Prosecution Insights
Last updated: April 19, 2026
Application No. 18/298,877

FIBER-FOAM SHOE INSOLES, AND A METHOD OF MANUFACTURING THE SAME

Non-Final OA §102§103§112
Filed
Apr 11, 2023
Examiner
PIERORAZIO, JILLIAN KUTCH
Art Unit
3732
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
O2 Partners LLC
OA Round
3 (Non-Final)
57%
Grant Probability
Moderate
3-4
OA Rounds
2y 7m
To Grant
93%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
281 granted / 492 resolved
-12.9% vs TC avg
Strong +36% interview lift
Without
With
+35.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
519
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
40.6%
+0.6% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
29.0%
-11.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 492 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Status of Claims This is in response to Application filed on in which claims 12-24, 26-68 and 30-31 are presented for examination. Claims 1-11, 25, 29 and 32 have been cancelled. Drawings The drawings are objected to because Figures 4 and 5 each contain more than one figure within the figure numbers. Each Figure should be labeled with a separate figure number (see 37 C.F.R. 1.84(u) or be provided with connecting lead lines or brackets to show how the parts are interconnected. Examiner notes: for example, figure 5 shows reference number 20 with a lead line to reference number 18, a lead line could be added between reference numbers 18 and 16 which would show how the parts are interconnected. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claims 12 are objected to because of the following informalities: Claim 12 recites “the plurality of filaments”, which could read as – the plurality of antistatic filaments--, as previously recited in claim 12, since it appears that “the plurality of filaments” and “the plurality of antistatic filaments” are meant to refer to the same elements, consistent claim language should be maintained throughout a claim and claim dependencies. Appropriate correction is required. Claim Rejections - 35 USC § 112 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. Claim 21 is 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 pre-AIA the applicant regards as the invention. Claim 21 recites “EVA”, which is indefinite since it is unclear as to what the abbreviation EVA is referencing, and undefined abbreviations are indefinite since the claim does not define what the abbreviations are supposed to mean. Additionally, while Applicant’s Specification defines, the abbreviation for “EVA” in [0019], Applicant is reminded that though understanding the claim language may be aided by explanations contained in the written description, it is important not to import explanations into a claim limitation that are not part of the claim, see MPEP 2111.01(ll). All dependent claims are rejected for depending from a rejected base claim. Claim Rejections - 35 USC § 102 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 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 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 12, 18 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamanaka (JP2003339404). Regarding claim 12, Yamanaka teaches, A method of manufacturing an antistatic shoe insole (A method of manufacturing 1, [0001], [0005], [0009], figures 1 and 2), the method comprising: adhering an antistatic fabric layer directly on to a top surface of a flexible foam body; embedding a plurality of antistatic filaments into the flexible foam body such that a portion of the plurality of filaments extend to a bottom working surface of the flexible foam body and are exposed exteriorly through the bottom working surface (“The antistatic shoe of FIG. 1 is formed by laminating an insole 1, an insole 2, a midsole 3, and an outsole 4 from above”, [0008], “The insole 1 has a cloth having a slight conductivity such as natural or synthetic fiber on the surface 1a. The back surface 1b of the insole 1 shown in FIG. 2 is made of a synthetic resin foam such as EVA and laminated with the cloth. A strip-shaped conductive cloth tape 12 having a width of 10 mm is sewn with a conductive thread 11 on the back surface 1b. As shown in FIG. 1, the conductive yarn 11 is sewn with two conductive yarns 11 parallel to the width direction of the insole 1 so as to be exposed on the surface 1a of the insole 1.”, [0009], “The insole 2 is made of a thick paper board generally called a press board or a woven fabric such as a cotton material. The insole 2 is sewn so that the two conductive threads 11 are exposed on the upper and lower surfaces of the insole 2, and the insole 2 is securely connected to the conductive portion of the insole 1 as shown in FIG. Two parallel conductive threads 11 are formed on the upper and lower surfaces of the midsole 2 so as to be in contact with each other in the oblique width direction of the midsole.”, [0010], “The midsole 3 is made of a foam of a synthetic resin such as EVA, and a strip-shaped conductive cloth tape having a width of 10 mm as shown in FIG. Is pasted to a length of 50 mm”, [0011], therefore, the method comprising: adhering an antistatic fabric layer 1a (“The insole 1 has a cloth having a slight conductivity such as natural or synthetic fiber on the surface 1a.”) directly on to a top surface of 1b (“The back surface 1b of the insole 1 shown in FIG. 2 is made of a synthetic resin foam such as EVA and laminated with the cloth”); embedding a plurality of 11 into 1b such that a portion of the plurality of 11 extend to a bottom working surface of 1b and are exposed exteriorly through the bottom working surface (“A strip-shaped conductive cloth tape 12 having a width of 10 mm is sewn with a conductive thread 11 on the back surface 1b. As shown in FIG. 1, the conductive yarn 11 is sewn with two conductive yarns 11 parallel to the width direction of the insole 1 so as to be exposed on the surface 1 a of the insole 1.”, [0009], examiner notes: since 11 is disclosed as being sewn to the back surface 1b and as being exposed on the surface 1a, 11 is exposed exteriorly through the bottom working surface of 1b, see figures 1 and 2); and cutting the antistatic fabric layer and flexible foam body into the shape of a shoe insole (“The insole 1 has a cloth having a slight conductivity such as natural or synthetic fiber on the surface 1a. The back surface 1b of the insole 1 shown in FIG. 2 is made of a synthetic resin foam such as EVA and laminated with the cloth.”, [0009], therefore, 1a and 1b into the shape of a shoe insole, as shown in figures 1 and 2), wherein the exposed portion of the plurality of antistatic filaments permit electrical static discharge to be dissipated from the antistatic fabric layer out of the shoe insole (“According to the present invention, an insole that is in contact with the sole, an insole, a midsole, and an outsole that is in contact with the ground are sequentially stacked to form static electricity accumulated in the human body from the sole to the ground.”, [0005], “The insole 1, the insole 2, the midsole 3, and the outsole 4, which are the above layers, are stacked as shown in FIG. 1, and the conductive yarn 11 of the insole 1, the conductive cloth tape 12 of the insole 1, and the insole 2. Through the conductive yarn 11, the conductive cloth tape 12 of the midsole 3, and the conductive rubber 15 of the outsole 4, the respective conductive portions are brought into close contact with each other due to the load of the human body, and static electricity accumulated on the human body is Escape to the ground.”, [0013], therefore, wherein the exposed portion of the plurality of antistatic filaments permit electrical static discharge to be dissipated from 1a out of 1, figures 1 and 2). Regarding claim 18, Yamanaka teaches, wherein the antistatic fabric layer is configured to directly contact a user's foot when the shoe insole is worn by a user (wherein the antistatic fabric layer 1a is configured to directly contact a user's foot when the shoe insole is worn by a user, [0008], [0009], figure 1). Regarding claim 21, Yamanaka teaches, wherein the flexible foam body is a closed-cell EVA foam (wherein the flexible foam body 1b is a closed-cell EVA foam, [0009], figure 1). Regarding claim 22, Yamanaka teaches, wherein the antistatic fabric layer completely covers the top surface of the flexible foam body (wherein the antistatic fabric layer 1a completely covers the top surface of the flexible foam body 1b, [0009, figures 1 and 2). 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 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 of this title, 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 12-18, 20, 22-24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Hermann (5,763,335) in view of Marier et al. (5,994,245)[Marier] in view of Weber (5,233,769). Regarding claim 12, Herman teaches, A method of manufacturing an antistatic shoe insole (Col. 4 ln. 65-12, figures 1-2 and 7), the method comprising: adhering a fabric layer directly on to a top surface of a flexible foam body; embedding a plurality of filaments into the flexible foam body such that a portion of the plurality of filaments extend to a bottom working surface of the flexible foam body and are exposed exteriorly through the bottom working surface (“The method as above described also includes various steps for connecting the cover layer of random oriented hydrophobic fibers by needle punching which operatively connects the cover layer to the foam layer”, Col. 2 ln. 64-67, “Thus referring to the drawings, FIGS. 1, 2, 2A and 2B show a two-layered form of the composite material generally designated 10 in the form of an insole for a shoe having a cover layer 11 and a foam layer 12 that is hydrophilic with respect to the cover layer 11, which is operatively joined or connected or bonded or otherwise laminated in any suitable way to the cover layer 11 as by needle punching”, Col. 4 ln. 65-12, “The composite material can now be formed by joining this cover layer 11 to the hydrophilic foam layer 12 by any suitable means such as passing the cover layer 11 and hydrophilic foam layer 12 through a needle punching station generally designated 71 where they are mechanically joined.”, Col. 10 ln. 60-65, “In the cross-sectional view of the composite material shown at FIG. 2, the result of connecting the cover layer 11 to the foam layer 12 by needle punching shows how the randomly oriented polyester fibers 69 have been forcibly impaled in the needle punching machine 71 so that they penetrate through the surface of the cover layer 11 into and through the hydrophilic foam layer 12 to force some of the fibers to extend out of the bottom surface of the foam layer 12.”, Col. 12 ln. 10-17, therefore, the method comprising: adhering (“needle punching”) 11 directly on to a top surface of 12; embedding a plurality of 69 into the 12 such that a portion of the plurality of filaments extend to a bottom working surface of 12 and are exposed exteriorly through the bottom working surface, figures 2 and 7); and cutting the antistatic fabric layer and flexible foam body into the shape of a shoe insole (“4). die cutting the composite material to provide sized and shaped articles.”, Col. 3 ln. 16-17, “It has been found that bonding of the cover layer 11 and the foam layer 12 to form the composite material 10 can be used in conjunction with the molding or cutting of the composite material into three-dimensional shapes to provide products such as insoles”, Col. 12 ln. 40-44, figure 1). While Hermann discloses a method of manufacturing a shoe insole which adheres a fabric layer to a top surface of a foam body by embedding a plurality of fibers into the foam body, see above, Herman fails to teach, a method of manufacturing an antistatic shoe insole, adhering an antistatic fabric layer directly on to a top surface of a flexible foam body, embedding a plurality of antistatic filaments; wherein the exposed portion of the plurality of antistatic filaments permit electrical static discharge to be dissipated from the antistatic fabric layer out of the shoe insole. Marier, a method of making a shoe insole, abstract, teaches, a method of manufacturing an antistatic shoe insole, embedding a plurality of antistatic filaments; wherein the exposed portion of the plurality of antistatic filaments permit electrical static discharge to be dissipated from the antistatic fabric layer out of the shoe insole (“Referring to FIGS. 1, 2 and also 6, the invention is generally characterized by a laminated product (2) suitable for use as an insole for a footwear.”, Col. 2 ln. 38-40, “It comprises an upper layer made of a resilient foam material (4) and, if it is used as an insole as shown in FIG. 1, it also has an outline (6) shaped for incorporation in a footwear. The product (2) further comprises a bottom layer made of a fibrous mat (10) and having a shape conforming with the outline of the upper layer (4). The fibrous mat (10) which comprises a multiplicity of fibers (12) is needled to the upper layer (4) so that a fraction of those fibers (12) penetrates the foam material of the upper layer (4) for bonding the bottom layer (10) to the upper layer (4).”, Col. 2 ln. 42-52, “An additional layer of textile (18) may also be bonded to the upper layer of foam (4). In the embodiment illustrated in FIG. 2, the fibers (12) of the bottom layer (10) which are threaded through the upper layer (4) are used for combining this additional layer of textile (18) on the surface of the upper layer (4)…This additional layer (18) may comprise another nonwoven mat, a felt, a knit, a brushed cloth, synthetic fur or any other kind of textile allowing to improve the aesthetic aspect or comfort of the product.”, Col. 3 ln. 7-12, “Preferably, the fibrous mat (10) comprises a plurality of fibers (12) selected in the group consisting of synthetic fibers such as polyester, polypropylene, nylon, etc., or artificial fibers such as rayon, viscose, etc., natural fibers such as wool, jute, etc., and mixtures thereof. The fibrous mat (10) may also comprise fibers with specific functions. For example, if the fibers transferred by the needling process are electrically conductive, the product will dissipate static electricity therefrom.”, Col. 3 ln. 26-35, therefore, a method of manufacturing 2, adhering 18 directly on to a top surface of 4; embedding a plurality of 12; wherein the exposed portion of the plurality of 12 permit electrical static discharge to be dissipated from 18 out of 2, figures 1, 2, 5 and 6, see also Col. 5 ln. 23-32). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the embedded plurality of filaments of Hermann as of antistatic filaments to manufacture an antistatic insole as taught by Marier, in order to provide an insole with “fibers transferred by the needling process are electrically conductive, the product will dissipate static electricity therefrom.”, Col. 3 ln. 31-34. While the combined references disclose adhering a fabric layer directly on to a top surface of a flexible foam body, see Hermann which discloses fabric layer 11 as “Non-woven webs of fibrous materials for this purpose are available in the commercial marketplace as polyester non-woven fibers coated with acrylic resin”, Col. 7 ln. 64-66, and Marier which discloses fabric layer 18 as “additional layer (18) may comprise another nonwoven mat, a felt, a knit, a brushed cloth, synthetic fur or any other kind of textile allowing to improve the aesthetic aspect or comfort of the product”, the combined references fail to teach, adhering an antistatic fabric layer directly on to a top surface of a flexible foam body Weber, a conductive shoe insole, abstract, teaches, adhering an antistatic fabric layer directly on to a top surface of a flexible foam body (“Referring to FIG. 1, an electrically conductive shoe insole 10 is shown which includes a cushioned layer 12 and a woven fabric 14 positioned thereabove.”, Col. 2 ln. 56-58, “the woven fabric 14, which is bonded to the cushioned layer 12, is constructed from about 90 percent to about 99 percent by weight of man-made or synthetic noncellulosic fibers 20.”, Col. 4 ln. 36-39, “The woven fabric 14 contains from about 1 percent to about 10 percent by weight of noncorrosive, electrically conductive elements or fibers 22. These noncorrosive, electrically conductive fibers 22 should be continuous strands which facilitate transfer of the electrical charges from the wearer's foot down into the cushioned layer 12. The continuous fibers 22 can be interwoven into the woven fabric 14 in either the warp or the fill directions.”, Col. 5 ln. 10-17, therefore, adhering 14 directly on to a top surface of 12, figure 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the fabric layer of the combined references as being an antistatic fabric layer as taught by Weber, in order to provide the insole with an antistatic fabric layer “which facilitate transfer of the electrical charges from the wearer's foot down into the cushioned layer 12”, Col. 5 ln. 14-17. Regarding claim 13, the combined references teach, wherein embedding the plurality of antistatic filaments includes oscillating a plurality of needles, through the antistatic fabric layer and into the flexible foam body (Hermann, wherein embedding the plurality of 69 (antistatic as taught by Marier) includes oscillating a plurality of needles, through 11 (an antistatic fabric layer as taught by Weber) and into 12, col. 10-11, ln 60-18, see needle punching machine 71 in Figure 7). While Hermann does not specifically disclose that the needles include barbs, needles of needle punching machines typically are barbed needles. Marier, further teaches, wherein embedding the plurality of antistatic filaments includes oscillating a plurality of needles, each including downwardly extending barbs, through the fabric layer and into the flexible foam body (Marier, “The method comprises the steps of a), needling a layer made of a fibrous mat (10) comprising a multiplicity of fibers (12) to a layer made of a resilient foam material (4) such that a fraction of said fibers (12) penetrates the foam material (4). FIG. 3 shows the fibrous mat (10) and the layer of foam (4) before the needling step and FIG. 4 shows the same layers after the needling step. Preferably, as illustrated in FIG. 5, in step a), the fraction of the fibers (12) which are threaded through the foam material (4) may also be used for combining an additional layer of textile (18) as described hereinbefore.”, Col. 4 ln. 48-58, “As can be appreciated, the method consists in transferring a portion of the fibers (12) contained in the bottom layer (10) through the upper layer (4) by means of needles provided with barbs. The amount of transferred fibers (12) may be adjusted by controlling the number of penetrations per square centimeter and controlling the depth of the needle into the foam (4).”, Col. 5 ln. 10-16, therefore, wherein embedding the plurality of 12 includes oscillating a plurality of needles, each including downwardly extending barbs, through 18 and into 4, figures 3-6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use barbed needles in the needle-punching machine of the method of Hermann in order to facilitate transferring of fibers as taught by Marier, here, the barbs of such barbed needles would necessarily be downwardly extending, in order to function to pull fibers into the other layer, as disclosed by Hermann and Marier. Regarding claim 14, the combined references teach, wherein oscillating the plurality of needles causes the barbs to grab hold of portions of the antistatic fabric layer to form the plurality of antistatic filaments (Marier, wherein oscillating the plurality of needles causes the barbs to grab hold of portions of 11 of Hermann (antistatic fabric as taught by Weber) to form the plurality of antistatic filaments, Marier, col. 5, ln. 10-16; see Hermann col. 10-11, ln 60-18). Regarding claim 15, the combined references teach, oscillating the plurality of needles includes causing the plurality of needles to penetrate the flexible foam body (Marier, Col. 5 ln. 10-16). The combined references fail to teach, wherein oscillating the plurality of needles includes causing the plurality of needles to penetrate the flexible foam body by a depth of between about 12 mm to about 15 mm. However it is within the routine skill in the art to determine the optimal needling depth depending upon the thickness of the foam and the desired end results of the needling. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cause the needles to penetrate the foam body by a depth of between about 12-15 mm in the method of Hermann since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In re Aller, 105 USPQ 233. Additionally, it is within the ordinary skill in the art to adjust the depth of the needles depending on the desired transference of fibers as taught by Marier. Regarding claim 16, the combined references teach, wherein oscillating the plurality of needles includes moving the plurality of needles downwardly through the antistatic fabric layer and through the flexible foam body such that the plurality of antistatic filaments extends from the top surface of the flexible foam body past the bottom surface thereof (Herman, wherein oscillating the plurality of needles includes moving the plurality of needles downwardly through 11 (antistatic as taught by Weber) and through 12 such that the plurality of 69 (antistatic filaments as taught by Marier) extends from the top surface of 12 past the bottom surface thereof, Col. 10-11, ln 60-18; figure 7). Regarding claim 17, the combined references teach, wherein embedding the plurality of antistatic filaments in the flexible foam body includes causing at least a portion of the plurality of antistatic filaments to be entangled within the flexible foam body (Hermann, wherein embedding the plurality of 69 (antistatic as taught by Marier) in 12 includes causing at least a portion of the plurality of 69 (antistatic as taught by Marier) to be entangled within 12, shown in figure 2, Col. 10-11 ln. 66-35). Regarding claim 18, the combined references teach, wherein the antistatic fabric layer is configured to directly contact a user's foot when the shoe insole is worn by a user (Hermann, wherein 11 (antistatic as taught by Weber) is configured to directly contact a user's foot when the shoe insole is worn by a user, figures 1 and 2). Regarding claim 20, the combined references teach, wherein the flexible foam body is polyurethane foam (Hermann, wherein 12 is a polyurethane foam, Col. 5 ln. 16-21 and Col. 16 ln 16-19). While Hermann discloses the flexible foam body 12 as being polyurethane foam, the combined references fail to teach, wherein the flexible foam body is an open-cell polyurethane foam. However, Marier further teaches, wherein the flexible foam body is an open-cell polyurethane foam (“The resilient foam material of the upper layer (4) may be an opened or closed-cell synthetic foam. It preferably consists of a polymer selected from the group consisting of polyurethane, polyester, polyether, cross-linked polyethylene, polyvinylic chloride, and the like.”, Col. 3-4 ln 65-2, therefore, wherein 4 is an open-cell polyurethane foam). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the polyurethane foam of Hermann as an open cell foam polyurethane foam as taught by Marier, since open cell foams are conventionally used for shoe insoles since they form resilient material advantageous for an insole as taught by Marier. Regarding claim 22, the combined references teach, wherein the antistatic fabric layer completely covers the top surface of the flexible foam body (Hermann, wherein 11 (antistatic as taught by Weber) completely covers the top surface of 12, Col. 2-3 ln 60-2, Col. 10-11, ln 54-35, figure 1). Regarding claim 23, the combined references teach, wherein the antistatic fabric layer comprises a blend of polyester fabric with steel fibers (Weber, “In a specific embodiment of this invention, the fabric 14 is a plain weave fabric, available under the trade name "Special Combination--Blue", from Industrial Fabrics Corporation of Minneapolis, Minn. The fabric contains about 97 percent by weight of polyester fibers, and about 3 percent by weight of 304 stainless steel fibers.”, Col. 5 ln. 44-49, therefore, as combined above as taught by Weber, wherein 11 of Hermann (antistatic as taught by Weber) comprises a blend of polyester fabric with steel fibers). Regarding claim 24, the combined references teach, wherein an end portion of the plurality of antistatic filaments are exposed exteriorly from a bottom surface of the flexible foam body (Hermann, “In the cross-sectional view of the composite material shown at FIG. 2, the result of connecting the cover layer 11 to the foam layer 12 by needle punching shows how the randomly oriented polyester fibers 69 have been forcibly impaled in the needle punching machine 71 so that they penetrate through the surface of the cover layer 11 into and through the hydrophilic foam layer 12 to force some of the fibers to extend out of the bottom surface of the foam layer 12.”, Col. 11 ln. 10-17, therefore, wherein portions of the plurality of 69 (antistatic as taught by Marier) are exposed exteriorly from a bottom surface of 12, examiner notes: Hermann discloses that the needle punching randomly orients 69, therefore, at least one end portion, or at least some end portions, could be exposed since the filaments necessarily have end portions and the needling would randomly result in at least one (or some) end portions being exposed). Marier, further teaches, wherein an end portion of the plurality of antistatic filaments are exposed exteriorly from a bottom surface of the flexible foam body (“Each of the fibers (12) of the fraction penetrating the foam material (4) preferably emerges from the outer surface (16) of the upper layer (4) and thereby provides a pilosity (17) thereon which gives a comfortable finish to the product (2).”, Col. 2 ln. 56-59, therefore, wherein an end portion 17 of the plurality of 12 are exposed exteriorly from a bottom surface of the flexible foam body, figure 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an end portion of the plurality of filaments of the combined references as being exposed on the bottom surface of the foam as taught by Marier, in order to form pilosity on the foam providing a comfortable finish to the product, Col. 5 ln. 21-22. Regarding claim 26, the combined references teach, wherein embedding the plurality of antistatic filaments in the flexible foam body includes causing the plurality of antistatic filaments to be uniformly interspersed throughout the flexible foam body (Hermann, “As shown in FIG. 7, as the hydrophilic foam layer 12 is now further advanced, randomly oriented three denier acrylic fibers 69, approximately three (3) inches long, are dispensed from a roll 70 and laid onto the upper surface of the moving hydrophilic foam layer 12 at about three (3) ounces of fiber per square foot to position a cover layer 11 on the upper surface of hydrophilic foam layer 12. The composite material can now be formed by joining this cover layer 11 to the hydrophilic foam layer 12 by any suitable means such as passing the cover layer 11 and hydrophilic foam layer 12 through a needle punching station generally designated 71 where they are mechanically joined. Needle punching machines are well known in the art. In the diagrammatically illustrated needle punching station 71, the cover layer 11 and hydrophilic foam layer 12 are advanced through the machine at about ten (10) lineal feet per minute during which the needles, not shown, are operated at about 600 strokes per minute to provide 850 punctures per square inch through the cover layer 11 and hydrophilic foam layer 12 to mechanically attach the randomly oriented polyester fiber cover layer 11 to the hydrophilic foam layer 12 to form the two-layered composite material 10. In the cross-sectional view of the composite material shown at FIG. 2, the result of connecting the cover layer 11 to the foam layer 12 by needle punching shows how the randomly oriented polyester fibers 69 have been forcibly impaled in the needle punching machine 71 so that they penetrate through the surface of the cover layer 11 into and through the hydrophilic foam layer 12 to force some of the fibers to extend out of the bottom surface of the foam layer 12 wherein embedding the plurality of antistatic filaments in the flexible foam body includes causing the plurality of antistatic filaments to be uniformly interspersed throughout the flexible foam body”, Col, 10-11 ln. 54-17, therefore, wherein embedding the plurality of 69 (antistatic as taught by Weber) in 12 includes causing the plurality of 69 (antistatic as taught by Weber) to be uniformly interspersed throughout 12, figure 7, here, Hermann discloses that “needles, not shown, are operated at about 600 strokes per minute to provide 850 punctures per square inch through the cover layer 11 and hydrophilic foam layer 12 to mechanically attach the randomly oriented polyester fiber cover layer 11 to the hydrophilic foam layer 12 to form the two-layered composite material 10”, therefore, the filaments are uniformly interspersed throughout the foam body as claimed). Claims 12, 19 and 27-28 and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Hermann (5,763,335) in view of Marier et al. (5,994,245)[Marier] in view of Kimura et al. (2004/0128864)[Kimura]. Regarding claim 12, Herman teaches, A method of manufacturing an antistatic shoe insole (Col. 4 ln. 65-12, figures 1-2 and 7), the method comprising: adhering a fabric layer directly on to a top surface of a flexible foam body; embedding a plurality of filaments into the flexible foam body such that a portion of the plurality of filaments extend to a bottom working surface of the flexible foam body and are exposed exteriorly through the bottom working surface (“The method as above described also includes various steps for connecting the cover layer of random oriented hydrophobic fibers by needle punching which operatively connects the cover layer to the foam layer”, Col. 2 ln. 64-67, “Thus referring to the drawings, FIGS. 1, 2, 2A and 2B show a two-layered form of the composite material generally designated 10 in the form of an insole for a shoe having a cover layer 11 and a foam layer 12 that is hydrophilic with respect to the cover layer 11, which is operatively joined or connected or bonded or otherwise laminated in any suitable way to the cover layer 11 as by needle punching”, Col. 4 ln. 65-12, “The composite material can now be formed by joining this cover layer 11 to the hydrophilic foam layer 12 by any suitable means such as passing the cover layer 11 and hydrophilic foam layer 12 through a needle punching station generally designated 71 where they are mechanically joined.”, Col. 10 ln. 60-65, “In the cross-sectional view of the composite material shown at FIG. 2, the result of connecting the cover layer 11 to the foam layer 12 by needle punching shows how the randomly oriented polyester fibers 69 have been forcibly impaled in the needle punching machine 71 so that they penetrate through the surface of the cover layer 11 into and through the hydrophilic foam layer 12 to force some of the fibers to extend out of the bottom surface of the foam layer 12.”, Col. 12 ln. 10-17, therefore, the method comprising: adhering (“needle punching”) 11 directly on to a top surface of 12; embedding a plurality of 69 into the 12 such that a portion of the plurality of filaments extend to a bottom working surface of 12 and are exposed exteriorly through the bottom working surface, figures 2 and 7); and cutting the antistatic fabric layer and flexible foam body into the shape of a shoe insole (“4). die cutting the composite material to provide sized and shaped articles.”, Col. 3 ln. 16-17, “It has been found that bonding of the cover layer 11 and the foam layer 12 to form the composite material 10 can be used in conjunction with the molding or cutting of the composite material into three-dimensional shapes to provide products such as insoles”, Col. 12 ln. 40-44, figure 1). While Hermann discloses a method of manufacturing a shoe insole which adheres a fabric layer to a top surface of a foam body by embedding a plurality of fibers into the foam body, see above, Herman fails to teach, a method of manufacturing an antistatic shoe insole, adhering an antistatic fabric layer directly on to a top surface of a flexible foam body, embedding a plurality of antistatic filaments; wherein the exposed portion of the plurality of antistatic filaments permit electrical static discharge to be dissipated from the antistatic fabric layer out of the shoe insole. Marier, a method of making a shoe insole, abstract, teaches, a method of manufacturing an antistatic shoe insole, embedding a plurality of antistatic filaments; wherein the exposed portion of the plurality of antistatic filaments permit electrical static discharge to be dissipated from the antistatic fabric layer out of the shoe insole (“Referring to FIGS. 1, 2 and also 6, the invention is generally characterized by a laminated product (2) suitable for use as an insole for a footwear.”, Col. 2 ln. 38-40, “It comprises an upper layer made of a resilient foam material (4) and, if it is used as an insole as shown in FIG. 1, it also has an outline (6) shaped for incorporation in a footwear. The product (2) further comprises a bottom layer made of a fibrous mat (10) and having a shape conforming with the outline of the upper layer (4). The fibrous mat (10) which comprises a multiplicity of fibers (12) is needled to the upper layer (4) so that a fraction of those fibers (12) penetrates the foam material of the upper layer (4) for bonding the bottom layer (10) to the upper layer (4).”, Col. 2 ln. 42-52, “An additional layer of textile (18) may also be bonded to the upper layer of foam (4). In the embodiment illustrated in FIG. 2, the fibers (12) of the bottom layer (10) which are threaded through the upper layer (4) are used for combining this additional layer of textile (18) on the surface of the upper layer (4)…This additional layer (18) may comprise another nonwoven mat, a felt, a knit, a brushed cloth, synthetic fur or any other kind of textile allowing to improve the aesthetic aspect or comfort of the product.”, Col. 3 ln. 7-12, “Preferably, the fibrous mat (10) comprises a plurality of fibers (12) selected in the group consisting of synthetic fibers such as polyester, polypropylene, nylon, etc., or artificial fibers such as rayon, viscose, etc., natural fibers such as wool, jute, etc., and mixtures thereof. The fibrous mat (10) may also comprise fibers with specific functions. For example, if the fibers transferred by the needling process are electrically conductive, the product will dissipate static electricity therefrom.”, Col. 3 ln. 26-35, therefore, a method of manufacturing 2, adhering 18 directly on to a top surface of 4; embedding a plurality of 12; wherein the exposed portion of the plurality of 12 permit electrical static discharge to be dissipated from 18 out of 2, figures 1, 2, 5 and 6, see also Col. 5 ln. 23-32). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the embedded plurality of filaments of Hermann as of antistatic filaments to manufacture an antistatic insole as taught by Marier, in order to provide an insole with “fibers transferred by the needling process are electrically conductive, the product will dissipate static electricity therefrom.”, Col. 3 ln. 31-34. While the combined references disclose adhering a fabric layer directly on to a top surface of a flexible foam body, see Hermann which discloses fabric layer 11 as “Non-woven webs of fibrous materials for this purpose are available in the commercial marketplace as polyester non-woven fibers coated with acrylic resin”, Col. 7 ln. 64-66, and Marier which discloses fabric layer 18 as “additional layer (18) may comprise another nonwoven mat, a felt, a knit, a brushed cloth, synthetic fur or any other kind of textile allowing to improve the aesthetic aspect or comfort of the product”, the combined references fail to teach, an antistatic fabric layer. Kimura, footwear with a static electricity removing sheet, abstract, teaches, a antistatic fabric layer (“a removal of the static electricity can be simply performed merely by attaching the static electricity removing sheet to a bottom face of the footwear bottom.”, [0011], “a nonwoven fabric-like static electricity removing sheet 2, of about 1.5 mm in thickness t, consisting of very fine conductive fibers.”, [0026], “as the static electricity removing sheet 2 in the embodiment 1, it is possible to use, for example, a nonwoven fabric consisting of organic conductive fibers (trademark: THUNDERON) in which surfaces of acrylic fibers are covered by coatings of copper sulfide.”, [0031], therefore, 2 is antistatic fabric layer, figure 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the fabric layer of the combined references as being an antistatic fabric layer as taught by Kimura, in order to provide the insole with an antistatic fabric layer where “the static electricity can be removed by the fact that the corona discharge is generated from the outer face 20 of the static electricity removing sheet 2 toward the footwear bottom to thereby electrically neutralize the footwear bottom”, [0030]. Regarding claim 19, the combined references teach, wherein the antistatic fabric layer includes a non-woven fabric formed with a conductive material (Hermann, wherein 11 (antistatic as taught by Kimura) includes a non-woven fabric formed with a conductive material, Kimura, “a nonwoven fabric-like static electricity removing sheet 2, of about 1.5 mm in thickness t, consisting of very fine conductive fibers.”, [0026], “as the static electricity removing sheet 2 in the embodiment 1, it is possible to use, for example, a nonwoven fabric consisting of organic conductive fibers (trademark: THUNDERON) in which surfaces of acrylic fibers are covered by coatings of copper sulfide.”, [0031]). Regarding claim 27, the combined references teach, wherein the antistatic fabric layer includes at least one of cotton, wool, jute, hemp, polylactic acid, and bionylon (wherein 11 of Hermann is a antistatic fabric layer as taught by Kimura, Kimura, “in the invention, as the static electricity removing sheet in which the corona discharge is made the electricity removing means, there is used the nonwoven fabric consisting of organic conductive fibers (trademark: THUNDERON) in which surfaces of acrylic fibers are covered by coatings of copper sulfide, but it is not necessarily limited to this. For example, like conductive fibers (trademark: SOLDION) whose basic materials are polyethylene terephthalate cotton, pulp and carbon and in which conductive substances are mixed, and like carbon fibers, etc.,”, [0039], therefore, the antistatic layer of Kimura includes at least one of cotton, wool, jute, hemp, polylactic acid, and bionylon as claimed). Regarding claim 28, Herman teaches, A method of manufacturing an antistatic shoe insole (Col. 4 ln. 65-12, figures 1-2 and 7), the method comprising: adhering an fabric layer including a non-woven fabric to a top surface of a flexible foam body; embedding a plurality of filaments in the flexible foam body such that the plurality of filaments are substantially uniformly interspersed throughout the flexible foam body and a portion of the plurality of filaments are exposed exteriorly through a bottom working surface of the flexible foam body (“The method as above described also includes various steps for connecting the cover layer of random oriented hydrophobic fibers by needle punching which operatively connects the cover layer to the foam layer”, Col. 2 ln. 64-67, “Thus referring to the drawings, FIGS. 1, 2, 2A and 2B show a two-layered form of the composite material generally designated 10 in the form of an insole for a shoe having a cover layer 11 and a foam layer 12 that is hydrophilic with respect to the cover layer 11, which is operatively joined or connected or bonded or otherwise laminated in any suitable way to the cover layer 11 as by needle punching”, Col. 4 ln. 65-12, “the cover layer 11, foam layer 12 hydrophilic with respect to the cover layer 11 and a bottom or third layer 13 in the form of a non-woven fiber web or felted non-woven fiber web material.”, Col. 7 ln. 57-60, “Non-woven webs of fibrous materials for this purpose are available in the commercial marketplace as polyester non-woven fibers coated with acrylic resin”, Col. 7 ln. 64-66, “The composite material can now be formed by joining this cover layer 11 to the hydrophilic foam layer 12 by any suitable means such as passing the cover layer 11 and hydrophilic foam layer 12 through a needle punching station generally designated 71 where they are mechanically joined.”, Col. 10 ln. 60-65, “In the cross-sectional view of the composite material shown at FIG. 2, the result of connecting the cover layer 11 to the foam layer 12 by needle punching shows how the randomly oriented polyester fibers 69 have been forcibly impaled in the needle punching machine 71 so that they penetrate through the surface of the cover layer 11 into and through the hydrophilic foam layer 12 to force some of the fibers to extend out of the bottom surface of the foam layer 12.”, Col. 12 ln. 10-17, therefore, the method comprising: adhering (“needle punching”) 11 including a non-woven fabric (Col. 7 ln. 57-60 and Col. 7 ln. 64-66) to a top surface of 12; embedding a plurality of 69 in 12 such that the plurality of 69 are substantially uniformly interspersed (examiner notes: see, Col, 10-11 ln. 54-17, which discloses a needle punching station “Needle punching machines are well known in the art. In the diagrammatically illustrated needle punching station 71, the cover layer 11 and hydrophilic foam layer 12 are advanced through the machine at about ten (10) lineal feet per minute during which the needles, not shown, are operated at about 600 strokes per minute to provide 850 punctures per square inch through the cover layer 11 and hydrophilic foam layer 12 to mechanically attach the randomly oriented polyester fiber cover layer 11 to the hydrophilic foam layer 12 to form the two-layered composite material 10”, therefore, since the cover layer 11 and foam layer 12 “are advanced through the machine at about ten (10) lineal feet per minute during which the needles, not shown, are operated at about 600 strokes per minute to provide 850 punctures per square inch through the cover layer 11 and hydrophilic foam layer 12”, the plurality of 69 are substantially uniformly interspersed as claimed) throughout 12 and a portion of the plurality of 69 are exposed exteriorly through a bottom working surface of 12); and cutting the antistatic fabric layer and flexible foam body into the shape of a shoe insole (“4). die cutting the composite material to provide sized and shaped articles.”, Col. 3 ln. 16-17, “It has been found that bonding of the cover layer 11 and the foam layer 12 to form the composite material 10 can be used in conjunction with the molding or cutting of the composite material into three-dimensional shapes to provide products such as insoles”, Col. 12 ln. 40-44, therefore, cutting 11 and 12 into the shape of a shoe insole, figure 1). While Hermann discloses a method of manufacturing a shoe insole which adheres a fabric layer to a top surface of a foam body by embedding a plurality of fibers into the foam body, see above, Hermann fails to teach, a method of manufacturing an antistatic shoe insole; adhering an antistatic fabric layer including a non-woven fabric formed with a conductive material; embedding a plurality of antistatic filaments; wherein the exposed portion of the plurality of antistatic filaments permit electrical static discharge to be dissipated from the antistatic fabric layer out of the shoe insole. Marier, a method of making a shoe insole, abstract, teaches, a method of manufacturing an antistatic shoe insole; embedding a plurality of antistatic filaments; wherein the exposed portion of the plurality of antistatic filaments permit electrical static discharge to be dissipated from the antistatic fabric layer out of the shoe insole (“Referring to FIGS. 1, 2 and also 6, the invention is generally characterized by a laminated product (2) suitable for use as an insole for a footwear.”, Col. 2 ln. 38-40, “It comprises an upper layer made of a resilient foam material (4) and, if it is used as an insole as shown in FIG. 1, it also has an outline (6) shaped for incorporation in a footwear. The product (2) further comprises a bottom layer made of a fibrous mat (10) and having a shape conforming with the outline of the upper layer (4). The fibrous mat (10) which comprises a multiplicity of fibers (12) is needled to the upper layer (4) so that a fraction of those fibers (12) penetrates the foam material of the upper layer (4) for bonding the bottom layer (10) to the upper layer (4).”, Col. 2 ln. 42-52, “An additional layer of textile (18) may also be bonded to the upper layer of foam (4). In the embodiment illustrated in FIG. 2, the fibers (12) of the bottom layer (10) which are threaded through the upper layer (4) are used for combining this additional layer of textile (18) on the surface of the upper layer (4)…This additional layer (18) may comprise another nonwoven mat, a felt, a knit, a brushed cloth, synthetic fur or any other kind of textile allowing to improve the aesthetic aspect or comfort of the product.”, Col. 3 ln. 7-12, “Preferably, the fibrous mat (10) comprises a plurality of fibers (12) selected in the group consisting of synthetic fibers such as polyester, polypropylene, nylon, etc., or artificial fibers such as rayon, viscose, etc., natural fibers such as wool, jute, etc., and mixtures thereof. The fibrous mat (10) may also comprise fibers with specific functions. For example, if the fibers transferred by the needling process are electrically conductive, the product will dissipate static electricity therefrom.”, Col. 3 ln. 26-35, therefore, a method of manufacturing 2, adhering 18 directly on to a top surface of 4; embedding a plurality of 12; wherein the exposed portion of the plurality of 12 permit electrical static discharge to be dissipated from 18 out of 2, figures 1, 2, 5 and 6, see also Col. 5 ln. 23-32). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the embedded plurality of filaments of Hermann as of antistatic filaments to manufacture an antistatic insole as taught by Marier, in order to provide an insole with “fibers transferred by the needling process are electrically conductive, the product will dissipate static electricity therefrom.”, Col. 3 ln. 31-34. While the combined references disclose adhering a non-woven fabric layer directly on to a top surface of a flexible foam body, see Hermann which discloses fabric layer 11 as “Non-woven webs of fibrous materials for this purpose are available in the commercial marketplace as polyester non-woven fibers coated with acrylic resin”, Col. 7 ln. 64-66, and Marier which discloses fabric layer 18 as “additional layer (18) may comprise another nonwoven mat, a felt, a knit, a brushed cloth, synthetic fur or any other kind of textile allowing to improve the aesthetic aspect or comfort of the product”, the combined references fail to teach, an antistatic fabric layer including a non-woven fabric formed with a conductive material. Kimura, footwear with a static electricity removing sheet, abstract, teaches, an antistatic fabric layer including a non-woven fabric formed with a conductive material (“a removal of the static electricity can be simply performed merely by attaching the static electricity removing sheet to a bottom face of the footwear bottom.”, [0011], “a nonwoven fabric-like static electricity removing sheet 2, of about 1.5 mm in thickness t, consisting of very fine conductive fibers.”, [0026], “as the static electricity removing sheet 2 in the embodiment 1, it is possible to use, for example, a nonwoven fabric consisting of organic conductive fibers (trademark: THUNDERON) in which surfaces of acrylic fibers are covered by coatings of copper sulfide.”, [0031], therefore, 2 is an antistatic fabric layer including a non-woven fabric formed with a conductive material, figure 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the non-woven fabric layer of the combined references as being an antistatic fabric layer including a non-woven fabric formed with a conductive material as taught by Kimura, in order to provide the insole where “the static electricity can be removed by the fact that the corona discharge is generated from the outer face 20 of the static electricity removing sheet 2 toward the footwear bottom to thereby electrically neutralize the footwear bottom”, [0030]. Regarding claim 30, the combined references teach, wherein embedding the plurality of antistatic filaments in the flexible foam body includes causing at least a portion of the plurality of antistatic filaments to be entangled within the flexible foam body (Hermann, wherein embedding the plurality of 69 (antistatic as taught by Marier) in 12 includes causing at least a portion of the plurality of 69 (antistatic as taught by Marier) to be entangled within 12, shown in figure 2, Col. 10-11 ln. 66-35). Regarding claim 31, the combined references teach, wherein the antistatic fabric layer is configured to directly contact a user's foot when the shoe insole is worn by a user (Hermann, wherein 11 (antistatic as taught by Kimura) is configured to directly contact a user's foot when the shoe insole is worn by a user, figures 1 and 2). Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Hermann (5,763,335) in view of Marier et al. (5,994,245)[Marier] in view of Weber (5,233,769) in view of Williford (5,261,169). Regarding claim 21, the combined references teach, wherein the flexible foam body is foam (Hermann, wherein 12 is a foam, Col. 5 ln. 16-21 and Col. 16 ln 16-19). While Hermann discloses the flexible foam body 12 as being foam, the combined references fail to teach, wherein the flexible foam body is a closed-cell EVA foam. Williford, a shoe insole, abstract teaches, wherein the flexible foam body is a closed-cell EVA foam (“The resilient layer may be any type of material commonly used as an impact-absorbing layer in shoe insoles or other compressible articles. Particularly suitable are foam rubber insole materials, such as rubber latex foams, polyurethane latex foams, polypropylene latex foams, butyl latex foams, and the like. Particularly preferred are closed-cell foamed thermoplastics formed from a number of known thermoplastic foam materials and blends thereof, such as polyethylene, ethylene vinyl acetate copolymers,”, Col. 3-4 ln 65-2, therefore, wherein the flexible foam body (“resilient layer”) is a closed-cell EVA foam, Col. 3-4 ln. 62-3). Williford discloses that this foam is commonly used as an impact absorbing layer in shoe insoles (col. 3, lines 62-63). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the polyurethane foam of Hermann as a closed-cell EVA foam as taught by Williford, in order to provide “an impact-absorbing layer”, Col. 3 ln. 62-63, additionally, as disclosed by Williford closed-cell EVA is commonly used for shoe insoles, and it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See In re Leshin, 125 USPQ 416. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 1. 4,464,850 by Ebert discloses a shoe insert with a fiber layer on a top surface of a foam layer and filaments that extend through the foam layer. 2. 4,926,570 by Fohst discloses an inner sole with a non-woven fabric containing with electrically conductive fibers, metal fibers, that extend through the thickness of the non-woven by needling. 3. 3,506,529 by Sanders discloses a process for needled fabrics, which discloses a layer of foam between two fibrous layers, the foam layer being secured by needle-punching the foam and two fibrous layers. 4. 3,122,141 by Crowe discloses a sheet material with a fiber layer on a top surface of a sponge layer and filaments that extend through the sponge layer by needling, using barbed needles passing down through the fiber layer and into the sponge layer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached 8:30-5. 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, Clinton Ostrup can be reached at 571-272-5559. 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. /Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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Prosecution Timeline

Apr 11, 2023
Application Filed
Jul 13, 2024
Non-Final Rejection — §102, §103, §112
Nov 05, 2024
Response Filed
Dec 04, 2024
Final Rejection — §102, §103, §112
Apr 09, 2025
Request for Continued Examination
Apr 10, 2025
Response after Non-Final Action
Jul 17, 2025
Request for Continued Examination
Jul 25, 2025
Response after Non-Final Action
Nov 26, 2025
Request for Continued Examination
Dec 27, 2025
Response after Non-Final Action
Mar 19, 2026
Non-Final Rejection — §102, §103, §112 (current)

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