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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 17, 18, 19, 21, 23, 25, 29 and 33 in the reply filed on 09/29/25 is acknowledged. Claims 1-3,5,9,13,34-35,37-39,42,44,46-49,51,53,55,59,63-65,67,69,71,75-76,79-84 and 89-90 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim.
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.
Claim(s) 17, 18, 19, 21, 23, 25, 29 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPUB 2011/0230111 A1 issued to Weir et al in view of USPUB 2011/0094004 A1 issued to Li.
Regarding Claim 17, where Applicant seeks an article with insulation fill material, the article comprising: an inner textile layer, an outer textile layer and a fill pocket defined therebetween, the fill pocket enveloping a quantity of insulation fill material comprised of a precursor weight of base fill material and a multiplicity of platelets dispersed therein, each of said platelets having at least two flat-planar facets ; Applicant is directed to Weir discloses a fibrous insulation product that includes a plurality of randomly oriented polymer fibers having therein at least one infrared attenuating agent and a binder interconnecting the polymer fibers [abstract, Fig. 1; ¶¶ 0008, 0029] comprising: a volume of base fill material to achieve the desired fiber product [¶ 0036]. The insulation product has a multiplicity of dimensional infrared attenuating agents which are equivalent to Applicant’s platelets and can be nanographene platelets [¶ 0032]. They are three-dimensionally dispersed [¶ 0031] throughout the base fill material. At ¶¶ 0032-0033, Weir discloses that they may having at least two flat-planar facets and can be metal flakes (e.g., aluminum flakes) or nanographene platelets and have a thickness up to 0.35mm (thickness in at least one dimension ... of less than about 100 nanometers, where 100 nanometers equals 0.0001mm) and a width of up to 5mm (a thickness in other dimensions of less than about 100 microns, [0032], where 100 microns equals 0.1mm).
Weir fails to explicitly disclose wherein the quantity of insulation fill material has an inner textile layer, an outer textile layer and a fill pocket defined therebetween, the fill pocket enveloping the quality of insulation fill material.
This is remedied by the teachings of Li.
Li is in the art of insulating material [¶ 0007] and teaches wherein a quantity of insulation fill material (at down, Fig. 2) is an inner textile layer (lining fabric), an outer textile layer (shell fabric) and a fill pocket (Fig. 2 showing baffle mesh forming pockets between lining fabric and shell fabric) defined therebetween (as shown in Fig. 2), the fill pocket (Fig. 2 showing baffle mesh forming pockets between lining fabric and shell fabric) enveloping a quantity of insulation fill material (at down).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the quantity of insulation fill material of Weir to include that the quantity of insulation fill material includes an inner textile layer, an outer textile layer and a fill pocket defined therebetween, the fill pocket enveloping the quantity of insulation fill material as taught by Li for the purpose of forming a down construction with vertical baffling and thereby ensure that compartments limit the movement of down providing thermal performance as taught by Li at ¶ 0024.
Regarding Claim 18, where Applicant seeks an article as defined in claim 17, wherein the platelets each comprise a metal core layer having a first face and a second face opposite of the first face; Applicant is directed to Weir modified by Li. Weir discloses an article as defined in claim 17. Weir further discloses at ¶ 0032. that the platelets can be metal flakes or nanographene platelets and can have a first face and a second face and other dimensional thicknesses.
Regarding Claim 19, where Applicant seeks an article as defined in claim 18, wherein the platelets each comprise a first film layer disposed on the first face and a second film layer disposed on the second face; Applicant is directed to ¶¶ 0030-0032 where Weir discloses an article as defined in claim 17. Weir further discloses at ¶ 0032. that the platelets can be metal flakes or nanographene platelets and can have a first face and a second face and other dimensional thicknesses. The faces may further have films applied to them.
Regarding Claim 21, where Applicant seeks an article as defined in claim 19, wherein the first and second film layers are comprised of polyethylene terephthalate (PET) ; Applicant is directed to ¶¶ 0030-0032 where Weir discloses an article as defined in claim 17. Weir further discloses at ¶ 0032. that the platelets can be metal flakes or nanographene platelets and can have a first face and a second face and other dimensional thicknesses. The faces may further have films applied to them. These films can be polymeric resins of polyethylene terephthalate (PET).
Regarding Claim 23, where Applicant seeks an article as defined in claim 18, wherein the metal core layer is comprised of aluminum; Applicant is directed to ¶ 0030 where Weir discloses the metal core layer (metal flakes (e.g., aluminum flakes) is comprised of aluminum (aluminum flakes).
Regarding Claim 25, where Applicant seeks an article as defined in claim 18, wherein the base fill material is a down or synthetic; Weir fails to teach that the base fill material is down. This is again remedied by Li at ¶ 0007 of Li, who discloses that insulating material such as down.
A person having ordinary skill in the art at the effective filing date of the invention would have found it obvious to have modified the base fill material of Weir to include wherein the base fill material is a down as taught by Li for the purpose of providing insulation that can be used in construction of clothing/bedding which requires insulation and thereby ensure that the insulation is a desired material for the particular application and drape.
Regarding Claim 29, where Applicant seeks an article as defined in claim 18, wherein the platelets each have two or more protruding members radiating outwardly; Applicant is directed to Weir ¶¶ 0030-0032 ,which teaches that the shape can be a flake, which inherently has protruding members.
Regarding Claim 33, where Applicant seeks an article as defined in claim 17, wherein the article is an item of clothing or an item of bedding; Applicant is directed to ¶ 0030 of Li, where the reference teaches making sleeping bags, clothing, blankets and other applications requiring insulation such as piping, buildings, housing, structures, etc. Its use is not limited to down insulation but can be used with synthetic fibers or any other insulating material desired to be used in a particular application. The type of material used and the method of attachment for the inner valves can also be varied depending on the particular application intended for the insulated products.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPUB 20180289090A1 issued to Turner discloses thermally-insulated garments and methods of forming the same. The garments in accordance with aspects herein have one or more chambers filled with a thermally-insulating fill material. The thermally-insulating fill material includes a plurality of crimped thermally-reflective polymer strands. Each strand in the plurality of crimped thermally-reflective polymer strands is crimped to provide an increased reflective surface area for heat deflection/reflection, breathability, and movability of the thermally-insulated garment
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arti R Singh-Pandey whose telephone number is (571)272-1483. The examiner can normally be reached Monday-Thursday 8:30-3:00 and 8:00-10:00.
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp