Patents

Decision Information

Decision Content

                   COMMISSIONER'S DECISION

 

OBVIOUSNESS - Embossed Carpet

 

The application claims a process for making a printed and embossed

carpet. The cited art did not teach nor suggest the process of the

present application.

 

Final Action: Reversed

 

                              *****************

 

This decision deals with a request for review by the Commissioner of

Patents of the Examiner's Final Action dated January 15, 1976, on

application 143,410, Class 8-37. The application was filed on May 30,

1972, and is entitled "In-Register Printed and Embossed Carpet". The

Patent Appeal Board conducted a Hearing on July 6, 1977, at which

Mr. D. Watson, Q.C. represented the applicant.

 

This application relates to the process of producing an In-Register Printed

and Embossed Carpet. More particularly the carpet passes through a series

of printing stations which apply a pattern to the carpet due to the dyes

in the printing inks. At some of the printing stations, the inks which

provide the pattern components to the carpets also contain a solvent which

will cause shrinkage of the carpet fibers (when steamed) to secure an

embossed effect to the carpet. Figure 1, shown below, is a representation

of the process utilized:

 

                     (See Figure 1)

 

In the Final Action the examiner refused the claims in view of the follow-

ing references:

 

Canadian Patent

 

335,836 Sept. 19, 1933 Dickie

 

United States Patent

 

3,505,000 Apr. 7, 1970 Shinmura

 

Dickie shows the printing of a fabric with an embossing agent. The em-

bossing is achieved by physical removal of the fiber, rather than by

fiber shrinkage.

 

Shinmura teaches the chemical shrinking of fibers to give a seersucker

or crepe design on woven or knitted piece goods. The fabrics however, are

not pile fabrics. The references will be discussed in more detail later.

 

In the Final Action the examiner stated his position (in part) as follows:

 

...

 

Shinmura et al utilize a printing station wherein a pattern is

printed on the fabric. The printing paste contains an em-

bossing agent which is capable of shrinking the fibers of the

fabric. After the printing operation the fabric is subjected

to a steaming operation to shrink the fibers. The fabric is then

washed and dried.

 

The rejection of claims 1-2 as obvious in view of the applied

references when viewed with the state of the art is therefore

maintained.

 

Applicant's alleged invention as reflected in the claims is

directed to the combination of a two step printing operation

followed by steaming, washing and drying. The two step

printing operation is an "in register" printing operation

characterized by the inclusion of a chemical embossing agent,

("a solvent,") in the printing paste at the second printing step.

 

The printing of materials (such as pile fabrics) with an

embossing agent is shown in both patents. Dickie et al

teach that the embossing agent can be a solvent for the

fibers and also that the embossing agent can be combined

with a colourant. Both patents teach that to bring about

the shrinking of the fibers the fabric must be subjected to

elevated temperatures such as to a steaming operation (Shinmura

et al).

 

In register printing, which comprises the printing of different

patterns, using several printing stencils or rollers, on a

fabric is well known. Since the printing of a material, such

as a pile fabric with a paste containing a colourant and a fiber

solvent is known (Dickie et al) the in register printing of

a fabric with different coloured pastes plus a paste that

also contains an embossing solvent is deemed an obvious

combination. As far as the single steaming step is concerned,

it is known that steam can be used to both set dues into fabrics

and to bring about the shrinking action of fiber solvents.

Therefore since it is known to combine the colourant and

"solvent " in a printing paste, it is obvious to employ a single

steaming operation....

 

The applicant in his response to the Final Action had this to say (in part)

as follows:

 

 ...

In accordance with the teachings of Shinmura et al to obtain the

embossed seersucker or crepe design on woven or knitted piece

goods a printing paste is applied to the fabric. It is brought

to the Examiner's attention that there is no suggestion of the

use of a solvent in the printing paste and it appears that the paste

merely acts to shrink the fabric. Claim 1 presently on file clearly

defines over such concept in employing in-registry printed patterns,

one of the pattern components employing a printing ink containing

a solvent for the carpet fibers. Shinmura et al merely applies the

paste and subsequently steams the woven or knitted piece goods

whereby shrinkage occurs to attain an embossed seersucker design.

There is no concept of employing either dye components or printing

components to attain a pattern nor is there any teaching in this

prior art reference of applying steam to shrink the fibers which

are effected by the solvent to produce the embossed effect in

the printed areas as well as to set the dye in a carpet.

Shinmura et al attains a crepe type of material whereas appli-

cant's process produces a carpet having a pattern printed on the

carpet with the pattern having embossed areas and non-embossed

areas in registry. Shinmura et al is not concerned with obtain-

ing an embossed effect in printed areas only but to obtain a

seersucker or crepe design over-all pattern in knitted piece

goods. As previously indicated, the Shinmura et al reference

refers to a very specialized treatment of particular material,

the use of a printing paste containing a benzamide applied to

polyvinyl alcohol fibers and is restricted to attaining a seer-

sucker or crepe design on goods of polyvinyl alcohol fibers only.

In contrast thereto applicant's process relates to the printing

and embossing of carpet material which would, in applicant's

opinion, be directed to non-analogous art....

 

...

The Examiner in the Official Action has attempted to suggest that

what is lacking in the prior art specifically cited would be

found in the state of the art unspecified, however, it is sub-

mitted that there is no prior art to suggest printing employing

a dye or no prior art to suggest that a previously printed pat-

tern component is in-register printed with a second pattern com-

ponent without the premously printed pattern being set. Applicant

has by the present concept attained a carpet having a pattern

printed thereon and the pattern having embossed areas and non-

embossed areas in-register all ina single pass operation. The

concept of the single pass operation is attainable only on a reading

of applicant's disclosure and cannot be found in either of the

references suggested by the Examiner nor would such be obvious in

view of the state of art known to applicant. It is thus submitted

that in applicant's opinion claims 1 and 2 presently on file would

not be rendered obvious in view of the references cited when

viewed with the state of the art. Reconsideration and withdrawal

of the Final Action by the Examiner is requested....

 

We have carefully considered the prosecution of this application and the

interesting and informative remarks made at the Hearing by Mr. D. Watson.

A number of sample models of the carpet were also displayed at the Hearing.

The issue to be considered is whether or not the applicant has made a

patentable advance in the art. Claim 1 reads as follows:

 

A process for producing a carpet having a pattern printed thereon

and the pattern having embossed areas and non-embossed design

areas in registry, composing the steps of: printing the carpet

with at least one pattern component, using only a dye to provide

the pattern component, moving the carpet to a second printing

station wherein the previously printed pattern component is in

register with the second pattern component to be printed, print-

ing the second pattern component in register with the first

pattern component and using a printing ink containing a solvent

for the carpet fibers, then after all of the pattern components

have been printed on the carpet, applying steam to the carpet to

shrink the fibers affected by the solvent to produce an embossed

effect in the printed areas and to set the dyes in the carpet,

washing the carpet, and then drying the carpet to remove the

wash water.

 

It is first of importance to note that the word "emboss" means (New

Collegiate Dictionary): to ornament with raised work - to raise in re-

lief from a surface.

 

The Dickie patent, which issued in 1933, treats materials such as cellulose

acetate with the combination of an organic liquid and an inorganic salt

having a solvent action on the cellulose derivative to attack part of the

cellulose derivative. He then dries the material and removes the cellu-

lose derivative. In this patent the effect is achieved by physical removal

of fiber, rather than by fiber shrinkage. We are not satisfied that it

would be readily apparent or obvious to use the shrinkage technique of the

present application from the teachings of this patent. The reference

does not teach nor suggest the process as disclosed in the present appli-

cation.

 

The Shinmura patent is specifically concerned with the problem of impress-

ing embossed seersucker or crepe design on woven or knitted piece goods.

Shinmura's effect is not created by reduction in the vertical height of

certain yarns, as in the present application, but by the shrinkage in the

horizontal direction in which the contraction of certain yarns in that

horizontal direction pulls the fabric together and causes adjacent yarns

to crinkle out of the plane of the main flat fabric.

 

Seersucker and crepe fabrics are normally relatively light weight

apparel fabrics and are usually made by weaving yarns of different twists,

either in the warp direction or in the weft direction. The fabric is then

treated to permit the different twists to assert themselves to pull the

relatively light weight fabric in different directions, to crinkle

certain parts thereof out of the main plane of the relatively flat fabric.

 

Chemical seersucker and crepe operations are also known, such as in

Shinmura, wherein the chemical action of a shrinking agent pulls certain

parts of the fabric together and causes other parts to crinkle out of the

main plane of the relatively flat, light weight fabric. It is a type of

action which is completely different from the embossing action obtained

by the applicant.

 

In summary Dickie teaches the total removal of patches of fabric. Shinmura

clearly teaches the treatment of woven or knitted goods and not of pile

fabrics. In other words the fabrics are different from that in Shinmura;

the type of action is different; and the final product is different.

 

Claim 1 is directed to a process for producing a carpet having a pattern

printed thereon with the pattern having embossed areas and non-embossed

areas. A dye or printing ink only is used in the first pattern component;

a dye or printing ink containing a solvent is used on a later pattern com-

ponent; steam is then applied to the carpet to shrink the fibers affected

by the solvent to produce an embossed effect in the printed areas and to

set the dyes. The applicant is furthermore only concerned with a new pro-

cess and not a new product. The monopoly sought by the applicant is fair,

in our view, and not broader than the invention made.

 

We are satisfied that the applicant has made a patentable advance in the

art. We recommend that the decision in the Final Action to refuse the

claims be withdrawn.

 

J.F. Hughes

Assistant Chairman

Patent Appeal Board, Canada

 

I have studied the prosecution of this application and have carefully re-

viewed the recommendations of the Patent Appeal Board. In the circumstances

I have decided to withdraw the Final Action and return the application to

the examiner for resumption of prosecution.

 

J.H.A. Gariepy

Commissioner of Patents

 

Agent for Applicant

Gowling & Henderson

P.O. Box 466; Terminal A

Ottawa, Ontario

KIN 8S3

 

Dated in Hull, Quebec

 

this 8th. day of August, 1977

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.