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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 5, 2026, has been entered.
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.
Claims 1, 7, 10, 13, and 17 are rejected under 35 U.S.C. 103 as obvious over US Pub. No. 2005/0020161 to Dummer in view of USPN 9,783,914 to Stokes.
Regarding claims 1, 7, 10, 13, and 17, Dummer teaches a waterproof, breathable, recyclable, layered composite having at least one layer of a woven or knitted fabric, and an elastomeric waterproof film or coating of the same polymer (Dummer, Abstract), such as polyesters, nylon, polyolefins or polyurethanes (Id., paragraphs 0003, 0013). Dummer teaches that substantially all layers of the composite fabric are substantially comprised of one polymer type (Id., paragraph 0013), wherein the polymers include polyolefins for each of the fabric layer and the elastomeric coating or film (Id., paragraph 0013, claims 1-5). Dummer teaches that “breathable” refers to a film capable of transporting water vapor, such as a microporous structure (Id., paragraph 0016).
Regarding the substrate and membrane each comprising material as claimed, Dummer teaches that the film and the fabric can be made of the same polymer. Additionally, although Dummer teaches that suitable polymers include polyolefins, Dummer does not appear to teach the claimed polymeric material.
Stokes teaches novel, improved, or modified porous membranes, fibers, and products made from such membranes for use in textile materials, garments, products, and/or textile related applications (Stokes, Abstract), including wovens, nonwovens, knits, laminates, and composites (Id., column 3 lines 23-64). Stokes teaches that the microporous membranes and fibers are made of one or more copolymers, such as block or impact copolymers, or of at least one polyolefin combined with at least one copolymer (Id., Abstract, column 2 lines 37-62). Stokes teaches that the microporous membranes and fibers are comprised of a polyolefin in combination with one or more block copolymers such as impact copolymers, where the polyolefins in the copolymers include polypropylene, poly 1-butene, poly-4-methyl-1 pentene, and/or blends, mixtures or combinations thereof (Id., column 2 line 37 to column 3 line 22). Stokes teaches that tailoring the choice of composition, in the chemical structure of the polymeric blend or composition, can influence performance properties such as hand, drape, ‘quietness’ with movement, and surface coefficient of fiction, producing membranes, fibers, layers, composites, laminates, or textiles with better hand, softer drape, quieter movement, and/or lower coefficient of friction (Id.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite of Dummer, wherein each of the fabric and film comprise the same polyolefin polymer, such as a polypropylene, polybutene or polymethylpentene copolymer, as taught by Stokes, motivated by the desire of forming a conventional composite comprising polyolefin copolymers known in the art as being predictably suitable for forming fabric and membrane composites having improved properties, such as hand, drape, and lower coefficient of friction, such that the entire composite is recyclable. Note that since the polymer of the prior art is substantially similar as claimed, the polymeric material appears to be inherently hydrophobic. Additionally, the prior art combination does not require the polymers to comprise fluorine.
Regarding claims 7 and 10, the prior art combination teaches that substantially all layers of the composite fabric are substantially comprised of one polymer type (Dummer, paragraph 0013), wherein the polymers include polyolefins for each of the fabric layer and the elastomeric coating or film (Id., claims 1-5). The prior art combination teaches that the polyolefins are thermoplastic polymers (Stokes, column 4 lines 14-46).
Regarding claim 13, the prior art combination teaches a waterproof film or coating with a microporous structure of a monolithic structure (Dummer, paragraph 0016).
Claim Rejections - 35 USC § 103
Claims 12 and 16 are rejected under 35 U.S.C. 103 as obvious over Dummer in view of Stokes, as applied to claims 1, 7, 10, 13, and 17 above, and further in view of US Pub. No. 2005/0266228 to Jain.
Regarding claims 12 and 16, the prior art combination does not appear to teach the claimed zeolite or the porosity or pore size of the membrane. However, Jain teaches a protective covering for clothing comprising at least one microporous film attached to a functional layer (Jain, Abstract, paragraphs 0001, 0032). Jain teaches that microporous films allow the covering to maintain contiguous air passages and maximizes moisture vapor transport (Id., paragraph 0017). Jain teaches that the functional layer comprises at least one functional material with one or more of adsorptive, absorptive, reactive, and catalytic properties that inhibit the passage of harmful chemical or biological agents (Id., paragraphs 0034, 0040). Jain teaches that the functional layer may comprise a knit including polyester or nylon (Id., paragraph 0040). Jain teaches that functional materials include zeolite (Id., paragraph 0035). Jain teaches that the breathable microporous films should have an average pore diameter less than 10 micrometers and a pore volume of 10% to 95% (Id., paragraph 0041), wherein suitable films include polyamide and polyesters (Id., paragraph 0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the composite of the prior art combination, wherein the composite includes a zeolite functional material and wherein the breathable film comprises a pore size or porosity, such as within the claimed ranges, as taught by Jain, motivated by the desire of forming a conventional breathable composite having improved functional properties and a film properties known in the art as being predictably suitable for clothing applications.
Response to Arguments
Applicant's arguments filed May 5, 2026, have been fully considered but they are not persuasive. Applicant argues that Dummer does not teach or suggest the textile being waterproof without the need of fluoro-based materials. Applicant argues that Dummer clearly teaches applying a Teflon finish to the fabric to impart water repellence, and there is no other disclosure or suggestion in Dummer that waterproofness may be obtained by other means.
Regarding Applicant’s arguments, Examiner respectfully disagrees. Dummer teaches a layered composite fabric having at least one layer of a woven, knitted, or non-woven fabric and an elastomeric waterproof film or coating (Dummer, Abstract, paragraphs 0009 and 0011, claims 7 and 17). Therefore, Dummer establishes that the film itself is waterproof.
Regarding Applicant’s arguments directed to a Teflon finish, Dummer teaches that a Teflon finish “may” be applied to the layered composite. Therefore, a Teflon finish is not required or critical for the invention of Dummer.
Applicant argues that Stokes does not teach that the specific polymer may be used in a composite material in both the substrate and the porous membrane to obtain a waterproof textile without the need for using fluoro-based coatings. Examiner respectfully disagrees. Stokes teaches novel, improved, or modified porous membranes, fibers, and products made from such membranes for use in textile materials, garments, products, and/or textile related applications (Stokes, Abstract), including wovens, nonwovens, knits, laminates, and composites (Id., column 3 lines 23-64). Although Dummer teaches a waterproof composite, Stokes also teaches that microporous membranes and fiber are known to be waterproof (Stokes, column 2 lines 9-17) and that the invention of Stokes is directed to improved or modified microporous membranes or films, fibers and/or microporous fibers which are comprised of one or more polyolefins or a polyolefin in combination with one or more block copolymers (Id., column 2 line 37 to column 3 line 22). Note that neither of the references require the polymer to comprise a fluorine.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER Y CHOI whose telephone number is (571)272-6730. The examiner can normally be reached M-F 9:00 AM - 3:00 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, Jennifer Boyd can be reached at 571-272-7783. 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.
/PETER Y CHOI/Primary Examiner, Art Unit 1786
Prosecution Insights