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 .
Specification
The disclosure is objected to because of the following informalities: paragraphs [0069] and [0071] refer to “inner layer 2,” although the inner layer in FIG. 1A is initially referred to in paragraph [0058] as “inner layer 3.”
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.
Claims 1-18 and 20 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “ordinary woven structure.” It is unclear what falls within the scope of “ordinary woven structure” and what does not. For the purpose of examination, this limitation is interpreted as meaning a woven fabric other than a pile woven structure, a gauze or a leno woven structure. Claims 2-18 and 20 are rejected because they depend on claim 1.
Claim 5 recites the limitation “consists of an aramid fiber in an amount of 70 wt% or more based on a total weight of fibers constituting the nonwoven fabric layer.” It is unclear what component(s) are included in and excluded from the scope of the claim by the transitional phrase “consists of” in this limitation.
Claim 6 recites the limitation “consists of at least one type of aramid fiber selected from a meta-aramid fiber and a para-aramid fiber, in an amount of 90 wt% or more based on a total weight of fibers constituting the nonwoven fabric layer.” It is unclear what component(s) are included in and excluded from the scope of the claim by the transitional phrase “consists of” in this limitation. Claim 11 is rejected because it depends on claim 6.
Claim 7 recites the limitation “consists of a para-aramid fiber in an amount of 97 wt% or more based on a total weight of fibers constituting the nonwoven fabric layer.” It is unclear what component(s) are included in and excluded from the scope of the claim by the transitional phrase “consists of” in this limitation
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 (i.e., changing from AIA to pre-AIA ) 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, 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(s) 1-9, 11-14, 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 2012/0102632 A1) in view of Selwyn et al. (US 2020/0060366 A1).
Regarding claim 1, Zhu teaches a garment having an arc resistant multilayer fabric laminate comprising a first layer of a woven flame-resistant fabric forming an outer surface of the garment and comprising a first fire-resistant fiber made from a synthetic polymer comprising a halogen, and a second layer of a woven flame-resistant fabric comprising a second fire-resistant fiber made from a synthetic polymer, wherein the fabrics in the first and second layers are different and the first layer is positioned in the garment to be closer the electrical arc potential environment than the second layer (Abstract). The yarns can be staple fiber yarns ([0022]). Staple fiber yarns can be produced by yarn spinning techniques ([0022]).
In environments where additional thermal protection is desired, 1 to 4 layers of a thin flame-resistant insulating fabric can be sandwiched between the first and second flame-resistant fabric and become part of the multilayer fabric laminate ([0032]). Such nonwoven insulating fabrics can include lightweight (0.5 to 3.0 oz/yd2) needlepunched, hydroentangled, or otherwise consolidated nonwoven fabrics formed from carded, air-laid, or wet-laid cut fiber webs ([0032]). A suitable flame-resistant fabric is Nomex® E89, a spunlaced nonwoven material produced from a blend of meta-aramid and para-aramid staple fibers and available from E. I. du Pont de Nemours & Company of Wilimington, Del. ([0032]).
In some embodiments, the first flame resistant fabric contains a blend of yarns, or the yarns contain a blend of fibers, comprising modacrylic fiber, meta-aramid fiber, and para-aramid fiber; and optionally small portions of antistatic fiber ([0024]). One embodiment of this yarn blend or fiber blend comprises 20 to 70 weight percent modacrylic fiber, 11 to 64 weight percent meta-aramid fiber, 5 to 15 weight percent para-aramid fiber, and optionally 0.5 to 4 weight percent antistatic fiber ([0024]). If desired, FR rayon, cotton, or wool may be substituted for portions of the modacrylic fiber as long as at least 20 percent of a halogen-containing fiber remains in the first flame resistant fabric ([0024]). Generally this means these substituted fibers can be present in an amount of up to about 50% of the blend if desired ([0024]). In some embodiments, the second flame resistant fabric contains a blend of yarns, or the yarns contain a blend of fibers, comprising meta-aramid fiber and para-aramid fiber; and optionally, small portions of antistatic fiber ([0027]). One embodiment of this yarn blend or fiber blend, comprises 70 to 93 weight percent meta-aramid fiber and 7 to 30 weight percent para-aramid fiber ([0027]). The yarn blend or fiber blend can also contain 0.5 to 3 weight percent antistatic fiber ([0027]).
If desired, the relative amounts of the first and second fire-resistant fibers and antistatic fiber can vary in the respective warp and fill yarns as long as the compositions of both yarns falls within the previously described ranges ([0030]; also [0023], [0026] and [0035]). The examiner notes that varying the compositions of the yarns in the warp and fill directions would result in the warp yarn and the filling yarn having a different thermal shrinkage rate from each other, as claimed.
Zhu does not explicitly disclose wherein the second flame resistant fabric (the claimed inner layer) comprises a flame retardant cellulose fiber.
However, Zhu teaches that the first layer is positioned in the garment to be closer the electrical arc potential environment than the second layer (Abstract). The first woven flame-resistant fabric forms an outer surface of the multilayer fabric laminate ([0062]). In some embodiments, the second woven flame-resistant fabric forms the opposing outer surface of the multilayer fabric laminate ([0062]). Zhu also teaches that FR rayon has a high moisture regain, which provides a comfort component to fabrics ([0048]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have included FR rayon in the yarns in the second flame resistant fabric of Zhu in order to increase comfort of this fabric when the fabric forms an outer surface and will be an interior lining closest to the wearer.
Zhu does not explicitly disclose wherein the non-woven layer has a plurality of embossed dots or a plurality of embossed stripes.
However, Selwyn teaches textured fabrics that have raised projections separated by depressed areas (Abstract). A preferred type of fabric is a fibrous textile or nonwoven, a substrate that is made up of or includes fibers of at least one type ([0044]). The fabric may be constructed of, for example, of fibers that are woven, knitted, entangled, knotted, felted, glued or otherwise formed into a fabric, or other textile having an air permeability as described above ([0046]). In embodiments, the fabric is passed between nip rollers, with one or both of the rollers being an embossed roller having a textured surface that imparts the desired three-dimensional surface to the fabric ([0114]). As shown in FIG. 3, raised projections 2 take the form of truncated pyramids having a square base and therefore 4 sides (embossed dots) ([0030]). FIG. 5 illustrates an embodiment in which the raised projections form ridges (embossed stripes) ([0043]). The textured fabric is useful as an exterior shell of protective clothing, such as may be worn by workers who are at risk of exposure to sprayed liquids ([0141]). This may include, for example, protective outerwear for fire fighters, medical personnel, sewage workers, pipeline workers, kitchen workers and other industrial workers who might be exposed to sprays ([0141]). In any of the foregoing uses, the textured fabric may form one or more layers of a multilayer fabric ([0143]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have embossed the non-woven layer and/or the woven layers of Zhu in view of Selwyn with raised projections that take forms such as truncated pyramids or ridges in order to obtain protective apparel that can maintain increased breathability and comfort when exposed to water (e.g., heavy rain or coarse water sprays) (Abstract, [0138]-[0143]).
Regarding claim 2, Selwyn teaches that the raised projections have a pitch of at least 0.25 mm ([0026]). The pitch may be at least 0.5 mm, at least 0.67 mm or at least 1 mm and may be, for example, up to 10 mm, up 5 mm or up to 3.16 mm ([0026]). In embodiments in which the raised projections have a low aspect ratio (especially an aspect ratio of 1), the number of raised projections may be at least 1.2/cm2 (at least 12,000/m2, as calculated by the examiner) at least 4/cm2, or at least 10/cm2, and may be up to 1600/cm2, up to 400/cm2, up to 225/cm2 or up to 100/cm2 (or up to 1000000/m2, as calculated by the examiner) ([0027]). Raised projections such as raised projections 2 may have a height of at least 0.3, at least 0.5, at least 1 or at least 2 mm, and may have heights up to 8 mm, up to 6.5 mm, up to 5 mm, up to 4.5 mm, up to 4 mm or up to 3.5 mm ([0028]). The examiner notes that for projections having an aspect ratio (a length-to-width ratio) of 1, such as a square, the length (and width) of each projection would be less than the pitch (the center-to-center distance between a raised projection and the nearest adjacent raised projection) ([0025]-[0026], [0030] and [0033]). Therefore, the length (l) of one side of the raised projections would be no more than 10 mm, no more than 5 mm or no more than 3.16 mm.
Regarding claim 3, Zhu teaches that FIG. 5 illustrates an embodiment in which the raised projections form ridges ([0043]). Raised projections 2, 2' and 2" all form ridges that traverse the length of textured fabric 1 ([0043]). In some embodiments, the raised projections have aspect ratios in excess of 5 and may have lengths that are coterminous with the edges of the fabric, i.e., they span the fabric ([0042]). Such high aspect ratio raised projections take the form of "ridges" in the textured fabric ([0042]). Such high aspect ratio raised projections have pitches and heights “as described above” ([0042]). In paragraph [0028], Selwyn teaches that the raised projections have a pitch of at least 0.25 mm ([0026]). The pitch may be at least 0.5 mm, at least 0.67 mm or at least 1 mm and may be, for example, up to 10 mm, up 5 mm or up to 3.16 mm ([0026]). Raised projections such as raised projections 2 may have a height of at least 0.3, at least 0.5, at least 1 or at least 2 mm, and may have heights up to 8 mm, up to 6.5 mm, up to 5 mm, up to 4.5 mm, up to 4 mm or up to 3.5 mm ([0028]). The examiner notes that the width of the raised projections (the ridges) would be less than the pitch (the center-to-center distance between a raised projection and the nearest adjacent raised projection) ([0026] and [0043]). Therefore, the width of the raised projections (the ridges) would be no more than 10 mm, no more than 5 mm or no more than 3.16 mm. As a result, the ridge density would also overlap with the claimed stripe density range. For instance, as estimated by the examiner for ridges that span the length of a fabric (e.g., ridges that are one meter or more in length in one direction of a fabric), a pitch of 3 mm and a ridge width of 2 mm in the other direction of the fabric would result in about 1000mm/2.5mm = 400 ridges per square meter of the fabric.
Regarding claims 4-7 and 11, Zhu teaches that nonwoven insulating fabrics can include lightweight (0.5 to 3.0 oz/yd2) needlepunched, hydroentangled, or otherwise consolidated nonwoven fabrics formed from carded, air-laid, or wet-laid cut fiber webs ([0032]). A suitable flame-resistant fabric is Nomex® E89, a spunlaced nonwoven material produced from a blend of meta-aramid and para-aramid staple fibers and available from E. I. du Pont de Nemours & Company of Wilimington, Del. E89 fabric has a nominal thickness of 19 mil (0.48 mm) and a basis weight of 1.5 oz/yd2 (50.5 g/m2) ([0032]). Zhu also refers to this fabric as Nomex®/Kevlar® spunlaced fabric known as E-89 ([0032]). The examiner notes that this meets the limitations of claim 11. Selwyn teaches that the fabric includes fibers that may be, for example, a natural fiber such as cotton, hemp, wool, linen, silk, tencel, rayon, leather, bamboo, cellulose and the like, or a synthetic fiber such as polyamide, para- or meta-aramid, polypropylene, polyester (including PET), polyacetate, polyacrylic, polylactic acid, cellulose ester or other fiber, and blends of any two or more of the above ([0046]).
Regarding claim 8, Zhu teaches that one preferred embodiment is a twill weave; however, plain or satin weaves made be used ([0022]).
Regarding claim 9, Zhu teaches that the yarns can be staple fiber yarns ([0022]).
Regarding claims 12-14, Zhu teaches that a useful FR rayon fiber is available from Daiwabo Rayon Co., Ltd., of Japan under the name DFG "Flame-resistant viscose rayon" ([0049]). Another useful FR rayon fiber is available from Lenzing AG under the name of Viscose FR (also known as Lenzing FR® available from Lenzing Fibers of Austria) ([0049]).
Regarding claim 16, Zhu teaches that, in some embodiments, the first flame resistant fabric layer has a basis weight of about 5 to 9 ounces per square yard (170 gsm to 305 gsm, as calculated by the examiner) and the second flame-resistant fabric layer has a basis weight of about 4 to 8 ounces per square yard (136 gsm to 271 gsm, as calculated by the examiner) ([0019]). The nonwoven insulating fabrics can include lightweight (0.5 to 3.0 oz/yd2) (17 gsm to 102 gsm, as calculated by the examiner) needlepunched, hydroentangled, or otherwise consolidated nonwoven fabrics formed from carded, air-laid, or wet-laid cut fiber webs ([0032]). In some preferred embodiments the total basis weight of the multilayer fabric laminate is 11 to 20 ounces per square yard (373 gsm to 678 gsm, as calculated by the examiner) ([0033]).
Regarding claim 17, in an embodiment, Zhu teaches an example in which 38, 30 and 28 cotton count yarns are used ([0072] and [0074]-[0075]).
Regarding claim 18, Zhu teaches that staple fiber yarns can be produced by yarn spinning techniques such as, but not limited to ring spinning, core spinning, and air jet spinning; including air spinning techniques such as Murata air jet spinning where air is used to twist staple fibers into a yarn ([0022]). In addition, with respect to the claimed product-by-process limitations, the product being claimed appears to be the same as or obvious over the prior art product, in which case differences in process are not considered to impart patentability. Thus, the burden is shifted to Applicant to show that any differences in process would result in an unobvious difference between the claimed product and the prior art product.
Regarding claim 20, Zhu teaches protective garments (Abstract and [0015]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 2012/0102632 A1) in view of Selwyn et al. (US 2020/0060366 A1), as applied to claim 1 above, further in view of Zhu ‘582 (US 9,169,582 B2).
Regarding claim 10, Zhu in view of Selwyn remains as applied above.
As applied above, Zhu teaches that, in some embodiments, the first flame resistant fabric (an outer layer as claimed) contains a blend of yarns, or the yarns contain a blend of fibers, comprising modacrylic fiber, meta-aramid fiber, and para-aramid fiber; and optionally small portions of antistatic fiber ([0024]). One embodiment of this yarn blend or fiber blend comprises 20 to 70 weight percent modacrylic fiber, 11 to 64 weight percent meta-aramid fiber, 5 to 15 weight percent para-aramid fiber, and optionally 0.5 to 4 weight percent antistatic fiber ([0024]). If desired, FR rayon, cotton, or wool may be substituted for portions of the modacrylic fiber as long as at least 20 percent of a halogen-containing fiber remains in the first flame resistant fabric ([0024]). Generally this means these substituted fibers can be present in an amount of up to about 50% of the blend if desired ([0024]). Therefore, the weight ratio of aramid fiber: flame retardant cellulose fiber: antistatic fiber in this layer would overlap with the claimed weight ratio of 45 to 70 : 30 to 70 : 1 to 5.
Zhu further teaches that the first woven flame-resistant fabric forms an outer surface of the multilayer fabric laminate ([0062]). In some embodiments, the second woven flame-resistant fabric forms the opposing outer surface of the multilayer fabric laminate; however, in some other embodiments the opposing outer surface of the multilayer fabric laminate can be another fabric ([0062]). For example, the opposing outer surface can be a soft fabric that will ultimately be the interior lining of the protective garment, because this multilayer fabric laminate surface will be the interior of the garment and closer to the wearer ([0062]).
Zhu in view of Selwyn does not explicitly disclose wherein, in the inner layer, a weight ratio of the aramid fiber : the flame retardant cellulose fiber : the antistatic fiber is 45 to 70 : 30 to 70 : 1 to 5.
However, Zhu ‘582 teaches a yarn having high moisture regain for use in arc and flame protection and fabrics and garments containing the yarn (Abstract). The yarn has a blend of fibers which includes 10 to 40 weight percent meta-aramid fiber having a degree of crystallinity of at least 20%, 20 to 60 weight percent modacrylic fiber, 15 to 45 weight percent FR rayon fiber, and (d) 5 to 20 weight percent para-aramid fiber; based on the total weight of these components (Abstract). If desired, 1 to 3 weight percent of the para-aramid fiber in the yarn can be replaced with an antistatic fiber as long as at least 5 weight percent para-aramid fiber is present (Abstract). The blended yarn is useful for the production of fabrics that possess the combination of improved comfort, due to its high moisture regain, and superior arc protection (col. 1, lines 8-12).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the warp and weft yarns in the inner layer of Zhu in view of Selwyn with yarns comprising 0 to 40 weight percent meta-aramid fiber having a degree of crystallinity of at least 20%, 20 to 60 weight percent modacrylic fiber, 15 to 45 weight percent FR rayon fiber, and 5 to 20 weight percent para-aramid fiber, with 1 to 3 weight percent of the para-aramid fiber replaced with an antistatic fiber, as long as at least 5 weight percent para-aramid fiber is present, in order to provide, as a layer closest to a wearer in a garment, a fabric that possesses a combination of improved comfort and superior arc protection (see Abstract col. 1, lines 8-12 of Zhu ‘582).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 2012/0102632 A1) in view of Selwyn et al. (US 2020/0060366 A1), as applied to claim 1 above, further in view of Johnson et al. (US Patent No. 5,238,464).
Regarding claim 12-14, Zhu in view of Selwyn remains as applied above, teaching the claimed limitations.
In the alternative, Johnson teaches treating textile fabrics to impart flame resistance (col. 1, lines 16-19). In particular, cellulosic fabrics are treated with tetrakis(hydroxymethyl) phosphonium salts to impart flame resistance (same paragraph). The process includes the separate and consecutive application of two known, chemically related phosphorus-containing flame retardants to the fabric (col. 2 lines 22-32). The first is a tetrakis(hydroxymethyl) phosphonium salt/urea precondensate ammoniated to crosslink, condense and fix, then oxidized, forming an insoluble polymer within the fiber structure (same paragraph). Next a tetrakis(hydroxymethyl) phosphonium salt, followed by heating and oxidization, is used to fix sufficient phosphorus to the cellulosic fabric to impart a predetermined minimum flame resistance (same paragraph).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have treated the rayon fibers of Zhu in view of Selwyn with an ammoniated and oxidized tetrakis(hydroxymethyl) phosphonium salt/urea precondensate because Johnson teaches that this is a known flame retardant that can be used to provide cellulosic fibers with flame resistance that is durable to multiple launderings, even in hard water (col. 2, lines 21-43).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 2012/0102632 A1) in view of Selwyn et al. (US 2020/0060366 A1), as applied to claim 1 above, further in view of Lapierre (US 2005/0130533 A1).
Regarding claim 15, Zhu in view of Selwyn remains as applied above.
Zhu in view of Selwyn does not explicitly disclose wherein the flame retardant cellulose fiber has a fineness of 1.50 denier to 1.55 denier and a fiber length of 48 mm to 52 mm, the aramid fiber has a fineness of 1.48 denier to 1.52 denier and a fiber length of 48 mm to 52 mm, and the antistatic fiber has a fineness of 1.70 denier to 2.70 denier and a fiber length of 48 mm to 52 mm.
However, Lapierre teaches a woven product exhibiting arc protection (Abstract). The yarns employed utilize most typically a fibrous component in the form of finite length staple fibers, though continuous filaments could be used in part or whole, which are combined by suitable spinning means including, but not limited to, ring spinning and air-jet spinning ([0013]). The staple fibers used have a linear density suitable for wearing apparel, wherein said density is less than 9 denier, preferably less than 4 denier, and most preferably less than 2.5 denier ([0013]). The staple fiber lengths can be in the range of about 0.5 to 3.5 inches (12.7 to 88.9 mm, as calculated by the examiner), with the range of 1.0 to 2.0 inches (25.4 to 50.8 mm, as calculated by the examiner) being preferred ([0013]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the staple fibers in the yarns of Zhu in view of Selwyn with a linear density of less than 4 or less than 2.5 denier, and with staple fiber lengths in the range of about 0.5 to 3.5 inches (12.7 to 88.9 mm) or in the range of 1.0 to 2.0 inches (25.4 to 50.8 mm), because Lapierre teaches that such staple fibers are suitable for use in yarns in wearing apparel and in woven products exhibiting arc protection (Abstract and [0013]).
Allowable Subject Matter
Claim 19 is allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2022/0372671 A1 (Dufty) teaches flame resistant fabrics formed with a combination of body yarns and stretch yarn, wherein the body yarns may comprise aramid fibers, cellulosic fibers that can be treated to be flame resistant, and anti-static fibers in different amounts in the warp and fill directions (Abstract, [0033], [0035], and [0037]-[0041]).
US 8,133,584 B2 (Zhu ‘584) teaches a yarn, fabric, and garment suitable for use in arc and flame protection and comprising aramid fiber, flame-retardant rayon fiber and anti-static fiber in the claimed ratios, the relative amounts of which may vary in the yarns (Abstract and col. 7, lines 34-42).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Worrell whose telephone number is (571)270-7728. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 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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/Kevin Worrell/Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789