DETAILED ACTION
Summary
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s arguments and claim amendments filed on July 6, 2026 have been entered into the file. Currently claims 1 is amended, claims 2 and 4 are cancelled, and claims 16-17 are new, resulting in claims 1, 3, and 5-17 pending for examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3, and 5-17 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.
Claim 1 was amended to recite the limitation “the third insulation element has fewer seams than the one or more seams between the first insulation element and the second insulation element”. The instant specification does not appear to provide support for this limitation. Support appears to be alleged in Figs. 1 and 4. Fig. 1 does not identify seams on any of the first, second, or third insulation elements and therefore does not support the new limitation. Fig. 4 provides one embodiment where the third insulation element has no seams while the first and the second insulation element have multiple seams between them. Fig. 4 only provides support for the third insulation element having no seams, and does not provide support for the broader scope of the third insulation element having seams that are fewer in number than the number of seams between the first and second insulation elements as is claimed.
Claim 16 further requires the third insulation element to comprise chambers. The instant specification at paragraph [0004] states that is it known that individual chambers are formed when layers of the garment are sewn or stitched directly to each other, i.e., the chambers are formed by seams. As discussed in the rejection of claim 1 above, the instant specification does not provide support for the third insulation element having seams where the number of seams in the third insulation element is less than the number of seams between the first and second insulation elements.
Claims 3 and 5-17 are also rejected under 35 U.S.C. 112(a) based on their dependency from claim 1, rejected above.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3, and 5-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maud (US 2015/0201683)1 in view of Man (US 2014/0250575)1.
With respect to claim 1, Maud teaches a heat insulation structure 200 which may be used in garments (paragraph [0086]). The heat insulation structure 200 comprises a first insulation element 210 and a second insulation element 220 (paragraph [0086]). The second insulation element 220 comprises a different initial shape than the first insulation element 210, and the first insulation element 210 is connected to the second insulation element 220 (paragraph [0086]). When a garment with the heat insulation structure 200 is worn, the second insulation element 220 is deformed by a pressure on an inside of the heat insulation structure 200 such that a contact area 250, in which the first insulation element 210 contacts the second insulation element 220, is increased (paragraph [0086]).
The insulation elements 210, 220 may, for example, be formed from layers 212, 214 joined at seams 230 forming cavities 215, 225 therebetween (paragraph [0089]). The increased contact areas 250, created by the pressure on the inside of the heat insulation structure 200 when wearing the garment, may be proximate to the seams 230 such that the second insulation elements 220 substantially overlap or cover the seams 230, as shown in Fig. 2b, when the garment is worn (paragraph [0092]). This reduces the heat loss from the seams (at least partially seal any seams or intermediate spaces) (paragraph [0099]). As can be seen in Figs. 2a-b, this is due to the flattening of the second insulation elements 220. In further embodiments, the heat insulation structure 200 may comprise at least one cover layer which may be arranged on the inside or the outside of the heat insulation structure 200 (paragraph [0119]).
Maud is silent as to the cover layer being a third insulation element with a third insulation layer.
Man teaches a quilting method of stitching applied for making a variety of garments or covers, which can be used for preserving body heat in the environment of low temperature, indoors or outdoors (paragraph [0026]). The quilting method may include forming four layers parallel to each other: shell layer 102, outer interlining 103, inner interlining 104, and lining 105 (paragraph [0027]). The shell layer 102 maybe positioned to be the outer layer, and it may be adjacent to the outer interlining 103 (paragraph [0027]). The outer interlining 103 may be quilt-stitched to the shell layer 102 and the space between these two layers may be occupied with insulation material 106 (paragraph [0027]). The inner interlining 104 and the lining 105 have a similar construction with an insulation material 106 (paragraph [0028]). The outer layer set 110, which includes the shell layer 102 and the outer interlining 103, and the inner layer set 111, which includes the inner interlining 104 and the lining 105, may be offset relative to each other to block potential paths of cold air penetrating through stitches (Fig. 1a-c; paragraphs [0029]-[0033]).
Since both Maud and Man teach layered insulation structures for garments, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cover of Maud to include the layered insulation structure of Man, which includes an insulation layer, and to have modified the stitches of the modified cover to be offset from the connections described in the heat insulation structure of Maud (the third insulation element at least partially covers any seam between the first insulation element and the second insulation element) in order to block potential paths of penetrating cold air and thus increase overall insulation capacity of the insulating structure.
Man further teaches that of the two layer sets, stitches of the one layer set may be spaced further apart from each other then the stitches of the other layer set, as shown in Fig. 5a (paragraph [0042]). This would result in one layer set having more seams than the other layer set. It therefore would have been obvious to the ordinary artisan to try different stitching spacings in the two layers, including the cover layer having stitches (seams) that are spaced further apart than the heat insulation structure, in order to achieve the desired insulation capacity. See MPEP 2143.
Maud further teaches the first insulation elements 210 and the second insulation elements 220 may be arranged substantially horizontal when the garment is worn (the first insulation element and the second insulation element are arranged one below the other when the garment is worn) (paragraph [0117]). As discussed above, the modified cover of Maud in view of Man (third insulation element) would overlay or underlay the heat insulation structure 200 of Man (the third insulation element is arranged next to the first and the second insulation element when the garment is worn) to block potential paths of cold air.
Maud further teaches that the insulation elements 210 (first insulation element), 220 (second insulation element) may be formed from layers 212 (first/second outer fabric layer), 214 (first/second inner fabric layer) joined at seams 230 forming cavities 215, 225 therebetween (paragraph [0089]). The layers 212, 214 (first/second inner/outer layers) may be constructed from a single material or from multiple fabric materials (paragraph [0090]). Maud further teaches the first insulation elements 210 and/or the second insulation elements 220 may comprise an insulating material arranged in the chambers 215 and 225 (paragraph [0110]).
As discussed above, the modified cover of Maud in view of Man comprises either a shell layer 102 positioned to be the outer layer adjacent to the outer interlining 103 and filled with an insulation material 106 (Man; paragraph [0027]) or an inner interlining 104 and lining 105 filled with an insulation material 106 (Man; paragraph [0028]). Man does not explicitly teach the shell layer, outer layer, interlining, and lining are fabric layers, however it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the fabric materials disclosed in paragraph [0090] of Maud as suitable for the layers surrounding the insulation in order to provide a uniform garment with visual and tactile appeal (see e.g., Man at paragraph [0036]).
With respect to claim 3, Maud in view of Man teaches all the limitations of claim 2 above. Maud further teaches the first and second insulation elements 210, 220 are connected to each other by a respective seam 230 (paragraph [0092]). As discussed in the rejection of claim 1 above, the modified cover of Maud in view of Man (third insulation element) would overlay or underlay the heat insulation structure 200 of Man such that the seams of each insulation element layer is offset relative to each other to block potential paths of cold air.
With respect to claim 5, Maud in view of Man teaches all the limitations of claim 1 above. Maud further teaches the cover layer (third insulation element) may be arranged on the inside or the outside of the heat insulation structure 200 (paragraph [0119]). It may be an inner lining to increase wearer comfort and heat insulation, or it may be an outer layer to repel water, dirt, wind, etc. (paragraph [0119]). Man similarly teaches the inner lining used primarily for containing the insulation material and not for its visual or tactile appeal, and the inclusion of additional layers enhances the aesthetic options of the garment (paragraph [0036]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try the different arrangements of the modified cover layer (third insulation element) of Maud in view of Man with respect to the heat insulation structure 200 described by Man above in order to determine which provides the desired comfort, heat insulation, and environmental protection. See MPEP 2143.
With respect to claim 6, Maud in view of Man teaches all the limitations of claim 1 above. Man further teaches an air space potion 109 may separate outer layer set 110, including the shell layer 102 and the outer interlining 103, from the inner layer set 111, including the inner interlining 104 and the lining 105 (paragraph [0029]). Considering that air is inherently a poor heat conductor, the air space portion 109 between the two layer sets may trap air for additional insulation (paragraph [0029]).
As discussed in the rejection of claim 1 above, the heat insulation structure 200 of Maud is overlayed or underlayed by a modified cover (third insulation element) based on the teachings of Man as described above. It would have further been obvious to one of ordinary skill in the art to include an air space portion between the heat insulation structure 200, which includes the first and second insulation elements, and the modified cover (third insulation element) in order to provide additional insulation.
With respect to claims 7-8, Maud in view of Man teaches all the limitations of claim 1 above. Maud further teaches the insulation materials may include down or synthetic materials include microfibers and macrofibers (paragraphs [0055], [0110]). Man further teaches the thermal insulation material [of the modified cover material (third insulation layer)] may be down, poly-fill (non-woven material), and fiber ball (non-woven material) (paragraph [0016]).
With respect to claim 9, Maud in view of Man teaches all the limitations of claim 1 above. Maud further teaches the outer layer cover may repel water and be treated with a durable water repellent (paragraph [0119]).
With respect to claim 10, Maud in view of Man teaches all the limitations of claim 1 above. As discussed above, the modified cover of Maud in view of Man is quilted (arranged in chambers) (see e.g., Figs. 1A-C). The shell layer 102 and the inner interlining 104 (third outer fabric layer) are quilt-stitched to the outer interlining 103 and lining 105 (third inner fabric layer) for form spaces occupied by insulation materials (paragraphs [0027]-[0028]).
With respect to claim 11, Maud in view of Man teaches all the limitations of claim 10 above. Man further teaches the stitches of different layer sets may be offset in both the vertical and horizontal direction to eliminate all of the potential cold spots of a garment (paragraph [0032]). It is noted that the orientation of the stitches would necessarily correspond to the orientation of the chambers formed by the stitches.
It is noted that Maud teaches the first insulation element 210 and the second insulation element 220 are arranged substantially horizontal when the garment is worn (paragraph [0117]). It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the modified cover layer of Maud in view of Man to be oriented vertically when the garment is worn in order to eliminate all of the potential cold spots in the garment.
With respect to claim 12, Maud in view of Man teaches all the limitations of claim 1 above. Man further teaches the quilting and stitching of outer layer sets and inner layer sets (paragraph [0039]).
With respect to claim 13, Maud in view of Man teaches all the limitations of claim 1 above. Maud further teaches the garment includes an outdoor jacket, vest, and insulated pants (paragraph [0078]).
With respect to claim 14, Maud in view of Man teaches all the limitations of claim 6 above. Man further teaches an air space potion 109 may separate outer layer set 110, including the shell layer 102 and the outer interlining 103, from the inner layer set 111, including the inner interlining 104 and the lining 105 (paragraph [0029]). Considering that air is inherently a poor heat conductor, the air space portion 109 between the two layer sets may trap air for additional insulation (paragraph [0029]). Man further teaches the quilting and stitching (connecting elements) of outer layer sets and inner layer sets (paragraph [0039]).
As discussed in the rejection of claim 1 above, the heat insulation structure 200 of Maud is overlayed or underlayer by a modified cover (third insulation element) based on the teachings of Man as described above. It would have further been obvious to one of ordinary skill in the art to include an air space portion between the heat insulation structure 200, which includes the first and second insulation elements, and the modified cover (third insulation element) in order to provide additional insulation.
With respect to claim 15, Maud in view of Man teaches all the limitations of claim 14 above. Maud further teaches the garment includes an outdoor jacket, vest, and insulated pants (paragraph [0078]). As can be seen in Fig. 3 of Man the seams 314 and 315 are on the shoulder part and hip part (paragraph [0039]).
With respect to claim 16, Maud in view of Man teaches all the limitations of claim 1 above. Maud further teaches the insulation elements are arranged substantially horizontal when the garment is worn (paragraph [0117]). Man further teaches that the layers may be stitched together so that the stitches are produced in two directions perpendicular to each other, for example in a vertical and a horizontal direction on each layer set (paragraph [0032]). Therefore, the chambers on the cover of Maud in view of Man extend in a vertical direction.
As discussed in the rejection of claim 1 above, Man further teaches the stitches of one layer set may be spaced further apart from each other than the stitches of the other layer set (paragraph [0042]). It would have been obvious to one of ordinary skill in the art to choose longer spacing between the stitches in the vertical direction, the horizontal direction, or both, in order to determine which provides the desired insulation capacity. See MPEP 2143.
With respect to claim 17, Maud in view of Man teaches all the limitations of claim 3 above. Maud further teaches the seams may be formed by chemical bonding, mechanical bonding, thermal bonding, adhesives, bonding tape, fusible threads, welding, stitching, heat treatment, or any combination thereof (paragraph [0093]).
Response to Arguments
Response – Claim Rejections 35 USC §103
Applicant’s arguments filed on July 6, 2026 have been fully considered and are not persuasive.
On page 8 of the response Applicant submits that Maud teaches away from the inclusion of two or more layers manufactured with staggered seams in paragraph [0007].
The Examiner respectfully disagrees. A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. A known or obvious composition does not become patentable simply because it has been described as somewhat inferior to some other product for the same use. See MPEP 2123.
In the instant case, paragraph [0007] of Maud identifies that placing two or more layers over each other with staggered seams to reduce heat loss is inferior to the disclosed invention because it increases the manufacturing effort and may result in undesired thickness. However, as discussed above a statement that another solution which is identified as inferior is not necessarily a teaching away. Particularly, Maud teaches in paragraph [0077] that the heat insulation structure may comprise at least one cover layer arranged on the inside and/or the outside of the heat insulation structure to serve a range of functions such as, for example, further improving heat insulation. Maud further states in paragraph [0077] that a person of ordinary skill in the relevant art may deduce further alternatives from their knowledge. Therefore, Maud is open to including additional layers as described in the prior art.
On pages 8-10 of the response Applicant submits that neither Maud nor Man teach or suggest the newly amended feature of claim 1.
The Examiner respectfully disagrees. Man further teaches of the two layer sets, stitches of the one layer set may be spaced further apart from each other than the stitches of the other layer set, as shown in Fig. 5a (paragraph [0042]). This would result in one layer set having more seams than the other layer set. It therefore would have been obvious to the ordinary artisan to try different stitching spacings in the two layers, including the cover layer having stitches (seams) that are spaced further apart than the heat insulation structure, in order to achieve the desired insulation capacity. See MPEP 2143.
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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LARISSA ROWE EMRICH
Examiner
Art Unit 1789
/LARISSA ROWE EMRICH/Examiner, Art Unit 1789
1 Previously presented
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