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 .
Claims 1-5, 10-14, 16-17, 24-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification as originally filed does not provide support for the limitation “without a backing layer covering the thread”. The portions of the specification disclose not having an intervening layer between the base sheet and loops, but do not disclose there is no backing layer covering the thread. The specification teaches tufting through the base sheet but does not teach anything about the thread layer not being covered by a backing layer.
Claim(s) 1- 4, 17, 24-25, 30-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barker et al, U.S. Patent Application Publication No. 2008/0305297 in view of Stassinopoulos, U.S. Patent Application Publication No. 2008/0163514.
Barker discloses a loop product. Barker disclose forming the loop product by providing threads on one face of a substrate and needling the threads through the substrate to form loops. Barker discloses heating the threads on the backside to stabilize and bond the product. Barker does not disclose adding additional layers. See paragraph 0007. The fibers can be natural or synthetic fibers. See paragraph 0062. The substrate can be various types of fibers such as nonwoven webs or other materials such as polymer films as well as woven or knitted fabrics. See paragraph 0063 and 0067. There is no intermediate layer between the base sheet and the series of loops. Barker teaches heating the structure to at least partially melt and fuse the strands on the non-loop face of the structure in order to strengthen and stabilize the structure. See paragraphs 0040-0041.
Barker does not teach employing the fastener materials on shoes.
However, Stassinopoulos teaches that it was known to form entire shoe uppers from hook and loop material, see paragraph 0003, but does not teach the particularly claimed hook and loop material.
Therefore, it would have been obvious to have the loop system of Barker as the entire shoe upper as taught by Stassinopoulos because it is cost efficient and has sufficient strength, integrity and secure anchoring of the loops so that it can withstand forces encountered during use. See paragraph 0006.
Once the shoe upper was formed from a structure of loops as taught by Barker, the loops would necessarily provide increased frictional engagement since the same structure would be present and because the series of loops would provide increased surface area relative to a flat or smooth layer.
Claim(s) 10-14, 16, 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over of Barker in view of Stassinopoulos as set forth above and further in view of Tomsovic et al, U.S. Patent Application Publication No. 2002/0005257.
Barker teaches loop fastener materials as set forth above.
Barker does not teach varying the density of the loops, using different colors to make the loops or a particular thread size.
However, Tomsovic teaches that the shape, density and composition of the hooks and loops in a hook and loop closure system can be selected to obtain the desired level of securement between the hook and loop components and to have provided the desired appearance to the final product.
Therefore, it would have been obvious to have varied the density, position, shape and composition of the loops including size and color to provide the desired level of securement.
Applicant’s amendments are sufficient to overcome the previous rejections. New rejections are set forth above in view of the amendments.
With regard to the argument that the loops would not necessarily provide an increased frictional engagement surface, since the same structure is present there is a reasonable basis for expecting that the loops of Barker would also provide increased frictional engagement, since the loops would necessarily provide increased surface area relative to a smooth or flat surface.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ELIZABETH M IMANI/ Primary Examiner, Art Unit 1789
Prosecution Insights