DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-8 are rejected under pre-AIA 35 U.S.C. 103(a) as obvious over USPAP 2006/0277950 to Rock in view of USPN 3,030,691 to Law and (if necessary) further in view of USPN 3,721,272 to Hager and/or USPN 3,357,075 to Law (hereinafter referred to as Law 2).
Claim 1, Rock discloses a method comprising forming an insulated composite fabric including: attaching an insulating-filler fabric layer to an outer fabric layer, wherein the insulating-filler fabric layer is a textile fabric with at least one raised surface on the fabric; one side of the insulating-filler layer comprising a first surface with relatively high pile, including regions of no pile or relatively low pile interspersed among regions of relatively high pile, the other side of the insulating-filler layer comprising a second surface with relatively high pile, including regions of no pile or relatively low pile interspersed among regions of relatively high pile, wherein the regions of the relatively high pile of the first pile surface and the regions of the relatively high pile of the second pile surface are interconnected with one another; and coupling at least one of a fleece and velour that is respectively lower than the relatively high pile of the first surface or the relatively high pile of the second surface to at least one of the first surface and the second surface in one or more of the regions of no pile or relatively low pile (see entire document including Figure 7, Figure 26, [0007], [0057], [0061], [0063], [0066], [0069], [0070], [0071], [0076], [0078], [0083], [0090], and [0118]). The examiner interprets “coupling at least one of a fleece and velour …in one or more of the regions of no pile or relatively low pile” as including raising low pile yarn by napping (as taught in [0083] of the current specification).
In addition, Law discloses that it is known in the garment art to construct two-sided pile fabrics with opposite piles interconnected (see entire document including Figure 10, column 1, lines 8-26, column 2, lines 31-50, column 3, lines 24-45, and column 6, lines 21-51). Plus, Hager and Law 2 each disclose that it is known in the art to construct two-sided pile fabrics wherein the oppositely located piles are interconnected (see entire documents including column 2, line 24 through column 4, line 52 and Figure 3 of Hager and the column1, line 27 through column 3, line 10 and the Figures of Law 2). Therefore, it would have been obvious to one having ordinary skill in the art to construct the insulated fabric garment of Rock, as claimed with interconnected opposite piles, to provide a unitary fabric.
Claims 2 and 7, Rock discloses that the fabric elements are sewn together at the seams [0057]. Therefore, the Rock teaches the insulating-filler layer is sewn to the outer fabric layer at seams. Plus, Rock clearly teaches laminating layers together [0069] and stitching edges [0082]. The Office takes official notice that it is known in the garment art to promote insulative air entrapment by sealing the edges of a fabric composite. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to stitch/sew seal along the periphery edges, to promote insulative air entrapment.
Claim 3, the at least one of the fleece and velour is coupled to the respective surface by one or more of stitching yarn and backing yarn ([0064]-[0074]).
Claim 4, the insulating-filler layer comprises no pile interspersed among the regions of relatively high pile and relatively low pile interspersed among the regions of relatively high pile ([0057]-[0074] and the Figures).
Claim 5, Rock discloses attaching the insulating-filler fabric layer by laminating the insulating filler fabric layer to the outer fabric layer [0069].
Claim 6, Rock discloses laminating a waterproof membrane to an inner surface of the outer fabric layer, and so that the waterproof membrane is disposed between the outer fabric layer and the insulating-filler fabric layer, and wherein the waterproof membrane is a vapor permeable membrane, or wherein the waterproof membrane is selected from a porous hydrophobic membrane, a hydrophilic non-porous membrane, and an electrospun membrane [0069].
Claim 8, the first surface of the insulating-filler layer faces the outer fabric layer [0069].
Conclusion
This is a continuation of applicant's earlier Application No. 15/950,603. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T PIZIALI whose telephone number is (571)272-1541. The examiner can normally be reached Monday-Thursday 7am-5pm.
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, Marla McConnell can be reached on 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T PIZIALI/Primary Examiner, Art Unit 1789
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