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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/27/26 has been entered.
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 1-20 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 a structure as claimed having “no air flow”. The specification teaches particular embodiments in paragraphs 0054-0055, 0057 of the published application which includes a blend of 45% low melt and 55% high melt PLA in the nonwoven laminated to PLA films but does not disclose a structure as claimed having no air flow.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, there is no antecedent basis for the limitation “the PLA” in lines 12-13. The claim recites a single layer composed of fibers wherein up to 95% are mono-component amorphous low-melt polylactic acid fibers and PLA fibers which are crystalline or semi-crystalline having a high melting point. Therefore, in addition to their being no antecedent basis for “the PLA”, the claimed structure is not clear because it is not clear where the adhesive is forming.
Also in claim 1, there is no antecedent basis for “the low and the high melt fibers” in lines 15-16
Also in claim 1, it is not clear what is meant by the limitation “wherein, the amorphous mono-component PLA fiber forms increased impermeability by flow having an air permeability less than 5 Cu Ft/min”. Specifically, it is not clear what is meant by increased impermeability by flow. Does this mean that when the amorphous PLA melts or flows, it makes the single layer of the two types of PLA fibers less permeable? The specification does not appear to disclose an impermeable structure which does not also include a polylactic acid substrate layer, which is what is implied by the term impermeability. An impermeable material is one which is not porous, so it is not clear how a material can have its impermeability increased. A material could have permeability decreased which appears to be what is intended.
In claim 3, there is not antecedent basis for “the fibers” in line 1.
In claim 7, it is not clear what is meant by two light weight fabrics being laminated because claim 7 depends from claim 1 which recites a single layer composed of fibers bonded to an impermeable membrane.
In claim 11, there is not antecedent basis for “the first layer” or “the second layer” in line 3. Also, the claimed structure is not clear, are the first layer and second layer substrate layers or fibrous layers?
In claim 12, as set forth above, it is not clear what the first layer and the second layer refers to, the substrate, the fibrous layers or an additional material/component.
In claim 16, there is no antecedent basis for the limitation “the PLA” in line 14. The claim recites a single layer composed of fibers wherein up to 95% are mono-component amorphous low-melt polylactic acid fibers and PLA fibers which are crystalline or semi-crystalline having a high melting point. Therefore, in addition to their being no antecedent basis for “the PLA”, the claimed structure is not clear because it is not clear where the adhesive is forming.
Also in claim 16, it is not clear what is meant by the limitation “wherein, the amorphous mono-component PLA fiber forms impermeability by flow having an air permeability less than 5 Cu Ft/min and adhesion to a substrate by having flow”. Specifically, it is not clear what is meant by forms impermeability by flow. Does this mean that when the amorphous PLA melts or flows, it makes the single layer of the two types of PLA fibers less permeable? The specification does not appear to disclose an impermeable structure which does not also include the substrate layer. Also an impermeable material would be one which has no permeability or porosity, not one which has less than 5 Cu Ft/min which would still be a permeable material.
In claim 20, there is no antecedent basis for “self-adhesive PLA”. It is not clear if the self-adhesive PLA is the same as the amorphous PLA or another component. Also, in claim 20, it is not clear what is meant by interstices of the nonwoven fabric and the substrate. A nonwoven fabric might be considered to necessarily include interstices, but the substrate is not recited as including interstices. The claimed structure is not clear.
Applicant’s arguments and amendments have overcome the prior art rejections set forth in the previous action. New rejections are set forth above in view of the amendments to the claims.
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.
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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.
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/ELIZABETH M IMANI/ Primary Examiner, Art Unit 1789
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