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 .
Claim Rejections - 35 USC § 103
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 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.
Claims 1-3, 5-11, and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 4,939,016 to Radwanski in view of US Pub. No. 2010/0071115 to Sadato.
Regarding claims 1-3, 5-11, and 23-25, Radwanski teaches a composite nonwoven elastomeric web material provided by hydraulically entangling a laminate of at least a layer of meltblown fibers and at least one further layer, preferably of at least one of pulp fibers, staple fibers, meltblown fibers, and continuous filaments, with at least one of the layer of meltblown fibers and the further layer being elastic (Radwanski, Abstract). Radwanski teaches that the elasticity of the composite can be improved by pre-entangling the elastomeric web of meltblown fibers (Id., column 4 lines 40-44). Radwanski teaches that the use of the meltblown fibers provides an improved product in that the entangling and intertwining among the meltblown fibers and the fibrous material of the other layers of the laminate is improved (Id., column 4 lines 45-65). Radwanski teaches that the elastomeric material may be a polyurethane elastomeric material (Id., column 7 lines 19-57) and a polyetherester elastomeric material (Id., column 8 lines 29-42). Radwanski teaches that additional layers may be added prior to hydraulic entanglement, including a sandwich structure having a meltblown elastic web sandwiched between polyester staple fiber webs (Id., column 9 lines 1-25).
Radwanski teaches entangling the entire laminate, wherein the materials are suitable for use in protective clothing (Radwanski, column 9 lines 11-25). Radwanski teaches that the laminate may optionally be treated at a bonding station to further enhance its strength, or have a coating to provide work wear apparel with desired properties (Id., column 12 lines 11-35). Radwanski does not appear to teach the claimed plurality of discrete bond sites on the first surface. However, Sadato teaches improving the abrasion resistance of a fabric or a composite fabric for use in textile products such as clothing products and the like without impairing the appearance, by discontinuously coating a surface of a fabric with polymer dots having an average maximum diameter to be equal to or less than 0.5 mm (Sadato, Abstract, paragraph 0063) and the average interval among the dots being equal to or less than 1 mm (Id., paragraph 0008). Sadato teaches that the material used for the polymer dots include polyurethane resins (Id., paragraph 0056). Sadato teaches that the polymer dots formed on the surface of the fabric can be a composition obtained by heating and melting a base resin or a composition in liquid form (Id., paragraph 0085), wherein the melted polymer infiltrates the fabric through its surface and enters the gaps between the filaments forming the fabric, thereby more firmly binding to the fabric (Id., paragraph 0089). Note that such structure entails the polymer extending to the elastomeric layer. Sadato teaches that the polymer dots fix the fibers to prevent the fibers from fraying (Id., paragraph 0045). Sadato teaches that the technology achieves both abrasion resistance and lightweightness without impairing the appearance and the texture (Id., paragraphs 0004-0005). Sadato teaches that a coloring agent may be added to the polymer dots according to need (Id., paragraph 0062).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite nonwoven elastomeric web material of Radwanski, and discontinuously coating a surface to form polymer dots which infiltrate the fabric while fixing the fibers, as taught by Sadato, motivated by the desire of forming a conventional composite material suitable for use in apparel having a structure which predictably provides the desired abrasion resistance and lightweightness without impairing the appearance and the texture.
Regarding the claimed first color and second color, the prior art combination teaches that the outer layers may comprise polyester, whereas the dots comprise polyurethane. Additionally, it is within the level of ordinary skill to dye or color a fabric material used in clothing and apparel based on the desired aesthetics or the desired use of the material. For example, Sadato teaches that the polymer dots may comprise a coloring agent (Sadato, paragraph 0062). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite nonwoven elastomeric web material of the prior art combination, and coloring the fabric distinct from the polymeric dots or coloring the dots with a coloring agent distinct from the fabric, motivated by the desire of forming a conventional composite material comprising the desired aesthetics suitable for the intended application.
Regarding claim 2, the prior art combination teaches and suggests that the plurality of discrete abrasion resisting polymeric dots are only applied to a first surface, such as an outer surface (Sadato, paragraph 0121).
Regarding claim 3, as set forth above, the prior art combination establishes that the polymeric dots comprise polyurethane.
Regarding claims 8-10, the prior art combination teaches that the laminate may be entangled on one or both sides (Radwanski, column 11 line 44 to column 12 line 10), such that both sides of the laminate comprise the same tactile feeling (Id., column 9 lines 1-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite nonwoven elastomeric web material of the prior art combination, and entangling both sides and resulting the claimed fibers from each web entangling with fibers of the other web through the elastic layer as claimed, as taught by Radwanski, motivated by the desire of forming a conventional composite material comprising similar tactile properties on each side of the laminate while predictably increasing cohesion of the composite.
Regarding claims 9 and 10, Radwanski teaches adding additional layers prior to hydraulic entanglement, such that various desired properties, including barrier properties, can be added to the web materials (Radwanski, column 9 lines 11-25). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite nonwoven elastomeric web material of the prior art combination, and adding an additional entangled layer as claimed and entangling all of the layers and fibers, as taught by Radwanski, motivated by the desire of forming a conventional composite material comprising additional properties, such as barrier properties and the desired thickness, suitable for the intended application.
Regarding claims 24 and 25, the claim does not specify what a first surface area entails, as the claim only requires the first face to have a first surface area. Since the first face of the prior art combination necessarily comprises a first surface area, wherein the polymer dots are separated, the polymer dots appear to occupy a first surface areas as claimed.
Additionally, the prior art combination teaches that the polymer dots fix the fibers to prevent the fibers from fraying. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite nonwoven elastomeric web material of the prior art combination, and adjusting and varying the amount of bonding to fix the fibers, such as including a pilling resistance within the claimed range, motivated by the desire of forming a conventional composite material having the desired abrasion resistance while fixing the fibers to prevent the fibers from fraying.
Claims 12-16, 22, and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 5,393,599 to Quantrille in view of USPN 6,465,073 to Morman and US Pub. No. 2010/0071115 to Sadato.
Regarding claims 12-16, 22, and 26-28, Quantrille teaches composite elastic nonwoven fabrics suitable for use in bandages, diapers, disposable undergarments, personal hygiene products and the like, comprising an elastomeric web or film deposited between carded webs or spunbonded webs (Quantrille, column 1 line 11 to column 4 line 5, column 4 lines 34-53, column 5 lines 38-68, column 6 line 17 to column 8 line 68, column 9 lines 1-35, column 10 lines 13-68, column 11 line 1 to column 12 line 62, column 13 lines 49-63). Quantrille teaches carded fibrous layers including binder fibers and an elastomeric layer (Id., column 4 lines 34-53, column 6 lines 17-44), wherein the layers are hydroentangled, and as a result, at least a portion of the fibers in each of the carded layers extend through elastomeric layer (Id., column 6 lines 33-44, column 6 line 63 to column 7 line 15). Quantrille teaches after drying, the composite product is directed into a thermal treatment station and the binder fibers are thermally activated (Id., column 7 lines 30-47). Quantrille teaches that the webs and elastomeric layer can be combined by lamination including solvent-based adhesive and/or thermal adhesive lamination, thermal bonding, needling, and/or other well known textile processes (Id., column 8 lines 25-39). Quantrille teaches that thermal bonding techniques include using a heated patterned calendar roll and ultrasonic welding (Id., column 8 lines 25-56). Quantrille teaches that thermally activating the binder fibers result in low extensibility in the machine direction while providing greater tensile strength in the machine direction and not losing elastic properties (Id., column 3 line 3 to column 4 line 5). Such a structure would result in the thermal bonding sites being offset as claimed. Additionally, Quantrille teaches that the composite elastic nonwoven fabric has desirable coherency, strength, conformability, stretch and recovery properties, that the fabrics can be subjected to heat during the process of manufacturing fabric without destruction of elastic properties, and that the fabrics can provide significant aesthetic benefits including differential drape, curl and shear properties, which are not readily provided in fully elastic and low extensibility composite fabrics (Id., column 1 lines 11-15, column 2 line 59 to column 3 line 2, column 3 line 44 to column 4 line 5).
Regarding the claimed plurality of thermal bonding sites comprising a film of melted and re-solidified portions of the elastomeric layer, Quantrille teaches heat transfer conditions are advantageously maintained to avoid thermal degradation or melting of the elastomeric layer which is within the interior of the composite product (Quantrille, column 7 lines 30-47). Quantrille teaches that the binder fiber may have a higher or lower activation temperature than the melting or softening point of the elastomeric layer (Id., column 11 lines 1-19). Quantrille teaches that if the binder fiber activates above the glass transition temperature of the thermoplastic elastomer, then heating conditions must be closely controlled to bind the fibers without deforming or degrading the layer (Id.).
Additionally, Morman teaches a similar stretchable nonwoven web or laminate of a stretchable nonwoven web and an elastic sheet, treated with a plurality of bond lines in one or more regions to provide controlled stretching properties (Morman, Abstract) for use in diapers and personal care products (Id., column 3 lines 6-10). Morman teaches that the stretchable material is an elastomeric nonwoven web made of elastomeric fiber forming polymers such as multi-block elastomeric copolymers (Id., column 6 lines 29-54). Momran teaches that the elastomeric nonwoven web may be a multilayer material having at least one layer of spunbond web bonded to at least one layer of meltblown web or other suitable material, such as a first and second layer of spunbond bonded to a meltblown (Id., column 7 lines 53-67). Morman teaches that the stretchability in one or more direction and regions can be reduced or effectively eliminated by applying bond lines by a thermal calender bonding process (Id., column 7 lines 8-18). Morman teaches that the application of the bond lines results comprising regions of higher extensibility having a lower level of interfilament bonding and regions of lower extensibility having a higher level of interfilament bonding corresponding to the bond lines (Id., column 7 lines 10-41). Morman teaches that with the application of bond lines, an elastomeric nonwoven web may be produced that will (a) have high extensibility in a direction in one region and lower extensibility in the same direction in a second region; (b) stretch only in a first direction in one region and stretch only in a direction nonparallel to the first direction in other regions; or (c) have regions of varying extensibility in a first direction and regions of varying extensibility in a direction nonparallel to the first direction (Id., column 7 lines 43-52).
Quantrille teaches that the binder fiber activates above the glass transition temperature of the elastomeric layer by thermal calendar bonding. Morman teaches the advantageous benefits of thermal calendar bonding to create bond lines, such that the laminate has high and low extensibility regions or regions of varying extensibility, when used in hygiene articles. Since Quantrille teaches that any thermal melting of the elastomeric layer degrades the stretch or recovery properties, and since Morman teaches the advantages of controlling the stretching properties with bond lines, it is reasonable for one of ordinary skill to expect that the elastomeric layer is at least partially melted, wherein such regions would be within the scope of the claimed film.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite nonwoven elastomeric web material of Quantrille, wherein thermal bonding including at least partial melting of the elastomeric layer and the binder fibers, as taught and suggested by Morman, motivated by the desire of forming a conventional composite nonwoven elastomeric web material having predictably desirable regions of varying extensibility known in the art as being suitable for use in personal care articles.
The prior art combination does not appear to teach the claimed plurality of discrete bond sites on the first surface. However, Sadato teaches improving the abrasion resistance of a fabric or a composite fabric for use in textile products such as clothing products and the like without impairing the appearance, by discontinuously coating a surface of a fabric with polymer dots having an average maximum diameter to be equal to or less than 0.5 mm (Sadato, Abstract, paragraph 0063) and the average interval among the dots being equal to or less than 1 mm (Id., paragraph 0008). Sadato teaches that the material used for the polymer dots include polyurethane resins (Id., paragraph 0056). Sadato teaches that the polymer dots formed on the surface of the fabric can be a composition obtained by heating and melting a base resin or a composition in liquid form (Id., paragraph 0085), wherein the melted polymer infiltrates the fabric through its surface and enters the gaps between the filaments forming the fabric, thereby more firmly binding to the fabric (Id., paragraph 0089). Sadato teaches that the polymer dots fix the fibers to prevent the fibers from fraying (Id., paragraph 0045). Sadato teaches that the technology achieves both abrasion resistance and lightweightness without impairing the appearance and the texture (Id., paragraphs 0004-0005).
Quantrille teaches the inclusion of adhesive bonding and thermal pattern bonding. Additionally, Sadato establishes the function of adhesive bonding wherein the dots are formed on the surface of the fabric by heating (Sadato, paragraph 0089) and thermal bonding, wherein adhesive and/or thermal bonding and/or needling may be used. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite nonwoven elastomeric web material of the prior art combination, and discontinuously coating a surface to form polymer dots which infiltrate the fabric while fixing the fibers in addition to thermal pattern bonding which at least partially overlaps with the dots, as suggested by Sadato, motivated by the desire of forming a conventional composite material suitable for use in apparel having a structure which predictably provides the desired abrasion resistance and lightweightness without impairing the appearance and the texture.
Regarding claim 13, the prior art combination teaches and suggests that the plurality of discrete abrasion resisting polymeric dots are only applied to a first surface, such as an outer surface (Sadato, paragraph 0121).
Regarding claims 14 and 15, the prior art combination teaches a plurality of discrete abrasion resisting polymeric dots. Since the claims do not distinguish structural or compositional differences between the claimed first and second plurality, the totality of the plurality of discrete abrasion resisting polymeric dots would appear to inherently comprise separate first and second plurality of discrete chemical bonding sites at different densities or amounts as claimed. Additionally, Sadato appears to suggest that the polymeric dots may comprise different densities (Sadato, Fig. 12). It is reasonable for one of ordinary skill to expect that different areas of a garment are more desirable to have a color, or are more susceptible to abrasion, and that the different sets of abrasion resisting polymeric dots may be placed as desired. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite nonwoven elastomeric web material of the prior art combination, and adding a separate plurality of abrasion resisting polymeric dots at a different density, motivated by the desire of forming a conventional composite material comprising the desired abrasion resisting properties at different locations based on the desired application.
Regarding claim 16, as set forth above, the prior art combination establishes that the polymeric dots comprise polyurethane.
Regarding claims 26 and 27, the prior art combination teaches the inclusion of adhesive bonding and thermal pattern bonding. The prior art combination establishes the function of adhesive bonding wherein the dots are formed on the surface of the fabric by heating (Sadato, paragraph 0089) and thermal bonding, wherein adhesive and/or thermal bonding and/or needling may be used. It is reasonable for one of ordinary skill to determine a suitable area and shape for the dots and the thermal bonds based on the desired aesthetics and degree of bonding. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite nonwoven elastomeric web material of the prior art combination, wherein the adhesive bonding and thermal bonding pattern comprise different areas and shapes, motivated by the desire of forming a conventional composite material having the desired abrasion resistance, appearance, and degree of bonding suitable for the intended application.
Response to Arguments
Applicant's arguments filed August 15, 2025, have been fully considered but they are not persuasive. Applicants argue that a primary objective in Sadato is to minimize the visibility of the polymer dots against the fabric. Therefore, Applicants argue that Sadato teaches away from having the chemical bonding sites being colored as claimed.
Regarding Applicants’ arguments, Examiner respectfully disagrees. As set forth above, Sadato teaches that the polymer dots may comprise a coloring agent. Therefore, it would have been obvious to one of ordinary skill in the art to make the composite nonwoven elastomeric web material of the prior art combination, and coloring the fabric distinct from the polymeric dots or coloring the dots with a coloring agent distinct from the fabric, based on the desired aesthetics of the resulting composite material.
Applicants’ remaining arguments are moot based on the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/PETER Y CHOI/Primary Examiner, Art Unit 1786