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 .
Allowable Subject Matter
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 –
Claims 1 and 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al. (CN 211497977).
Regarding claim 1, Xu et al. teach textilene mesh fabric with the mesh fabric comprises warp and weft yarns interwoven wherein the warp yarns comprise first warp yarns and second warp yarns and the weft yarns comprise first weft yarns and second weft yarns and the first warp yarns and first weft yarns are PVC threads and the second warp yarns and second weft yarns are PVC coated synthetic fibers as Xu et al. teach the warp and weft are PVC coated yarns and therefore meet the claimed first warp yarn, first weft yarn, second warp yarn and second weft yarn (the first and second warp yarns and first and second weft yarns are not required to be different by the present claim language) [0004-0005 and 0025].
Regarding claims 5-9, Even if Xu et al. does not disclose the claimed method, it is noted that “[E]ven 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) . Further, “although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product”, In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP 2113. Therefore, absent evidence of criticality regarding the presently claimed process and given that Xu et al. meets the requirements of the claimed fabric, Xu et al. clearly meet the requirements of present claims fabric.
Claim Rejections - 35 USC § 103
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (CN 211497977).
Regarding claim 10, Xu et al. are silent regarding the fabric being applied to 3D car mates. However, it would have been obvious to one of ordinary skill in the art to apply the fabric to any substrate including 3D car mats in order to provide deodorizing and waterproof properties and arrive at the claimed invention.
Conclusion
Art Not Used but Relevant
US Pat. 4,930,834 teaches a mesh fabric with warp and weft that are polyester yarns coated with pvc.
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/Shawn Mckinnon/Examiner, Art Unit 1789
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