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 .
Information Disclosure Statement
The information disclosure statement filed 07 November 2025 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Claim Objections
Claim 1 is objected to because of the following informalities:
The phrase “a plurality segments” reads awkwardly.
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 1-12 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, the method is unclear. The preamble states a method for producing a yarn having a pattern, but then recites method steps for forming a pattern, including forming a ring cluster, and partially interlocking rows. As such, it is unclear whether the claims are drawn to a method of forming a yarn capable of producing a patterned assembly, or a patterned assembly comprising the yarn. For the purposes of examination, the claim will be interpreted as being drawn to a method of forming a yarn capable of producing a patterned assembly.
Regarding Claim 2, the phrase “each segment has an increasing length” is unclear. Increasing as compared to what?
Regarding Claim 6, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claim 7, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claim 8, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claim 9, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Further regarding Claim 9, the phrase “in different patterns” is unclear. Only one pattern is claimed.
Still further regarding Claim 9, the phrase “similar colour” is unclear. How is “similar” measured or determined?
The remaining claims inherit the rejection by 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 (i.e., changing from AIA to pre-AIA ) 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) 1-5 and 8-12 is/are rejected, to the degree definite, under 35 U.S.C. 102(a)(1) as being anticipated by Bartenfeld et al (4015550).
Regarding Claim 1, Bartenfeld teaches a method for producing a yarn having a pattern characterized by a plurality of segments that are capable of being assembled into a sequence of rows and comprising the steps of:
feeding the yarn in one direction along a series of rollers corresponding to the number of segments in the pattern (Figures 1 and 2);
controlling each roller of the series of rollers to independently dye each segment with a different colour (Column 3 line 46 – Column 5 line 23), and the plurality segments have a shortest segment that forms a pull-end of the yarn (segments have different lengths; the shortest could be used as a pull-end);
repeating the pattern (the apparatus has a pattern; every time the apparatus is used, the pattern repeats); and
controlling the feed rate of and/or the tension on the yarn to prevent knotting (the apparatus has a feed rate and tension to move the yarn through the rollers; no knots are claimed as being present)
Regarding the following steps:
whereby the patterns of segments are assembled into the sequence of rows comprising:
forming a ring cluster from the shortest segment, wherein the ring cluster has a first loose end;
partially interlocking a surrounding row with the ring cluster from a segment intermediately adjacent to the shortest segment, wherein the surrounding row has no free ends; and
partially interlocking an outer row with the surrounding row from a segment that is longer than the intermediate segment, wherein the outer row has a second loose end
these are considered intended use. The yarn of Bartenfeld, with a pattern characterized by a plurality of segments, is capable of being used in this manner.
Regarding Claim 2, Bartenfeld teaches each segment has an increasing length insomuch as each segment increases in length from the beginning to the end of the segment.
Regarding Claim 3, Bartenfeld teaches the pattern comprises from three to ten segments (at least four troughs taught).
Regarding Claim 4, Bartenfeld teaches the pattern comprises from four to six segments (at least four troughs taught).
Regarding Claim 5, Bartenfeld teaches each segment is knotless insomuch as no knots are taught as being present.
Regarding Claim 8, this is considered intended use, and the yarn of Bartenfeld is capable of being formed into 2 to 35 assemblies of segments.
Regarding Claim 9, the same color from repeats of the pattern will have the same length.
Regarding Claim 10, this is considered intended use, and the yarn of Bartenfeld is capable of being formed into a ring cluster that is the pull-end of the yarn.
Regarding Claim 11, this is considered intended use, and the yarn of Bartenfeld is capable of being formed into a sequence of rows comprising no more than two loose ends.
Regarding Claim 12, Bartenfeld teaches controlling the speed of each roller to permit dyeing of a segment to obtain the length insomuch as the rollers are rotated to permit dyeing. If they were not controlled to rotate, the dyeing would not occur.
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) 6 and 7 is/are rejected, to the degree definite, under 35 U.S.C. 103 as being unpatentable over Bartenfeld et al.
Regarding Claims 6 and 7, while Bartenfeld essentially teaches the invention as detailed above, it fails to specifically teach the length of the segments. It does, however, teach determining the length based on final use (Column 7 line 68 – Column 8 line 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the segments of length as claimed, so as to allow for a specific pattern. The ordinarily skilled artisan would understand that to achieve a certain pattern, the length has to be predetermined prior to dyeing based on the final pattern dimensions. Applicant provides no criticality or unexpected results arising from a certain specific length. The only motivation provided is to form a final pattern, which Bartenfeld teaches.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See of Record.
Specifically, at least Blumenthal (20200318265) Figures, Zoelch (WO 2016083523) Abstract, Figure 5, Haselwander et al (5594968) Figures, Bryant (41095952) Figure 1, and Blackstone et al (4106416) Figure 1 teach elements similar to those as currently claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday through Friday, 8:00am - 3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732
