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 .
Applicant’s response and accompany remarks filed November 6, 2025 are acknowledged.
Applicant’s submission of the terminal disclaimer is acknowledged.
The rejection of claims 1-3 under 35 U.S.C. 102(a)(1) as being anticipated by Ozeki et al., JP6790297 is withdrawn due to Applicant’s argument.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeuchi et al., WO 2019/030823.
Regarding claims 1-2, Takeuchi discloses a glass fiber fabric [0014]. Paragraph 0010 discloses that the fabric is a woven fabric [0019]. Additionally, paragraph 0010 discloses that the glass fiber fabric is coated with a thermoplastic resin [see also 0043-0045]. Paragraph 0020 discloses that the glass fiber fabric includes warp and weft yarns having a diameter of 5.0 µm [0124]. Paragraph 0128 discloses warp and weft threads. Paragraph 0144 [comparative example 2] discloses a double-twisted yarn of a bulky texturized yarn as the weft having a diameter of 5.0 µm and double twisted yarn as a warp. Paragraph 0144 discloses glass for both the warp and the weft. Reference claim 5 discloses that the weft is a double-twisted yarn of a bulky textured yarn. Regarding the preamble, “a cushion material”, merely states purpose or intended use. Takeuchi discloses the claimed product having the same structural limitations. See MPEP 2111.02.
Regarding claim 3, paragraph 0075 discloses 20,000 warp threads and 20,000 weft threads.
Regarding claim 4, the claim is directed to a product, a cushion material. Claim 4 is a product-by-process claim. "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Applicant’s claim 4 does not recite a thickness for the product claim. Applicant’s claim recites thickness during processing. Takeuchi discloses the claimed product having the same structural limitations. In a product-by-process claim, patentability is based upon the product itself.
Regarding claim 5, the claim recites a loss of ignition of the twisted yarn is extracted, which is a process limitation applied to a product claim. The claim is directed to the product, a cushion material. The measurement of the loss of ignition of the twisted yarn when extracted is directed to a different product, not the cushion material. Takeuchi discloses the claimed product having the same structural limitations. In a product-by-process claim, patentability is based upon the product itself.
Response to Arguments
Applicant’s arguments with respect to the present claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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