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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/23/2026 has been entered.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “wherein the first aperture is blocked by the second layer in a first configuration and is unobstructed by the first layer, the second layer, and a plurality of ribs in a second configuration, in claim 25, lines 4-5”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 25-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
“Wherein the first aperture is blocked by the second layer in a first configuration and is unobstructed by the first layer, the second layer, and a plurality of ribs in a second configuration, in claim 25, lines 4-5.”
The examiner respectfully requests the applicant to point out where in the specification support can be found for the limitation in question above.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 25-30 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 25, recites “Wherein the first aperture is blocked by the second layer in a first configuration and is unobstructed by the first layer, the second layer, and a plurality of ribs in a second configuration, in claim 25, lines 4-5”, renders the claim indefinite because it is unclear what structure applicant is referring too with regard to the term “unobstructed”. Moreover, this language appears to be purely functional and therefore the scope is not understood. The claimed limitation is interpreted to “Wherein the first aperture is blocked by the second layer in a first configuration”.
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) 25-29 are rejected under 35 U.S.C. 103 as being unpatentable over Morgan (2019/0075868).
Regarding claim 25, Morgan discloses a textile article (fig.10/11) comprising: a panel comprised of a dynamic material (structure material of layer system 100, fig.1A), wherein the dynamic material includes a first layer (310, fig.3) defining a first aperture (316) and a second layer (312), wherein the first aperture is blocked by the second layer (312) in a first configuration (fig.1,4 shows the aperture 316 is blocked by layer 312), and a plurality of ribs (118, fig.1A) in a second configuration (fig.5), wherein the dynamic material is configured to transition from the first configuration (fig.1A, 126) having a first thickness to the second configuration (1B, C) having a second thickness greater (130, 134) than the first thickness in response to an increase in length or width (fig.1(a-C)). But Morgan does not disclose the ribs are rigid or semi-rigid. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to experiment with different rigid or semi-rigid of the ribs in order to achieve an optimal configuration, since discovering an optimum value of a rigid/semi-rigid of the ribs involves only routine skill in the art. Furthermore, Morgan further discloses wherein the increase in the thickness alters at least one of a fit, an insulation, or a ventilation, of the textile article (par [0053] When the third layer of material 214 optionally comprises a reflective deposit on its first surface 213; and causing the reflective first surface 213 to be in a generally planar relationship with a body surface of a wearer when the apparel layer system 200 is incorporated into a garment or apparel item, warming may be provided when the apparel layer system 200 is in the first state; and par [0054] states that the movement of the adjustment mechanism 216 may cause the apparel layer system 200 to transition to the second state shown in FIG. 1B; wherein the transition between the first state to a second state in order to provide air circulation within the panel of the garment structure article).
Regarding claims 26-29, Morgan discloses wherein the dynamic material comprises a plurality of layers coupled by the plurality of ribs, each of the plurality of ribs being configured to fold (fig.1A where the ribs 118 are folded to bring the layer 112 closer to layer 113); wherein the ribs are linearly aligned (fig.1A shows each of the lines 118 is linearly to one another); wherein the ribs are radially aligned (fig.1A shows each of the lines 118 is extending outward from layer 110 to layer 112); wherein at least one of the layers comprises an aperture (316/318 or layer 314 is formed of mesh material to facilitate the flow of air through the layers, par [0058]) to provide the ventilation in connection with the increase in the thickness (fig.1C); wherein the dynamic material comprises a plurality of angled slits such that the dynamic material is configured to behave as an auxetic structure (the angle between fig.1A-1C is increasing see, pare [0039] When the apparel layer system 100 is in a first state, the folds 118 of the third layer of material 114 are folded (i.e., the portions of the folds 118 between their respective apex regions 120 and 122 generally abut, or touch each other, or are positioned adjacent to one another such that the folds 118 generally lie flat). For clarity, the folds 118 in FIG. 1A are not shown touching each other. When folded, the folds 118 of the third layer of material 114 also generally extend in the first planar direction and an angle, θ, formed between, for instance, a fold 118 and the second layer of material 112 (or first layer of material 110) may be less than, for example, 10 degrees. To describe it further, with respect to a particular fold 129, the second apex region 122 of the fold 129 may be described as extending in the positive x-direction, and the first apex region 120 of the fold 129 may be described as extending in the negative x-direction with respect to the Cartesian coordinate system 101).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Aihara (2016/0339594).
Regarding claim 31, Aihara discloses a dynamic material (200, fig.4B) for use in a panel of a textile article (102, par [0047]), wherein the dynamic material includes an angled of curved slit (108, fig.4B), wherein the dynamic material is configured to experience a topographic transformation in a first plane (fig.4A) in response to a external force being applied to the dynamic material in a second plane (fig.4B show the portion of element 108 protruding outward away from the surface 104 of element 102) out of the first plane, and wherein the topographic transformation alters at least one of a fit, an insulation, or a ventilation, of the textile article (8/10). But Aihara does not disclose applying rotational torque to the dynamic material to transform from the first plane to a second plane. However, it would have been obvious matter of design to one of ordinary skill in the art before the effective filling date of the claimed invention to perform as the claimed invention to being applied rotational torque to the dynamic material to transform from the slit of the first plane to the second plane that would involved routine skill in the art of matter design choice.
Allowable Subject Matter
Claims 19-20, 23-24, 37 are allowed.
Claims 30, 32, 34-36 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 25-29 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 06/23/2026 have been fully considered but they are not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Timothy K Trieu/ Primary Examiner, Art Unit 3732
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