an inlay polymer, wherein it is known in the art that cotton is a polymer, see extrinsic evidence HowStuffWorks NPL).
Regarding Claim 23, Safrit teaches the article of footwear of claim 22, wherein the tensile element is inlaid into the warp knit component (see Fig. 4; Col. 3 Lines 23-25).
Regarding Claim 25, Safrit teaches the article of footwear of claim 22, wherein the tensile element is inlaid into the warp knit component such that the tensile element extends in multiple directions through the warp knit component (see Fig. 4; Col. 3 Lines 23-25).
Regarding Claim 26, Safrit teaches the article of footwear of claim 20, wherein the warp knit component comprises a thermoplastic material (see Fig. 4; Col. 3 Lines 14-15 "crotch insert C is formed…illustrated in Fig. 4 as being warp knit and includes…chains of stitch loops…The chains of stitch loops are preferably knit of synthetic stretchable textured yarn, such as nylon indicated at N", wherein it is known in the art that nylon is thermoplastic, see extrinsic evidence Doi et al USPN 4748078).
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.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safrit et al (USPN 4122555), herein Safrit, in view of Tamm et al (USPN 10939729), herein Tamm.
Regarding Claim 15, Safrit teaches all the claimed limitations as discussed above in Claim 9.
Safrit does not explicitly each wherein a thermoplastic material forms a skin layer that extends across the warp knit component.
Tamm teaches wherein a thermoplastic material forms a skin layer that extends across the warp knit component (Col. 18 Lines 45-55 "polymer layer may be applied to one side or both sides of knitwear (…warp-knit goods)…in an upper, it may, e.g., serve the purpose of supporting and/or stiffening and/or reducing elasticity…protects…against abrasion"; Col. 19 Lines 39-44 "polymer materials may be used:...thermoplastic polyurethanes").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tamm’s warp knit component with the thermoplastic skin layer as taught by Tamm in order to provide the desired support and/or stiffening and/or elastic reduction and/or abrasion protection (Col. 18 Lines 45-55), especially in the same art of endeavor as warp knit components of uppers.
Claim(s) 16, 17, 27, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safrit et al (USPN 4122555), herein Safrit in view of Doi et al (USPN 4748078), herein Doi.
Regarding Claim 16, Safrit teaches all the claimed limitations as discussed above in Claim 9.
Safrit does not explicitly teach wherein the plurality of warp yarns comprise at least one yarn comprising a thermoplastic material that is heat-processed such that a thermoformed network of yarns is formed.
However, Safrit does teach that the plurality of warp yarns are of nylon (see Fig. 4; Col. 3 Lines 14-15 "crotch insert C is formed…illustrated in Fig. 4 as being warp knit and includes…chains of stitch loops…The chains of stitch loops are preferably knit of synthetic stretchable textured yarn, such as nylon indicated at N").
Doi further teaches wherein the plurality of nylon warp yarns comprise at least one yarn comprising a thermoplastic material that is heat-processed such that a thermoformed network of yarns is formed (see Fig. 1; abstract "warp knitted lace comprising a plurality of chain stitches…made…in part by a heat bonding yarn comprising a lace knitting yarn carrying a low-melting thermoplastic synthetic resin covering…said heat bonding yarn being thermally jointed to itself or to other components at intersections"; Claim 4 in Col. 7 Line 25-Col. 8 Line 2 "heat bonding yarn comprises a nylon filament yarn having a substantially higher melting point than said thermoplastic synthetic resin as a core and a nylon 6-nylon 66-nylon 12 terpolymer as a surface covering"; see Fig. 3; Col. 3 Lines 59-65 "nylon wooly yarn is coated with a low-melting synthetic resin...consisting in a terpolymer of nylon 6-nylon 66-nylon 12...to give a heat-bonding yarn 12 (the second ground yarn)...nylon multifilament yarn is used as the first yarn 11"; wherein heat bonding indicates heat processing, and a knit is a network; as such, heat bonding a knit results in a thermoformed network, especially in light of thermal joints).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Safrit's first nylon with the core/sheath nylon thermoplastic of Doi to reduce breakage/runs while providing a soft hand (Col. 1 Lines 8-53), in same art of endeavor as warp knit fabrics.
Regarding Claim 17, modified Safrit teaches all the claimed limitations as discussed above in Claim 16.
Doi further teaches wherein the at least one yarn comprises a core and a sheath (Claim 4; yarn 12 with core/covering),
and wherein the sheath comprises the thermoplastic material (abstract; yarn 12 with the thermoplastic covering).
Regarding Claim 27, Safrit teaches all the claimed limitations as discussed above in Claim 20.
The body of Claim 27 is the same as the body of Claim 16. As such, see the aforementioned rejection of the body of Claim 16 for the rejection of the body of Claim 27.
Regarding Claim 28, Safrit teaches all the claimed limitations as discussed above in Claim 20.
Safrit does not explicitly teach wherein the warp knit component comprises a skin layer.
Doi teaches wherein the warp knit component comprises a skin layer (see Fig. 1; abstract "warp knitted lace comprising a plurality of chain stitches…made…in part by a heat bonding yarn comprising a lace knitting yarn carrying a low-melting thermoplastic synthetic resin covering…said heat bonding yarn being thermally jointed to itself or to other components at intersections""; Claim 4 in Col. 7 Line 25-Col. 8 Line 2 "heat bonding yarn comprises a nylon filament yarn having a substantially higher melting point than said thermoplastic synthetic resin as a core and a nylon 6-nylon 66-nylon 12 terpolymer as a surface covering"; see Fig. 3; Col. 3 Lines 59-65 "nylon wooly yarn is coated with a low-melting synthetic resin...consisting in a terpolymer of nylon 6-nylon 66-nylon 12...to give a heat-bonding yarn 12 (the second ground yarn)...nylon multifilament yarn is used as the first yarn 11"; wherein heat bonding indicates heat processing, and a knit is a network; as such, heat bonding a knit results in a thermoformed network, especially in light of thermal joints; wherein according to applicant specification [0027], [0028], the heat-processing of a thermoplastic material for a thermoformed network forms a skin layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Safrit's first nylon with the core/sheath nylon thermoplastic material of Doi to reduce breakage/runs while providing a soft hand (Col. 1 Lines 8-53), in same art of endeavor as warp knit fabrics.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safrit et al (USPN 4122555), herein Safrit, in view of Doi et al (USPN 4748078), herein Doi, further in view of Matsumoto (USPN 6477865).
Regarding Claim 18, modified Safrit teaches all the claimed limitations as discussed above in Claim 17.
Modified Safrit does not explicitly teach wherein the thermoplastic material is a thermoplastic polyurethane or a thermoplastic elastomer.
However, modified Safrit teaches the thermoplastic material is nylon that melts at 110°C (Doi Col. 1 Line 68-Col. 2 Line 2 “thermoplastic synthetic resin covering of…nylon 6-nylon 66-nylon 12 terpolymer having a melting point of 110 to 120°C”).
Matsumoto teaches wherein the thermoplastic material is a thermoplastic polyurethane or a thermoplastic elastomer (see Fig. 2; Col. 20 Lines 4-7 "employing heat fusible yarn, entirely or partly, for constituting at least one of the front and back mesh webs; and fusing the yarn by heat setting to connect the stitches"; Col. 20 Line 63-Col. 21 Line 3 "usable are elastic yarns such as rubber yarns and/or special elastic yarns such as polyester thermoplastic elastomer having a feature of rubber and plastic and having such a feature that it can be heat-treated and may be elongated to a certain extent, but hardly be elongated from that extent. Such elastic yarns may be used for a part or the entire portion of constituent yarn of one of the front and back mesh webs 1, 2"; Col. 22 Line 40, 50-51 "present invention may be used for...foot wears such as...shoes…or the like").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Safrit's 110°C thermoplastic material of nylon, as provided by Doi, to be thermoplastic polyurethane (TPU) as taught by Matsumoto, as a simple substitution of one 110°C melt-fusible material for another, depending on availability, especially as it is known in the art that TPU also melts at 110°C (see extrinsic evidence Tamm et al 10939729).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safrit et al (USPN 4122555), herein Safrit, in view of Kondou et al (USPN 5250351), herein Kondou.
Regarding Claim 19, Safrit teaches all the claimed limitations as discussed above in Claim 9.
Safrit does not explicitly teach wherein the plurality of warp yarns comprise a high-tenacity yarn.
However, Safrit teaches that the warp yarns are of nylon (as best understood in light of the 112(b) rejections--see Fig. 4; Col. 3 Lines 14-15 "crotch insert C is formed…illustrated in Fig. 4 as being warp knit and includes…chains of stitch loops…The chains of stitch loops are preferably knit of synthetic stretchable textured yarn, such as nylon indicated at N").
Kondou teaches wherein the plurality of warp yarns comprise a high-tenacity nylon yarn (as best understood in light of the 112(b) rejections—see claim interpretation; see Fig. 1; Col. 7 Lines 1-4 "when a high tenacity nylon fiber having the tenacity of between 7 g/d and 10 g/d is used, it is preferably possible to provide a thin elastic warp kitting fabric having a superior burst strength, and tear strength"; Col. 7 Lines 5-9 "present invention...elastic yarn is inserted into...ground knitted weave constituted with a nonelastic yarn"; Col. 6 Lines 26-30 "nonelastic yarn...such as a polyamide...cotton"; Col. 7 Lines 28-29 "nylon yarn ...reed L1...polyurethane elastic yarn...L2").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Safrit's nylon to be high-tenacity as taught by Kondou in order to provide tear strength in a warp knit fabric, which Safrit desires as well (Col. 2 Lines 2-3).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safrit et al (USPN 4122555), herein Safrit, in view of Adami et al (USPN 11400673), herein Adami.
Regarding Claim 21, Safrit teaches all the claimed limitations as discussed above in Claim 20.
Safrit further teaches wherein each integrally-formed opening spans multiple courses and at least one wale (see Fig. 4).
Safrit does not explicitly teach wherein each integrally-formed opening spans multiple wales.
However, Safrit teaches a float through each opening (see Fig. 4).
Adami teaches extending a float (see Fig. 4B; Col. 33 Lines 42-61 "textile 300 being a knitted textile...numerous warp knit...structures may be formed"; Col. 35 Lines 43-48 "yarn stitch which floats five needles between…knit stitches would provide a greater resistance to stretch to the material through which the anchor yarn 413 extends compared to an anchor yarn stitch which only floats 2 or 3 needles between...knit stitches").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Safrit’s float to span multiple wales (and therefore the opening would span multiple wales as well) as taught by Adami in order to have greater stretch resistance (Col. 35 Lines 43-48), especially as there is no criticality or unexpected results.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safrit et al (USPN 4122555), herein Safrit, in view of Callaway et al (US Publication 2010/0255744), herein Callaway.
Regarding Claim 24, Safrit teaches all the claimed limitations as discussed above in Claim 22.
Safrit does not explicitly teach wherein the tensile element comprises a high-tenacity yarn, fiber, and/or filament.
However, Safrit does teach that the tensile element is cotton (see Fig. 4; Col. 3 Lines 23-25 "moisture absorbent yarn, such as cotton indicated at M in Fig. 4, is inlaid in a zig-zag pattern on one face of the fabric strip").
Callaway teaches wherein the tensile element comprises a high-tenacity yarn, fiber, and/or filament (see claim interpretation; see Fig. 4B; abstract "disclosure relates to a reinforcing textile material that comprises a weft-inserted warp knit fabric...possess ...dimensional stability, high tensile strength, high tear strength...well-suited for use as reinforcements in roofing membranes, signs, banners, tents, and the like" [0036] "weft-inserted yarns 20 and ...are preferably made of a high tenacity material, including, without limitation, polyester, nylon"; see extrinsic evidence TG Academy NPL for high tenacity nylon meeting the applicant specification [0029] definition of tenacity being 5 g/D or greater).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Safrit's cotton to be of high tenacity nylon as taught by Callaway as a simple substitution of one inlay material for another in a warp-knit fabric, in order to provide reinforcement to prevent tearing/runs in a warp-knit fabric, which Safrit desires as well (Col. 2 Lines 2-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Baines et al (US Publication 2020/0022450) directed to asymmetric tensile strands; Wittmann (USPN 3733859), Vinay (USPN 5416961) directed to warp knit component with openings without warp knit courses; Liu (US Publication 2019/0203389) directed to thermoplastic polyurethane melting point; Tinajero et al (USPN 10851482), Tinajero et al (USPN 11047076), Maheshwari et al (USPN 11134724), Kehler et al (USPN 10645978), Choudhury et al (USPN 12096807) directed to float length; Jackson (USPN 3757540) directed to vertical inlay.
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.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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