Respecting the Working Man and Woman on Labor Day

As I sit in a comfortable chair in my air-conditioned office today the outdoor temperature is expected to exceed 80. As my fingers move across the keyboard the overhead light reflects off my freshly manicured nails and the cuff links in my soft clean white shirt. As I think of my relative comfort I remember that I enjoy ease because other men and women are out in the heat and sun doing dirty backbreaking work. And that is why we set aside the first Monday in September as Labor Day.

Of course, Labor Day honors all workers, not only those who do manual labor. But it is good to remind ourselves from time to time of the necessity of manual labor. Ordinary Americans today enjoy necessities of life, security, and even luxuries the envy of princes in an earlier age. The bright, hardworking, and daring men and women of Wall Street and other financial markets created new and innovative ways to maximize wealth and gave us the most prosperous society the world has known, and one in which wealth, has been distributed more widely than ever before. In sum, our financial markets —- at least when left alone —- do a bully job of managing wealth. But they do not create wealth. Ultimately you have to make it (manufacturing), mine it (digging or drilling), or grow it (agriculture). Someone has to build houses for the economic indicators to register an increase in housing starts. Some has to drill if we are to have the oil to fuel our economy. Someone has to hoe and weed to keep Whole Foods (whole-paycheck we call it my house) stocked with the organic fruit and vegetables we love to consume.

American policy for 25 years or more has been to maximize imports and pay for them with credit. We import oil from the Near and Middle-East rather than drill our own abundant supplies. We have some of the largest tracks of fertile land, yet we import food from sources so dubious that many of us do not consume raw vegetables unless we can ascertain their origin. And as for manufacturing—just go into the major retailers and try to find something—anything—made in the U.S.A.

Politicians in Washington will talk much this Labor Day weekend about the dignity of the workingmen and women of America, but the policies they enact tell a different tale. You do not respect the dignity of the workingman or woman by destroying his job.

Catching Up

This week I will focus on issued patents.  Below is a summary of selected patents that have been recently issued in textile related classification codes:

Footwear having independently articuable toe portions:  Footwear where the sole and the upper delimit individual toe portions are configured to receive and retain the individual toes of a foot and where the sole includes contouring and curvature which intimately corresponds to the shape of the foot.  Patent:  8683718.  Inventor:  Fliri.  Assignee:  Vibram S.P.A.

Textile substrate with water and water vapor:  A textile substrate of relatively simple construction that has properties which make it possible to use as a seat cover which allows passive air-conditioned seating with improved seating comfort during long periods of sitting.  Patent:  8684043.  Inventor:  Baumeler.  Assignee:  Gessner Holding Ag

Reinforcing fibrous structure for a composite material and a part containing said structure:  A reinforcing fiber structure that is woven as a single piece for use in fabricating a composite material part.  The fiber reinforcing structure comprises an internal portion or core, and a portion adjacent to an outside surface of the structure, or skin, and the fiber structure being formed by three-dimensional weaving in its core using at least one weave selected from an interlock weave and a multilayer weave, and by weaving at its skin with a weave of satin type.  Patent:  8685868.  Inventors:  Bouillon.  Assignee:  Snecma, Snecma Propulsion Solide

Flame-resistant high visibility textile fabric for use in safety apparel:  A textile fabric which provides flame resistance and high visibility properties so as to be suitable for use in safety apparel but also provides a comfortable hand suitable for direct contact with a wearer's body.  Patent:  8685869.  Inventors:  Byles and Wasylyk.  Assignee:  Innovative Textiles, Inc.

Extensible absorbent composites:  Absorbent sheet materials are produced from a coformed blend of absorbent fibers and extensible meltblown polymer fibers. Laminates of these extensible coforms are prepared with layers of extensible polymeric fibers or filaments. The absorbent sheet materials are incrementally stretched to improve softness and drape.  Patent:  8685870.  Inventors:  Austin and Baer.  Assignee:  Fitesa Nonwoven, Inc.

Multifunctional additives in engineering thermoplastics:  A toughening agent for use in making composites comprises an epoxy curing agent and a thermoplastic. Primary use is to increase fracture toughness of composite materials.  Patent:  8685871.  Inventors:  Cross, et.al.  Assignee:  Cytec Technology Corp.

Three-dimensional bra underwire:  A three-dimensional bra underwire which is matched with the cup shape, has good supporting effects and is comfortable to use. The three-dimensional bra underwire comprises the middle part and two ends that create a three-dimensional underwire with a certain torsional stress so as to ensure that the underwire is matched with the cup shape and has good supporting effects.  Patent:  8684788.  Inventor:  Cheung.  Assignee:  Kaiping Hung Hon Garment Accessories Co., Ltd.

Undergarment:  A method to use silicon to hold garments in place relative to each other.  The intention is to prevent “wardrobe malfunctions.”  Patent:  8684789.  Inventor:  Gramelspacher.  Not Assigned.

Sun protective neckwear garment:  An ultraviolet protective garment to protect the user's neck, chest, upper back, chin, and portions of the shoulders. The neckwear garment is a single body tubular unit, with a ship decanter shape.  The neckwear garment is manufactured from flexible, elasticized, fabric with ultraviolet blocking capability. Patent:  8689362.  Inventor:  Lavin.  Not Assigned

Glove and method for producing the same:   A glove having excellent moisture permeability and abrasion resistance of a back portion, and does not trap heat or retain moisture.   A glove has a coating layer of rubber containing air bubbles formed on the back portion of the glove.  The moisture permeability of the coating layer ranges from 1000 to 9000 g/m²·24 hrs. Patent:  8689363.  Inventors:  Kishihara and Ii.  Assignee:  Showa Glove Co.

Belt adjustment system:  A heavy duty belt adjustment system that permit a continuum or larger selection of belt loop sizes..  Patent:  8689364.  Inventors:  Rowland and Hunsucker.  Not Assigned.

Fabric having ultraviolet radiation protection:  A method for treating a fabric for protection from ultraviolet radiation.  The method comprises washing the fabric in a washing machine with a suspension of zinc oxide particles treated with an acid polymer.  This binds the zinc oxide to the fabric.  Patent:  8690964.  Inventors:  Kramer, et.al.  Assignee:  The Sweet Living Group, LLC

Paper finishing process:  A process for applying a finishing paper material on a leather or woven support material is described, comprising the steps of: first buttering of glue on a surface of the support material, positioning the finishing material on said support material, ironing, perching, second buttering of glue, and a finishing step.  Patent:  8690965.  Inventor:  Magrin and Pellizzari.  Assignee:  G & G S.R.L. (Societa Unipersonale)

Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.

Russia Threatens Ban on Textile and Apparel Imports from the U.S.

According to a report on the internet textile news service Just-Style, "Officials at Russia's industry ministry have said that should additional US and European Union sanctions be imposed, Russia may retaliate with a complete ban on imports of clothing and textiles from the EU and the US."

United States Maintains Labor Case Against Guatemala

On August 25, 2014, United States Trade Representative Michael Froman announced that the dispute settlement process in the 2011 labor enforcement case brought against Guatemala under the Dominican Republic-Central America-United States Free Trade Agreement ("DR-CAFTA") will remain suspended for an additional four weeks as the United States reviews information provided by Guatemala concerning legal reforms and actions to strengthen labor law enforcement in Guatemala and whether the reforms are leading to concrete improvements in Guatemalan workers’ rights.

Drawing Blood

There seems to be no way around it:  patent drawings cause a lot of anxiety.  This is understandable. The drawing regulations for the USPTO are hard to find (37CFR§1.181 through 1.185).  They are confusing.  And horror stories about patent drawings are all too common.

The purpose of this post is to put this anxiety behind you by providing you with some assumptions that can be used to help guide you through the process.

Assume that drawings are always required.  A first reading of the USPTO regulations often leads people to believe that:  1) drawings are not always required for a patent; or, 2) that photographs can be substituted for drawings.  These people are correct: the regulations do say that.  Unfortunately, as a practical matter it doesn't work that way.  The USPTO requirements for waiving the drawing requirement and permitting substitution for a photograph are so restrictive that it never really occurs.  In the end, the best strategy is to simply make the drawings.

Assume an applicant should put into drawings everything they think is important.  The USPTO regulation is pretty clear here:  the drawing in a non-provisional application must show every feature of the invention specified in the claims.  Unfortunately, as a practical matter an applicant rarely knows the contents of their claims until the patent application and patent search are completed.  In the end, the best strategy is to trust the inventor.   An inventor knows more about their invention than anybody else so if the inventor thinks a feature is important it is best to put it in the drawing.

Assume your application drawings have to be publishable.  The USPTO drawing standards are strict for a reason.  In the end, these drawings will be published and the USPTO has no control over how drawings will be used. The USPTO standards exist so that once the patent is published the drawings will be legible and understandable whether they are rendered on a smart phone or printed on a 30 year old dot matrix printer.  In order to accomplish this, the USPTO requires that drawings be ready for publication before they release an application for examination.  While there are technicalities that might allow examination to start before the drawings are finalized don’t be tempted by this illusion.  A patent that proceeded along those lines would be served with a requirement to prepare drawings compliant with the standards within 60 days from the date of the notice.  The penalty for failing to comply is the abandonment of the application.  In the end, the better strategy is to just make drawings that comply with the standards.

Assume that patent drawings are not expensive.  There are a lot of patent drawing services that can provide drawings that meet USPTO standards.  Typical prices range from $35 for a simple drawing to $150 for a complex drawing.  It is reasonable to assume that a set of drawings for a simple mechanical patent will cost less than $500. Almost every service in the market provides fixed price quotes.

Assume you need more drawings.  The purpose of a patent drawings it to assist in understanding the inventions and, to put it frankly, patent drawings are quaint by today’s marketing standards.  They are black and white line drawings with no shading, no 3D rendering and lots of numbers with no text.  They are not suitable for use with marketing or other types of pitch materials.  An inventor should assume that marketing drawings and other renderings will also have to be produced.

Assume that your patent representative can help you.  Remember that you are not alone.  Patent agents and attorneys look at patent drawings and work with patent drawing services on a daily basis.  If you have concerns and questions, don’t hesitate to ask your representative.  That is why we are here.

Below is a summary of selected patents that have been recently issued in textile related classification codes:

Shading process:  A shading process characterized by using a composition comprising a phthalocyanine to which at least one dyestuff is attached through a covalent bond.  This one is a beast but the bulk of the patent appears focused on attaching dyestuff covalently to the outer edge of the phthalocyanine complex.  I believe one target of this patent is to replace brightening agents used in laundry detergents with the benefit of not changing the color of the underlying fabric, however, the patent may be significantly broader in scope.      Patent:  8685116.  Inventors:  Hohener, et.al.  Assignee:  BASF Se.

Elastic boot cuff:  A decorative article for boots comprising a cuff manufactured from either a length of material or elastic material having fur, feathers or other decorative articles fastened thereto. An interior pocket is included for storage of money, credit cards, I.D. warmers, coins and the like.  Patent:  8683715.  Inventors:  Cantrell and Cantrell.  Not Assigned.

Shoe tongue securing device:  A shoe having an upper with a tongue and an outer shell in which the tongue has a bulging extension on the medial side, in which the outer surface of the tongue has a connector that is aligned with a connector on the inner surface of the outer shell. When the connectors are aligned together, the tongue is secured to the outer shell.  Patent:   8683716.  Inventors:  Raysse, et.al.  Assignee:  Skechers U.S.A., Inc. Ii

Support for inclusion in article of footwear and method for raising the arch of a person's foot:  A support arranged for disposition within a shoe to raise the arch of the foot by turning the forefoot and inverting the rearfoot, thereby locking the midtarsal joint. Patent:  8683717.  Inventor:  Richie.  Not Assigned.

Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.

Request for Comments and Notice of Public Hearing Concerning China's Compliance With WTO Commitments

On August 15, 2014, the Office of the United States Trade Representative published in the Federal Register (79 FR 48291) Request for Comments and Notice of Public Hearing Concerning China's Compliance With WTO Commitments.

The interagency Trade Policy Staff Committee ("TPSC") will convene a public hearing and seek public comment to assist the Office of the United States Trade Representative ("USTR") in the preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization ("WTO").

Persons wishing to testify at the hearing must provide written notification of their intention, as well as a summary of their testimony, by Wednesday, September 17, 2014. Written comments are also due by Wednesday, September 17, 2014. A hearing will be held in Washington, DC, on Wednesday, October 1, 2014.

1. Background

China became a Member of the WTO on December 11, 2001. In accordance with section 421 of the U.S.-China Relations Act of 2000 (Pub. L. 106-286), USTR is required to submit, by December 11 of each year, a report to Congress on China's compliance with commitments made in connection with its accession to the WTO, including both multilateral commitments and any bilateral commitments made to the United States. In accordance with section 421, and to assist it in preparing this year's report, the TPSC is hereby soliciting public comment. Last year's report is available on USTR's Internet Web site (www.ustr.gov/sites/default/files/2013-Report-to-Congress-China-WTO-Compliance.pdf).

The terms of China's accession to the WTO are contained in the Protocol on the Accession of the People's Republic of China (including its annexes) (Protocol), the Report of the Working Party on the Accession of China (Working Party Report), and the WTO agreements. The Protocol and Working Party Report can be found on the Department of Commerce Web page, http://www.mac.doc.gov/china/WTOAccessionPackageNEW.html, or on the WTO Web site, http://docsonline.wto.org (document symbols: WT/L/432, WT/MIN(01)/3, WT/MIN(01)/3/Add.1, WT/MIN(01)/3/Add.2).

2. Public Comment and Hearing

USTR invites written comments and/or oral testimony of interested persons on China's compliance with commitments made in connection with its accession to the WTO, including, but not limited to, commitments in the following areas: (a) Trading rights; (b) import regulation (e.g., tariffs, tariff-rate quotas, quotas, import licenses); (c) export regulation; (d) internal policies affecting trade (e.g., subsidies, standards and technical regulations, sanitary and phytosanitary measures, government procurement, trade-related investment measures, taxes and charges levied on imports and exports); (e) intellectual property rights (including intellectual property rights enforcement); (f) services; (g) rule of law issues (e.g., transparency, judicial review, uniform administration of laws and regulations) and status of legal reform; and (h) other WTO commitments. In addition, given the United States' view that China should be held accountable as a full participant in, and beneficiary of, the international trading system, USTR requests that interested persons specifically identify unresolved compliance issues that warrant review and evaluation by USTR's China Enforcement Task Force.

Request for Public Comments To Compile the National Trade Estimate Report on Foreign Trade Barriers

On August 15, 2014, the Office of the United States Trade Representative published in the Federal Register (79 FR 48292) Request for Public Comments To Compile the National Trade Estimate Report on Foreign Trade Barriers.

The Office of the United States Trade Representative ("USTR") is required to publish annually the National Trade Estimate Report on Foreign Trade Barriers ("NTE"). The USTR Trade Policy Staff Committee ("TPSC") is requesting interested persons to submit comments to assist it in identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the NTE. The TPSC invites written comments from the public on issues that USTR should examine in preparing the NTE. Public comments are due not later than 11:59 p.m., October 29, 2014.

Topics on which the TPSC Seeks Information: To assist USTR in preparing the NTE, commenters should submit information related to one or more of the following categories of foreign trade barriers:

(1) Import policies (e.g., tariffs and other import charges, quantitative restrictions, import licensing, and customs barriers);

(2) Government procurement restrictions (e.g., ``buy national policies'' and closed bidding);

(3) Export subsidies (e.g., export financing on preferential terms and agricultural export subsidies that displace U.S. exports in third country markets);

(4) Lack of intellectual property protection (e.g., inadequate patent, copyright, and trademark regimes);

(5) Services barriers (e.g., limits on the range of financial services offered by foreign financial institutions, regulation of international data flows, restrictions on the use of data processing, quotas on imports of foreign films, and barriers to the provision of services by professionals);

(6) Investment barriers (e.g., limitations on foreign equity participation and on access to foreign government-funded R&D consortia, local content, technology transfer and export performance requirements, and restrictions on repatriation of earnings, capital, fees, and royalties);

(7) Government-tolerated anticompetitive conduct of state-owned or private firms that restrict the sale or purchase of U.S. goods or services in the foreign country's markets;

(8) Trade restrictions affecting electronic commerce (e.g., tariff and non-tariff measures, burdensome and discriminatory regulations and standards, and discriminatory taxation);

(9) Trade restrictions implemented through unwarranted Sanitary and Phytosanitary Measures, including unwarranted measures justified for purposes of protecting food safety, and animal and plant life or health;

(10) Trade restrictions implemented through unwarranted standards, conformity assessment procedures, or technical regulations (Technical Barriers to Trade) that may have as their objective protecting national security requirements, preventing deceptive practices, or protecting human health or safety, animal or plant life or health, or the environment, but that can be formulated or implemented in ways that create significant barriers to trade; and

(11) Other barriers (e.g., barriers that encompass more than one category, such as bribery and corruption, or that affect a single sector).

In addition, commenters are invited to identify those barriers covered in submissions that may operate as ``localization barriers to trade''. Localization barriers are measures designed to protect, favor, or stimulate domestic industries, services providers, and or intellectual property at the expense of goods services or intellectual property from other countries. For more information on localization barriers, please go to http://www.ustr.gov/trade-topics/localization-barriers.

In responding to this notice, commenters should place particular emphasis on any practices that may violate U.S. trade agreements. The TPSC is also interested in receiving new or updated information pertinent to the barriers covered in the 2014 NTE as well as information on new barriers. If USTR does not include in the NTE information that it receives pursuant to this notice, it will maintain the information for potential use in future discussions or negotiations with trading partners.

Self-cleaning Cashmere Saves Cash and Environment

Catching Up

This week I will focus on issued patents.  Below is a summary of selected patents that have been recently issued in textile related classification codes:

Shoe with anti-slip device:  A flexible silted sole with spikes set within the slits.  When pressure is applied, the slits move apart and the spikes protrude to improve shoe contact and friction with the ground.  Patent: 8677655.  Inventor: Chen.  Not Assigned.

Athletic shoe with heel counter for maintaining shape of heel section:  A heel counter designed to maintain the shape of the heel during running.  The design of the heel is biased towards providing additional support to runners who pronate during landing.  Patent:  8677656.  Inventor:    Assignee:  Asics Corporation.

Golf shoe outsole:  A golf shoe outsole with a flexible forward with each section having a pod and cleat attached.  Sole perimeter is flared to provide greater stability and balance.  Patent:  8677657.  Inventor:  Bacon, et.al.  Assignee:   Acushnet Company.

Reinforcement cable:  A reinforcement cable comprises a central wire and wires spirally wound to form a layer.  An outer layer of inclined protrusions are incorporated into the cable.  Patent:  8677725.  Inventor:  Zaretsky, et.al.  Assignee:  Limited Liability Company “Armasteel.”

Method of making an elevator belt:  A method of making a load bearing elevator traction belt includes applying individual coatings of a jacket material to multiple tension members such that each tension member is individually coated separately.  A portion of the individual coatings are joined together to secure the tension members into a desired alignment and to form a single jacket that establishes a geometry of the belt.  Patent:  8677726.  Inventor:   Assignee:  Otis Elevator Company.

Atraumatic stent and method and apparatus for making the same:  A method of braiding a stent includes braiding a number of elongate filaments around a mandrel using tensioned braiding carriers without spooling the filaments to the tensioned braiding carriers to form a braided stent having atraumatic ends.  Patent:  8677874.  Inventor:  Lilburn.  Assignee:  Boston Scientific Scimed, Inc.

Multi-needle quilting machine and needle and looper drive mechanism therefor and method of operating same:  A multi-needle quilting machine with a common drive that drives the needles and loopers.  Patent:  8677916.  Inventor:  James and Kaetterhenry.  Assignee:  L&P Property Management Company.

Cotton towel with structural polyester reinforcement:  A mostly cotton yarn terry cloth product with borders having high content polyester yarns. The polyester borders are more rugged, and aid in preventing fraying and failure along the edges. In addition, reinforcing ribs, also formed from yarns have a high polyester content, may be provided that extend from a border on one side of the terry cloth product to a border on the other side. This feature anchors the borders in place, limiting failure at the juncture of the border and the adjacent cotton.

Patent:  8678044.  Inventor:  Rabin, et.al.  Assignee:  Six Continents Hotels, Inc.

Self-decontaminating coatings and fabrics:  A self-decontaminating fabric made with two coating solutions.  The first is photocatalyst dissolved in an alcohol and the second solution is a metal alkoxide dissolved in an organic solvent.  Patent:  8679990.  Inventor:  Lombardi.  Not Assigned.

Elastic composite formed from multiple laminate structures:  An elastic composite formed from a laminate that contains an elastic film and a lightweight nonwoven facing having a low strength in the cross-machine direction. Through selection of the polymer content and thickness, the inventors have discovered that the elastic and thermoplastic films may be readily joined together under light pressure at ambient temperature conditions. This avoids the heat used in a conventional calender processes, which can damage the film.  Patent 8679992.  Inventor:  Austin, et.al.  Assignee:  Kimberly-Clarke Worldwide, Inc.

Pillow bib:   a baby bib that parents wear on their shoulders to protect parents from baby drooling, food and drink spills, and other mishaps.  Patent:  8683614.  Inventors:  Leung and Su.  Not Assigned

Overalls for cleanroom and the like:  A clean room suit with interior handles and other modifications to facilitate donning the suit without touching the exterior surface.  Patent:  8683615.  Inventor:  Vanneste.  Assignee:  Scaldis St-Martin.

Slimming garments:  Shape control garments that incorporate a transition control band that prevents the body from dramatically pushing out at the edge of the garment.  Patent:  8683616.  Inventor:  Zielinski.  Land Bryant Purchasing Group.

Apparel incorporating a protective element:  A garment with protective elements that have a configuration that forms a gap, separation, or pleat structure.  The structure permits the protective element to move independent of other portions of the apparel at the joint, thereby enhancing a range of movement of the individual and the overall comfort of the apparel.  Patent:  8683618.  Inventors:  Grogro and Turner.  Assignee:  Nike, Inc.

Amine salt activation of peroxycarboxylic acids:  Compositions containing peroxycarboxylic acid is combined with a nonmetallic activators to replace to replace peracids as bleaching and antimicrobial agents.  The advantage of peroxycarboxylic acids are their reduced tendency to decompose and less objectionable smell.  Patent:  8685112.  Inventors:  Smith, et.al.  Assignee:  Ecolab USA Inc.

Composition for dyeing and lightening keratin materials comprising a fluorescent deisulphide dye compound:  A fluorescent disulphide dye for dyeing keratin materials with a lightening effect.   This composition allows a particularly persistent lightening effect to be obtained.  While intended for human hair, the composition should work with wool.  Patent:  8685114.  Inventors:  Daubresse, et.al.  Assignee:  L’Oreal.

Dye method in application of the art of marbling to carpets:  A method to apply dye to a fabric/carpet in a marbled pattern.  The object is to allow the dyes to adhere to the yarn fibers of the carpets woven with undyed yarn.  The pattern is generated by applying dyes to water that was allowed to condense on the fabric/carpet.  Patent:  8685115.  Inventor: Nakiboglu.  Assignee:  Royal Hali Iplik Tekstil Mobilya Sanayi Ve Ticaret Snonim Sirketi

  

Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.

American Textile Hall of Fame

On Monday, September 8, the American Textile History Museum, in Lowell, Massachusetts, will induct the 2014 class into the American Textile Hall of Fame. The Museum will honor two inductees: the late Deborah S. Pulliam - a writer, historian, and fiber artist - and the Weavers' Guild of Boston, recognized as the foundation of weaving guilds in the nation. The American Textile Hall of Fame honors leaders in the textile field who have contributed to advancing the art, science or history of textiles in America.

The induction event will include a tour of the Museum at 10:00 a.m. followed by a luncheon and induction ceremony at the UMass Lowell Inn & Conference Center at noon. Individual tickets to the luncheon and tour can be purchased online. For information about sponsorship opportunities, please contact Maura Ryan at mryan@athm.org or (978) 441-0400 x247.

Failure to Pass MTB has Contributed to $10 Million in Duty Costs to American Companies Importing Rayon Fiber.

Agathon Associates recently calculated the costs to U.S. textile manufacturers due to lack of congressional action on the Miscellaneous Tariff Bill ("MTB") and estimated that it has contributed to $10 million in added costs in import duties on rayon fiber not available from any domestic source.

The brief report is available free at the BeaverLake6 Report.

Subscribers to Agathon Associates' Trade Advisor Service can get more details at http://www.agathonassociates.com/textile-pri/mtb/update-2014-08-07.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.

AFMA Announces First Recipient of the Paul T. O’Day Scholarship Award

The American Fiber Manufacturers Association ("AFMA") has announced Ms. Elaine (Lainey) Indermaur of Oak Ridge, N.C. as the first recipient of the Paul T. O’Day Scholarship Award.

Ms. Indermaur was graduated in June with honors from Northwest Guilford High School, Greensboro, North Carolina. She will attend North Carolina State University in the fall to pursue a major in biomedical engineering. In addition to excelling in academics at Northwest Guilford Ms. Indermaur was active in a wide array of other activities, including the school’s soccer team and the annual “We The People” competition.

AFMA Board Chairman Lowell Bivens, President & CEO of Polyamide High Performance, Inc., commented, “All of us on the AFMA Board of Directors congratulate Ms. Indermaur on her remarkable academic achievements. We are delighted to recognize her dedication and hard work with her selection as the first scholarship recipient.”

The AFMA Board established the scholarship program earlier this year in honor of Paul T. O’Day who has served as AFMA’s President for three decades. Scholarship recipients receive a $5,000 award each year, totaling $20,000 for four years of study. Sons or daughters of AFMA member company employees are eligible to apply. Ms. Indermaur’s father, Fred Indermaur, is an employee of Unifi Manufacturing, Inc.

The American Fiber Manufacturers Association is the U.S. national trade association representing the interests of America’s manufactured fiber producers and the official source for U.S. fiber industry data. Information on the Association’s activities and products is displayed on the AFMA FiberSource website at www.fibersource.com.

Dept. of State Bullet Proof Vest Contract Awarded

Diamondback Tacital LLLP, Spindale, N.C. has been awarded a $27,847.78 Department of State contract for NIJ Level IIIA Bullet Proof Vests for us in Honduras. Note this contract is NOT covered by Berry Amendment U.S. sourcing regulations.

Air Force Flyers' Jacket Contract Awarded

Valley Apparel, Knoxville, Tennessee, has been awarded a maximum $7,549,725 firm-fixed-price contract for various men's cold weather and summer flyers' jackets. This is a competitive contract with three offers received. This is a one-year base contract with three one-year option periods. Location of performance is Tennessee with an Aug. 6, 2015, performance completion date. Using military service is Air Force. Type of appropriation is fiscal 2015 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-14-D-1067).

USDA Announces New Programs to Assist Sheep Producers

WASHINGTON, July 28, 2014 - The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) announced today two new programs to assist the sheep industry with the production and marketing of their products in the United States.

Through the new Sheep Production and Marketing Grant Program, approximately $1.5 million in grant funds are now available to assist the sheep industry. Additionally, AMS' existing verification program for small-scale livestock producers will now include opportunities for the grass-fed sheep industry.

Authorized by the Agricultural Act of 2014 (2014 Farm Bill), the Sheep Production and Marketing Grant Program is designed to strengthen and enhance the production and marketing of sheep and sheep products in the United States by improving infrastructure, business and resource development, and by supporting innovative approaches to address long-term needs. Through this program, AMS will award grant funds to at least one national entity that is working to strengthen and enhance the production and marketing of sheep and sheep products in the United States.

American Field: a Two-Day Celebration of Products Made in America

Announcing American Field, a two-day celebration of American makers hosted by Ball and Buck and Jamestown at Boston’s Innovation and Design Building.

Leading Real Estate Investment Firm Supports Innovation Economy in Local Community with Two-Day Event

Leading real estate investment and management firm Jamestown announces that it will host the latest American Field event at its Innovation and Design Building (IDB) property in Boston’s Marine Industrial Park this September. This is the third annual American Field, a two-day event that celebrates the best in American made clothing, accessories, food, and music. The event founded by entrepreneur Mark Bollman showcases the breadth of products made in the USA and reminds consumers that spending just five percent more on US made products will create 1 million American jobs.

American Field will bring together more than 80 top brands that focus on American-made products, including men’s and women’s apparel, footwear, accessories, home furnishings, and other goods. To showcase their products, brands will provide on-site demonstrations, workshops and lectures to the  5,000-plus visitors. Attendees will also enjoy live music, a beer garden featuring local brews, and food from local restaurants and food trucks.

“This event raises awareness about the American manufacturing base, particularly in high-growth industries such as fashion and food production,” said Michael Phillips of Jamestown. “American Field is a perfect complement to the current tenant mix at IDB, which already includes many contributors to Boston’s thriving maker community.”

The pop-up market will showcase the impact of buying local by connecting consumers directly to quality American brands. American Field aims to encourage attendees to become more attuned to where and how their goods are made and to empower consumers to make educated decisions about how their spending decisions can help rebuild the American economy.

“American Field sits at the crossroads between The World’s Fair and SXSW,” said American Field’s founder Mark Bollman. “It’s a full body experience of all things America and a true celebration of the amazing things being created in this country. You’ll see everything from high quality menswear to farm-to-table food, all while enjoying the sweet sounds of homegrown bluegrass. It’s my favorite event of the year.”

The American Field market will be held Saturday, September 13 and Sunday, September 14 from 10:00am—6:00pm at the Innovation and Design Building. 2013 Sponsors included: Ball and Buck, Jamestown L.P., LL Bean, Randolph Engineering, Rancourt & Co., and American Made Matters.

Patent Searches II

Last week I explained why applicants need to get a novelty, or prior art, search before filing for a patent.  In fact, there are a lot of reasons to people order patent searches including legal actions, licensing, market research, and even personnel recruiting.  This week, I want to explore the types of patent searches that are available.

Novelty Search:  The novelty, or prior art, search is the most common search commissioned.  Its purpose is to determine if the inventive concept has been previously disclosed to the public (either through patents or other methods).  The point is to find inventions similar in concept to the invention that is being considered for patenting.

Validity Search:  A validity search is check of the novelty of an existing patent and claims at the time of the disclosure.  The purpose of a validity check is to confirm that the patent was properly issued.  Validity searches are used in legal actions to find evidence to support claims that a patent is not valid.  They can also be used as part of a company’s due diligence in licensing negotiations.

Infringement Search:  An infringement search is similar to a novelty search except that it is limited to patents that are currently in force.  The purpose of an infringement search is simply to confirm that an invention is does not infringe on existing patent rights.

Clearance Search:  This is also referred to as a Freedom to Operate Search.  This is usually done for a product that is going to be brought to market without patent protection.  The clearance search is used to confirm that either there are no enforceable patents or that product concept has been public knowledge long enough that there will not be any patent infringement issues with the product release.

State of the Art Search:  A state of the art search is exactly what it sounds like.  It is a collection of all patent and not patent references in a technical field.  It is mostly used by companies for strategic purposes such as the evaluation of a patent portfolio or to determine the technical direction of a design department.

Landscape Search:  A landscape search is similar to a state of the art search with a much broader scope.   The technical field searched will be broader, a history of the technical development through patented inventions will be included, and the results will be organized by technical concepts or inventing organization where appropriate.  Landscape searches are usually used for competitive intelligence to monitor the market, identify current and future competitors, track technical trends, and determine long range research and development directions.

Obviously, there is no single cost for a patent search.  The type of search and the type of invention play a large role in the cost of a search.  I can provide ballpark assumptions.  For simple mechanical inventions, the category most textile related inventions fall into, a novelty search can be had for $500 - $1000 while a landscape search will probably fall in the range of $4,000 to $10,000.  However, don’t let these costs scare you.  I have found that patent search companies are good about working within budgets so it is always worth contacting them about your specific project needs. 

As a final note, one obvious use of patent searches is for recruiting.  Not only are the names of the inventors included in the public record but by evaluating their patent you have also evaluated the quality of the inventor’s work.  For companies looking for experts in a field, patents can rather quickly generate a list of qualified candidates to contact.

 Below is a summary of selected patents that have been recently issued in textile related classification codes:

Article of apparel providing enhanced body position feedback:  Apparel designed with compressive sections in it.  The compressive sections are placed to provide feedback to an athlete for training purposes. Patent:  8677512. Inventor:  Nordstrom and Sokolowksi.  Assignee:  Nike, Inc.

Surgical sleeve for glove retention:  A protective garment (surgical gown) with a high friction surface coating at the cuff to hold gloves in place.  Patent:  8677513.  Inventor:  Mathis, et.al.  Assignee:  Kimberly-Clark Worldwide, Inc.

Finger splaying glove:  A glove designed to hold the fingers apart.  Intended to provide relief for carpal tunnel suffers.  Patents:  8677514.  Inventor:  Jones.  Not Assigned.

Tanning process and tanning composition:  A non-metallic chemical for tanning leather consisting of aniline attached to a benzene type ring with halogens attached at 3,5 and nitrogen substituted  for carbon in the 2,4,6 positions.   Patent 8679195.  Inventors:  Gamarino and Reineking.  Assignee:  Clarient Finance (Bvi) Limited. 

Non metal tanning:  Associated with Patent 8679195.  These are additional amine based chemicals that can be used for tanning leather.  Patent: 8679196.  Inventor: Reineking, et.al.  Assignee:  Clarient Finance (Bvi) Limited.

Conformal particle coatings on fibrous materials:  Methods for uniform deposition of particles on curved surfaces such as fibers. Particles are deposited onto the material via electrostatic interaction between charge modified fiber surfaces and oppositely charged particles or metal ions. Particles can be directly assembled onto a surface of a fibrous material by controlling hydrogen bonding interactions between interfaces of fibers and functionalized particles. Metal particles can also be deposited by in situ synthesis. A method is also provided for layer-by-layer deposition of particles over a fibrous material.  Patent:  8679197. Inventor:  Hinestroza and Dong.  Assignee:  Cornell University.

Formulations of fluorescent whitening agents in dispersed form:  An aqueous dispersion comprising a fluorescent whitening agent, a dispersing agent, (c) a β-1,3-glucan and an optional vat dye for whitening synthetic fibers, especially polyester and polyacrylonitrile.  Patent:  8679199.  Inventor:  Gruetter.  Assignee:  Huntsman International LLC.

Waterproof footwear and process for its manufacture:  A method for making a joint in waterproof footwear to join the upper and lower of the shoe.  Patent:  8677539.  Inventor:  Morlacchi and Ostani.  Assignee:  Outdry Technologies Corporation.

Shoe having an inflatable bladder:  A shoe with inflatable bladders and an under shoe method for inflating the bladders (including inflatable laces).    Patent 8677652.  Inventor:  Marvin.  Assignee:  Reebok International Ltd.

Interchangeable insert system for footwear:  A shoe configured to have interchangeable inserts.  Patent: 8677653.  Inventor:  Avar, et.al.  Assignee:  Nike Inc.

Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.

Label Advisor: So Smart, Sew Right

            Are your yarns, fabrics, apparel, or home textile articles labeled in compliance with the Federal Trade Commission ("FTC") Wool Rules and Textile Rules?

            Are you sure?

            David Trumbull, Principal, Agathon Associates, has 20-years experience working with the FTC. We can assist you with LABEL ADVISOR, which offers "Smart guidance for U.S. label compliance: SO SMART, SEW RIGHT." Contact David at 202-657-6008 or david@agathonassociates.com.

            Federal Trade Commission requirement for labeling of textile and apparel products are complex and cover such areas as:

Ø      country of origin,

Ø      fiber content,

Ø      care labeling, and

Ø      identification of manufacturer, importer, or other dealer.

            The penalties for mislabeling can be high, in some cases as high as $16,000 per offense (that's per skein of yarn, roll of fabric, garment, or home textile article!).

Do you know the answers to these questions? Are you sure?

Q.        Recently four national retailers agreed to pay FTC penalties totaling $1.26 million for labeling rayon made from bamboo as simply "bamboo." Are your bamboo products labeled in compliance with the FTC regulations?

Q.        What is the FTC one step removed rule for country of origin labeling and how does it apply to your product?

Q.        Why is it not permissible in the U.S. to label the fiber content of a yarn, fabric, apparel or home textile article as "pashmina?"

Q.        Are you aware of, and in compliance with the FTC's new definition of cashmere, which was part of the July 2014 modifications to the Wool Rules? What about the changes made at that time to the designation of very fine wools?

Q.        Did you know that natural fibers such as wool and cotton are not necessarily organic and that the FTC has provided guidance that broad, unqualified general environmental benefit claims like "green" or "eco-friendly" are not acceptable?

For help with labeling requirements Contact David at 202-657-6008 or david@agathonassociates.com.