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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/23/2025 is acknowledged. The submission is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 18 is objected to because of the following informalities:
In claim 18, “wherein creating underarm seams between the first and second shoulder web panels using a first bonding unit to form shoulder web pieces involves creating the underarm seams by ultrasonic bonding” is read as “wherein creating the underarm seams between the first and second shoulder web panels using the first bonding unit to form the shoulder web pieces involves creating the underarm seams by ultrasonic bonding”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a first folding unit”, “a bonding unit” in claim 1, “a second bonding unit”, “a cutting unit” in claim 2, “a cutting unit” in claim 6, “a second folding unit” in claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The factual inquiries 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 1-2, 5-7 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hrubecky (US 3639915).
Regarding claim 1, Hrubecky teaches an apparatus for manufacturing multi-piece closed-back isolation garments (figs. 7 right end and left end), the apparatus comprising:
a die unit (fig. 7 left end, a cutter 76) configured to cut neck openings in a continuous shoulder web (fig. 1, section 12) having a first edge and a second edge opposite the first edge (fig. 1);
a first adhesive applicator (fig. 7 right end, roll 68 for deposition of an adhesive strip 26) configured to apply a first adhesive strip (fig. 7, strip 26) on the continuous shoulder web adjacent to the first edge of the continuous shoulder web (fig. 2);
a transfer unit (fig. 7 right end, transfer belts 62, 61) configured to transfer torso web pieces having a substantially tubular shape (fig. 2, torso section 11 is folded into a substantially tubular shape) onto each first adhesive strip such that a first edge of the torso web pieces is overlapping the first edge of the continuous shoulder web (fig. 2);
a second adhesive applicator (fig. 7 right end, roll 70 applies an additional adhesive 32 to the torso panels 20, 21) configured to apply a plurality of second adhesive strips (column 5, lines 47-50, fig. 7 right ends shows the roll 70 applies two strips 32 on the torso web piece ) on each torso web piece adjacent to the first edge of each torso web piece;
a first folding unit (fig. 7 right end, folding iron 71) configured to fold the continuous shoulder web such that the second edge of the continuous shoulder web overlaps each second adhesive strip to form first shoulder web panels and second shoulder web panels overlapping each other in the continuous shoulder web (figs. 2-3 and 7 right end); and
a bonding unit (fig. 7 right end, column 5, lines 59-61, between the first folding iron 71 and a second folding iron 72, the partially assembled garment is passed under a series of radiant heating lamps to dry the adhesive seams) configured to create underarm seams between first shoulder web panels and second shoulder web panels overlapping each other in the continuous shoulder web to form shoulder web pieces (fig. 2).
Hrubecky does not explicitly teach the first applicator configured to apply a plurality of first adhesive strips.
However, Hrubecky teaches the roll 70 is configured to apply a plurality of adhesive strips with a skip in the middle of the plurality of adhesive strips (column 5, lines 47-50).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the first applicator (68) of Hrubecky configured to apply a plurality of first adhesive strips instead of a continuous strip as the same as the second applicator (70) for the benefit of saving adhesive material in manufacturing the disposable garment. It is noted that applying a plurality of adhesive strips by an applicator instead of applying a continuous strip is obvious and not patentable. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Regarding claim 2, Hrubecky teaches a second folding unit (fig. 7 right end, folding unit 54) configured to fold a continuous torso web having a first edge and a second edge opposite the first edge such that the first and second edges of the continuous torso web overlap each other (fig. 2, the first edge and second edge of the torso web 11 overlap at the line 31); and a cutting unit (fig. 7 right end, cutter 60) configured to cut the torso web pieces from the folded continuous torso web.
Regarding claim 5, Hrubecky teaches the transfer unit is configured to re-pitch the torso web pieces while transferring the torso web pieces (fig. 7 right end, nip rolls 58, 59 stops momentarily during the cutting strokes while the nip rolls 51,52, 54, 55 are driven at a constant speed).
Regarding claim 6, Hrubecky teaches a cutting unit (fig. 7 left end, cutter roll 89) configured to cut discrete multi-piece closed back isolation garments from the continuous shoulder web.
Regarding claim 7, Hrubecky teaches a second folding unit (fig. 7 right end, folding unit 54) configured to bi-fold (fig. 7 right end, folding unit 54 configured to bi-fold the torso web pieces), tri-fold, or quad-fold each torso web piece before it reaches the transfer unit.
Regarding claim 9, Hrubecky teaches a method of manufacturing multi-piece closed-back isolation garments (figs. 7 right end and left end), the method comprising:
cutting neck openings in a continuous shoulder web (figs. 3-4, section 12) having a first edge and a second edge opposite the first edge with a first die unit (fig. 7 left end, a neck opening 33 is cut by a cutter 76 and perforated by a perforator 66);
applying a first adhesive strip (fig. 2, adhesive strip 26) on the continuous shoulder web adjacent to the first edge of the continuous shoulder web with an adhesive applicator (fig. 7 right end, roll 68 for deposition of an adhesive strip 26);
transferring, with a transfer unit (fig. 7 right end, transfer belts 62, 61), a torso web piece having a substantially tubular shape (fig. 2, torso section 11 is folded into a substantially tubular shape) onto each first adhesive strip (fig. 2) such that a first edge of the torso web piece is overlapping the first edge of the continuous shoulder web (fig. 2);
applying a plurality of second adhesive strips (column 5, lines 47-50, fig. 7 right ends shows the roll 70 applies two strips 32 on the torso web piece ) on each torso web piece adjacent to the first edge of each torso web piece;
folding the continuous shoulder web with a folding unit (fig. 7 right end, folding iron 71) such that the second edge of the continuous shoulder web overlaps each second adhesive strip to form first shoulder web panels and second shoulder web panels overlapping each other in the continuous shoulder web (figs. 2-3 and 7 right end); and
creating underarm seams between the first and second shoulder web panels using a bonding unit to form shoulder web pieces (fig. 7 right end, column 5, lines 59-61, between the first folding iron 71 and a second folding iron 72, the partially assembled garment is passed under a series of radiant heating lamps to dry the adhesive seams).
Hrubecky does not explicitly teach applying a plurality of first adhesive strips the adhesive applicator.
However, Hrubecky teaches the roll 70 is configured to apply a plurality of adhesive strips with a skip in the middle of the plurality of adhesive strips (column 5, lines 47-50).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the first applicator (68) of Hrubecky with applying a plurality of first adhesive strips instead of a continuous strip as the second applicator (70) of Hrubecky for the benefit of saving adhesive material in manufacturing the disposable garment. It is noted that applying a plurality of adhesive strips by an applicator instead of applying a continuous strip is obvious and not patentable. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Regarding claim 10, Hrubecky teaches cutting the continuous shoulder web into discrete shoulder web pieces with a cutting unit (fig. 7 left end, cutter roll 89) to form multi-piece closed back isolation garments each comprising one of the shoulder web pieces and one of the torso web pieces.
Regarding claim 11, Hrubecky teaches forming each torso web piece by:
folding , with a folding unit (fig. 7 right end, folding unit 54), a continuous torso web having a first edge and a second edge opposite the first edge such that the first and second edges of the continuous torso web overlap each other (fig. 2, the first edge and second edge of the torso web 11 overlap at the line 31); and
cutting, with a cutting unit (fig. 7 right end, cutter 60) , the torso web pieces from the folded continuous torso web.
Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hrubecky (US 3639915), as applied to claims 2 and 11 above, and further in view of Roberts (US 4837860).
Regarding claim 3, Hrubecky teaches a perforation unit (fig. 7 right end, a perforator 66) configured to create at least one perforation line.
Hrubecky does not teach the perforation unit configured to create at least one perforation line in the continuous torso web to define at least one integrated tie strap before the folding unit folds the continuous torso web.
However, in the same field of endeavor, Roberts teaches at least one perforation line in the torso web piece that defines at least one integrated continuous tie strap (fig. 5, column 2, lines 42-45, strips 6 can be torn away along lines 7 of the lower body portion to make a tie); the straps are at the edges of the torso web piece (fig. 5).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to add a perforation unit to the assembly of Hrubecky to create at least one perforation line the continuous torso web before the folding unit folds the continuous torso web such that after the cutting unit cuts the torso web pieces from the folded continuous torso web, each torso web piece comprises an integrated tie strap as suggested by Roberts for the benefit of manufacturing a light-weight readily disposable low cost protective garment (Roberts, column 2, lines 6-68).
Regarding claim 12, Hrubecky teaches cutting at least one perforation line with a perforation unit (fig. 7 right end, a perforator 66).
Hrubecky does not teach cutting at least one perforation line in the continuous torso web to define at least one integrated continuous tie strap.
However, in the same field of endeavor, Roberts teaches at least one perforation line in the torso web piece that defines at least one integrated continuous tie strap (fig. 5, column 2, lines 42-45, strips 6 can be torn away along lines 7 of the lower body portion to make a tie); the straps are at the edges of the torso web piece (fig. 5).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to add a perforation unit to the assembly of Hrubecky to create at least one perforation line the continuous torso web before the folding unit folds the continuous torso web as suggested by Roberts for the benefit of manufacturing a light-weight readily disposable low cost protective garment (Roberts, column 2, lines 6-68).
Then in combination, the modified method Hrubecky-Roberts teaches upon cutting the discrete torso web pieces from the folded continuous torso web, each discrete torso web piece includes at least one integrated tie strap.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hrubecky (US 3639915), as applied to claims 1 and 9 above, and further in view of Schneider (US 2021/0128366).
Regarding claim 4, Hrubecky teaches a tape (fig. 4, tape 35) is applied over a neck opening.
Hrubecky does not teach the tape is provided by a stretch patch unit as in claim 4.
However, in the same field of endeavor, Schneider teaches a stretch patch unit comprising:
at least one adhesive applicator (fig. 2, adhesive applicator 302) configured to apply an adhesive to at least one continuous stretch patch web (fig. 2, elastic substrate 200a);
at least one slip cut unit comprising a vacuum anvil (fig. 2, para. [0106], vacuum anvil 308) and a knife roll (fig. 2, knife roll 306), the at least one slip cut unit configured to:
receive the continuous stretch patch web with adhesive applied on the vacuum anvil (para. [0106]);
cut the continuous stretch pat web into discrete stretch patches on vacuum anvil with the knife roll (para. [0105]); and
apply the discrete stretch patches over the openings on the continuous web (para. [0098], the elastic parts 200 are configured as waistbands) with the vacuum anvil; and
at least one die unit (fig. 12D, para. [0134], a final knife cut operation) configured to cut openings in the discrete stretch patches within the openings on the continuous web (fig. 12D, para. [0134], the final cut makes openings at patches 200, which are configured to be waistbands).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Hrubecky with a stretch patch unit for making the tape at the neck opening as suggested by Schneider for the benefit of providing elastic parts at the neck opening to hold the garment in a closely fitting position around the wearer’s neck.
Regarding claim 14, Hrubecky teaches a tape (fig. 4, tape 35) is applied over a neck opening.
Hrubecky does not teach the tape is a neck stretch patch; the tape is applied by a first slip cut unit and cutting an opening in the neck stretch patch with a second die unit.
However, Schneider teaches applying a stretch patch over the opening (para. [0098], the elastic parts 200 are configured as waistbands) in the continuous web with a slit cut unit; (fig. 2, para. [0106], vacuum anvil 308) and cutting an opening in the stretch patch (fig. 12D, para. [0134], the final cut makes openings at patches 200, which are configured to be waistbands) with a die unit (fig. 12D, para. [0134], a final knife cut operation).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Hrubecky with a stretch patch unit for making the tape at the neck opening as suggested by Schneider for the benefit of providing elastic parts at the neck opening to hold the garment in a closely fitting position around the wearer’s neck.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hrubecky (US 3639915), as applied to claim 1 above, and further in view of Hagelqvist (US 2023/0404197).
Regarding claim 8, Hrubecky teaches a perforator (fig. 7 right end, perforator 66) configured to cut a perforation lines (fig. 2, perforation line 30) in the continuous shoulder web, each perforation line extending from one of the neck openings to the second edge of the second continuous shoulder web (fig. 2).
Hrubecky does not teach the die unit is a perforator.
However, in the same field of endeavor, Hagelqvist teaches the neck cutting unit is also a perforator (para. [0049]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Hrubecky with the teaching that the neck cutting unit is further configured to cut perforation lines as suggested by Hagelqvist for the benefit of allowing for a more efficient manufacturing and reduced manufacturing costs (Hagelqvist, para. [0003]).
Claims 13 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hrubecky (US 3639915), as applied to claims 1, 9 and 11 above, and further in view of Dillon (US 5025501).
Regarding claim 13, Hrubecky teaches a belt (fig. 5, belt 39) is attached to the torso panel (19).
Hrubecky does not teach slitting at least one continuous tie strap from the continuous torso web with a slitting unit before folding the continuous torso web as in claim 13.
However, in the same field of endeavor, Dillon teaches cutting straight lines in the blank (fig. 3), the cutting includes slender members 92a, 92b (fig. 3); one of the first slender members 92a is attached to the outer surface of the second front panel (48) at segment 85 and the other of the first slender members 92b is attached to the exterior surface of the rear panel 26 as segment 87 after folding the continuous torso web; the attachment includes glueing method (column 7, lines 22-24).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Hrubecky with the method of making tie strap from cutting from the torso panel as taught by Dillon for the benefit of providing for reduced waste of the fabric as material cut-off from the original blank is subsequently used as component parts of the garment (Dillon, column 2, lines 51-55).
In combination, the modified method Hrubecky-Dillon teaches upon cutting the discrete torso web pieces from the folded continuous torso web, each discrete torso web piece includes at least one tie strap.
Regarding claim 16, Hrubecky does not teach the bonding unit is an ultrasonic bonding unit.
However, Dillon teaches the bonding unit is an ultrasonic bonding unit (abstract, column 4, lines 32-43).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Hrubecky with an ultrasonic bonding unit to attach the front and rear members of the sleeves as taught by Dillon for the benefit of providing a strong, clean joining method at the underarm seams.
Regarding claim 17, Hrubecky does not teach the underarm seams are oblique to a machine direction of the apparatus.
However, Dillon teaches the underarm seams are oblique to a length direction of the shoulder web (fig. 3).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Hrubecky with the underarm seams oblique to the machine direction of the apparatus as suggested by Dillon for the benefit of providing comfort the user as the sleeve shape with oblique underarm seams conforms to and follows the user’s arm features.
Regarding claim 18, Hrubecky does not teach the first bonding unit is an ultrasonic bonding unit; and wherein creating underarm seams between the first and second shoulder web panels using a first bonding unit to form shoulder web pieces involves creating the underarm seams by ultrasonic bonding.
However, Dillon teaches the underarm seams between the first and second shoulder web panels are formed by ultrasonic bonding or glued (figs. 3-8, column 4, lines 32-43).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Hrubecky with the fact that first bonding unit is an ultrasonic bonding unit; and wherein creating underarm seams between the first and second shoulder web panels using a first bonding unit to form shoulder web pieces involves creating the underarm seams by ultrasonic bonding as suggested by Dillon for the benefit of providing a strong, clean joining method between the front and rear members of the sleeves to form the underarm seams .
Regarding claim 19, Hrubecky does not teach the underarm seams are oblique to the plurality of first adhesive strips and the plurality of second adhesive strips.
However, Dillon teaches the underarm seams are oblique to a length direction of the shoulder web (fig. 3). In combination, the modified structure Hrubecky-Dillon teaches the underarm seams are oblique to the plurality of first adhesive strips and the plurality of second adhesive strips which are adjacent the upper edge of the torso web.
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Hrubecky with the underarm seams oblique to a length direction of the shoulder web as suggested by Dillon for the benefit of providing comfort the user as the sleeve shape with oblique underarm seams conforms to and follows the user’s arm features.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hrubecky (US 3639915) and Schneider (US 2021/0128366), as applied to claim 14 above, and further in view of Hagelqvist (US 2023/0404197).
Regarding claim 15, the modified method Hrubecky-Schneider teaches a tape (fig. 4, tapes 36, 38) is applied over wrist openings.
The modified method Hrubecky-Schneider does not teach the wrist tape is a wrist stretch patch using the first slip cut unit or a second slip cut unit and cutting an opening in each wrist stretch patch using a third die unit.
However, Schneider teaches applying a stretch patch over the opening (para. [0098], the elastic parts 200 are configured as waistbands) in the continuous web with a slit cut unit; (fig. 2, para. [0106], vacuum anvil 308) and cutting an opening in the stretch patch (fig. 12D, para. [0134], the final cut makes openings at patches 200, which are configured to be waistbands) with a die unit (fig. 12D, para. [0134], a final knife cut operation).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified method Hrubecky-Schneider with a stretch patch unit for making the tape at the wrist opening as suggested by Schneider for the benefit of providing elastic parts at the wrist opening to secure the garment in a closely fitting position around the wearer’s wrist.
The modified method Hrubecky-Schneider teaches cutting wrist openings in the continuous shoulder web (Hrubecky, fig. 1, by cutting along lines 24, 25).
The modified method Hrubecky-Schneider does not clearly teach cutting wrist openings using the first die unit.
However, in the same field of endeavor, Hagelqvist teaches the cutting tool can cut the neck openings as well as the outline of the garment (para. [0049]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified method Hrubecky-Schneider with the teaching that the cutting wrist openings using the first die unit as suggested by Hagelqvist for the benefit of allowing for a more efficient manufacturing and reduced manufacturing costs (Hagelqvist, para. [0003]).
Response to Arguments
Applicant’s arguments, dated 10/14/2025, with respect to the rejection of claims under 35 U.S.C 112 (b) have been fully considered and are persuasive. The rejection to the claims has been withdrawn due to the applicant amendments.
Applicant’s arguments, dated 10/14/2025, with respect to the rejection of claims under 35 U.S.C 112 (f) have been fully considered but the arguments are not persuasive.
Although the application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. See MPEP 2181. I.
Applicant’s arguments, dated 10/14/2025, with respect to the rejections of claims under 35 U.S.C 102 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
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/UYEN T NGUYEN/ Examiner, Art Unit 3732