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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/19/2026 has been entered.
Response to Amendment
The amendment dated 1/19/2026 has been considered and entered into the record. Claim 15 has been cancelled and new claim 21 has been added. Claims 1–14 and 16–21 are pending and are examined below. Independent claims 1, 16, and 18 have been amended to require a polyester adhesive layer used to laminate a polyester backing layer to a fabric sheet composed of polyester microfibers, wherein the sheet, backing layer, and adhesive are formed of a monomaterial.
Response to Arguments
Applicant’s arguments, see Remarks, filed 1/19/2026, with respect to the rejection(s) of claim(s) 1–14 and 16–21 under 35 USC 103 in view of Gore and Tang have been fully considered in light of the latest amendment and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4 requires the polyester backing layer to be laminated to the fabric sheet with a polyester adhesive layer. Claim 1, from which claim 4 depends, has been amended to require a polyester backing layer to be laminated to the fabric sheet with a polyester adhesive layer. Accordingly, claim 4 fails to further limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1–8, 11–13, 18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 2023/0002964 A1) in view of Tang (US 2013/0000772 A1).
Lin teaches the formation of an artificial leather comprising a polyester surface layer, polyester adhering layer, and a polyester substrate layer, wherein the same polyester is used in each of the layers. Lin abstract. In other words, the surface layer, adhering layer, and substrate layer are formed of a monomaterial. The polyester substrate layer 11, which the Examiner equates to the claimed backing layer, is laminated to the back face of surface layer 13 using polyester adhering layer 12. Id. ¶¶ 3, 13–17, Fig. 1. The surface layer may comprise polyester microfibers. Id. ¶¶ 28–29.
Lin fails to teach that a first face of the surface layer has separated and raised microfibers that provide a suede-like appearance and feel.
Tang teaches the formation of artificial leather made from woven polyester microfiber yarns, wherein the woven yarns are sanded to create a suede-like surface containing separated and raised microfibers. Tang abstract, ¶¶ 7, 45–46.
It would have been obvious to one of ordinary skill in the art to have used the suede-like, woven fabric of polyester microfiber yarns of Tang as the microfibrous surface layer 13 in Lin motivated by the desire to create a laminate with a suede-like appearance and feel.
Claim 5 is rejected as the polyester adhering layer 12 is a meltblown web. See Lin ¶ 21. Claim 6 is rejected as the polyester used to make the claimed backing layer may be recycled. Id. ¶ 14. Claim 7 is rejected all of the polyester in each of the Lin leather is recyclable. Id. abstract. Claim 8 is rejected as the woven fabric of Tang contains ground and face polyester yarns that are interwoven. See Tang Abstract, Figs. 2–4.
Claim 11 is rejected as the artificial leather of Lin may have a basis weight of 250 gsm, based upon a substrate layer 11 weight of 150 gsm, adhering layer 12 weight of 50 gsm, and surface layer 13 weight of 50 gsm. Lin ¶¶ 15–16, 43. Claim 13 is rejected as the substrate layer 11 is a nonwoven fabric. Id. ¶ 14.
Claim(s) 9, 10, 14, 16, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lin and Tang as applied to claims 1, 8, and 18 above, and further in view of Gore (DE 20 2019 105 659 U1).
Lin and Tang fail to teach a denier for the polyester yarn used in the artificial leather.
Gore teaches the creation of a composite fabric comprising a microfibrous polyester fabric sheet 12 adhesively laminated to a nonwoven backing layer 14, wherein the outer surface of the fabric sheet is made to simulate the appearance of leather. Gore abstract, Figure 2, Detailed Description. The microfibrous layer may be woven or knitted. Id. Detailed Description. The microfibers of Gore refer to polyester yarns with a denier of less than 1. Id. Summary. The backing layer of Gore has a thickness of 1–2.5 mm. Id. Detailed Description.
The ordinarily skilled artisan would have found it obvious to look to Gore for guidance as to suitable denier for polyester yarns and backing layer thickness in order to successfully practice the invention of Lin.
Conclusion
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
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