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 .
Response to Amendment
The amendment dated 12/30/2025 has been considered and entered into the record. Claim 12, from which all active claims depend, now requires a first and second layer that are coextruded to form an intermediate layer, such that the intermediate layer comprises a mixture of elastic polymer material and binding material. Claim 12 is cancelled. Claims 1–12 and 14–18 remain pending, while claims 1–11 are withdrawn from consideration. Claims 12 and 14–18 are examined below.
Response to Arguments
Applicant’s arguments, see Remarks, filed 12/30/2025, with respect to the rejection(s) of claim(s) 12 and 14–18 under 35 USC 103 have been fully considered and are persuasive in light of Applicant’s amendment. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 12, 15, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Haffner (US 5,789,065) in view of Korpman (US 4,379,806).
Haffner teaches the formation of a stretchable elastic laminated fabric comprising cloth-like facings, wherein the facings are bonded together using by an extruded, multi-layer composite of elastomeric polymer sheets. Haffner abstract, col. 10, ll. 61–65. The elastomeric polymer sheets may include thermoplastic polyurethane elastomeric material and a pressure sensitive elastomer adhesive layer. Id. at col. 9, l. 46 – col. 10. ll. 43.
Haffner fails to teach a first and second layer that are coextruded to form an intermediate layer, such that the intermediate layer comprises a mixture of elastic polymer material and binding material.
Korpman teaches the formation of a pressure-sensitive adhesive tape comprising an elastic polymer backing film and a binder prepared by a single step process of co-extrusion. Korpman abstract, col. 4, l. 52 – col. 5, l. 51. The co-extrusion process allows for creation of an intermediate interlocking layer formed by the mixing of the binder and backing film layers. Id. at col. 2, ll. 1–10.
It would have been obvious to one of ordinary skill in the art to have co-extruded the elastomeric polymer sheet and adhesive layer of Haffner, whereby the sheet and adhesive layer form an intermediate layer comprising both adhesive and the elastic polymer sheet motivated by the desire to provide resistance to separation of the sheet and adhesive layer. See id. at col. 2, ll. 5–10.
Claim 17 is rejected as the fabric layers are laminated to the elastomeric polymer sheets through the application of pressure between nip rolls. Haffner abstract. Claim 15 is rejected as one of the elastomeric polymer sheets may be composite of different materials. See id. at col. 10, ll. 61 – col. 11, ll. 17.
Claim(s) 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Haffner and Korpman as applied to claim 12 above, and further in view of Yoneda (CN 102448695 A).
Haffner fails to teach the use of a polyurethane reactive hot-melt adhesive in the binding material.
Yoneda teaches a manufacturing method of forming a polyurethane laminated body comprising a composite fiber sheet and a polyurethane resin layer, wherein the polyurethane resin enters part of the composite fiber sheet to form a mixed intermediate layer. Yoneda abstract. The polyurethane resin is a hot melt urethane adhesive resin, wherein the polyurethane resin reacts and is crosslinked subsequently. Id. ¶¶ 24, 120.
It would have been obvious to one of ordinary skill in the art to have looked to Yoneda for guidance as to a suitable adhesive material in making a polyurethane laminate in order to successfully practice the invention of Haffner.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D MATZEK whose telephone number is (571)272-5732. The examiner can normally be reached M-F 9:30-6.
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/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786