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 July 23, 2024, and October 16, 2024, are being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-7, 10, 13, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hines et al. (US 2016/0060809). Hines et al. disclose lightweight, dyeable fabrics with a balance of high thermal properties, especially arc resistance, on the one hand, and durability and comfort properties, on the other hand (0015). The fabrics comprise fiber blends comprising about 30% by weight to about 70% by weight, based on the total weight of said fiber blend, of a plurality of hydrophobic fibers comprising at least one polymer selected from the group consisting of modacrylic fibers (0017), about 15% by weight to about 45% by weight, based on the total weight of said fiber blend, of a plurality of fire-resistant hydrophilic fibers comprising at least one polymer selected from the group consisting of cellulose (0018) and about 5% by weight to about 30% by weight, based on the total weight of the fiber blend, of a plurality of structural fibers comprising at least one polymer selected from the group consisting of aramid, and nylon, and combinations thereof; wherein said aramid is present at a level of greater than about 0% by weight to less than about 10%, by weight, based on the total weight of said fiber blend (0019-0020). The fabric substrate is a hydroentangled nonwoven fabric (0100) (it should be noted that spunlaced fabrics are considered to be hydroentangled fabric). The fabric is incorporated into articles, including garments (especially shirts, pants, and coveralls) and linens, especially those used in environments requiring both arc rating and high visibility (0110) and may be particularly useful in firefighter turnout coats, combat and flight suits (0154).
Claims 1, 4-8, 10-11, 13-14, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2017/0173370 (Underwood et al.). Underwood et al. disclose a fabric that can be made to be fire resistant. The fabric is particularly well suited for being used as an inner lining in protective garments. The fabric contains first yarns and second yarns (abstract). For instance, various protective garments exist that are intended to be fire resistant. Such garments are worn by military personnel, industrial workers, pilots, rescue personnel, and firefighters (0002). Firefighter garments typically include multiple layers of materials. For example, firefighter garments typically include an outer shell attached to an inner lining or face cloth. The firefighter garment may include intermediate layers, such as a moisture barrier layer and/or a thermal barrier layer. Each layer can be made from fire resistant materials, such as fire resistant fibers and yarns (0003). The first yarns contain fire resistant (FR) cellulose fibers in an amount of at least 20% by weight, such as at least about 30% by weight. The second yarns can contain inherently flame resistant fibers. The inherently flame resistant fibers, for instance, may comprise aramid fibers, PBI fibers, PBO fibers, or mixtures thereof. In one embodiment, the second yarns contain at least 70% by weight inherently flame resistant fibers (0009). In one embodiment, the first yarns containing the FR cellulose fibers comprise spun yarns, such as ring spun yarns, made from an intimate blend of fibers. In one particular embodiment, the blend of fibers may comprise meta-aramid fibers in an amount from about 30% to about 60% by weight of the fabric, flame resistant fibers in an amount from about 20% to about 50% by weight of the fabric, non-aromatic polyamide fibers in an amount from about 12% to about 25% by weight of the fabric, and optionally para-aramid fibers in an amount up to about 15% by weight of the fabric (0012). It should be noted that nylon is an aromatic polyamide fiber. In one embodiment, the second yarns are made primarily from inherently flame resistant fibers. For instance, the second yarns can be made from greater than 50%, such as greater than 60%, such as greater than 70%, such as greater than 80% by weight aramid fibers alone or in combination with PBI fibers and/or PBO fibers. The aramid fibers may comprise meta-aramid fibers alone, para-aramid fibers alone, or a combination of meta-aramid fibers and para-aramid fibers. In one particular embodiment, the second yarns comprise spun yarns containing meta-aramid fibers and optionally in combination with up to about 8% by weight of para-aramid fibers (0057). Alternatively, the second yarns may comprise substantial amounts of other synthetic fibers, such as nylon fibers and/or polyester fibers. For instance, the second yarns may contain greater than 30% by weight, such as greater than 40% by weight, such as greater than 50% by weight, nylon fibers, polyester fibers, or mixtures thereof. In one embodiment, the second yarns can be made exclusively from polyester fibers and/or nylon fibers (0058). In Samples 2 and 3, the fabric is spunlaced (0094, 0109, 0110).
Claims 1-4, 10, 14, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fraser et al. (US 2019/0070835). Fraser et al. disclose a multi-layered flame retardant and chemical resistant composite. The composite may be used in protective apparel and/or personal protective ensembles (PPE). The composite may be an engineered textile laminate (abstract). The composite made be made into a garment or protective apparel (0082). The first layer of the composite comprises a nonwoven fabric (0008). a composite 100 of the present invention may comprise a first layer 10, a second layer 20, and a third layer 30. The first layer 10 of composite 100 may comprise a nonwoven fabric, as described herein, which may char when burned and/or exposed to heat and/or flame. The first layer 10 may include a surface 12 that is the inner layer of the composite 100. The second layer 20 may be a non-flame retardant chemical barrier film, as described herein, which may be engineered and/or selected to meet the chemical holdout requirements in accordance with ASTM F23 F739 test procedure and the ASTM F23 F1001 chemical insult list. The second layer 20 may be adhered to the third layer 30, which may comprise a film (e.g., a flame retardant film or a non-flame retardant film), as described herein. The third layer 30 may include a surface 14 that is the outer layer of the composite 100. The first layer 10, second layer 20, and third layer 30 may each be adhesively bonded to an adjoining layer using an adhesive (e.g., a flame retardant adhesive), as described herein (0031). The nonwoven fabric comprises natural fibers (e.g., cellulosic fibers) and/or synthetic fibers. In some embodiments, one side of the nonwoven fabric may comprise natural fibers (e.g., cellulosic fibers) and the other side of the nonwoven fabric may comprise synthetic fibers. Synthetic fibers and natural fibers may be present in a ratio of about 5:1, 2:1, 1.5:1, 1:1, 1:1.5, 1:2, or 1:5 (synthetic fibers:natural fibers). In some embodiments, the ratio of synthetic fibers to natural fibers is in a range of about 1:1 to about 1:1.5 (0034). The nonwoven fabrics can be spunlace fabric prepared from a combination of cellulosic and synthetic fibers. Example cellulosic fibers that may be used to form a nonwoven fabric (e.g., spunlace fabric) include, but are not limited to, woodpulp fibers, cotton fibers, regenerated cellulose fibers such as rayon and/or lycocell fibers, cellulose acetate fibers, cellulose triacetate fibers, jute, hemp, and/or any bast, leaf, or stem fibers, in some embodiments, the first layer comprises woodpulp fibers (0035). Synthetic fibers that may be used to form the nonwoven (e.g. spunlace) fabric include, but are not limited to, polyester, nylon, polypropylene, polylactic acid (PLA) fibers, acrylic fibers, and/or any other applicable available textile staple fiber that produces desired attributes, and/or fits a nonwoven (e.g., spunlace) process. In some embodiments, the first layer comprises polyester fibers (0036). In some embodiments, the first layer comprises a fiber that is treated with a flame retardant additive and the fiber is selected from polyester, nylon, acrylic, acrylonitrile, olyolefin, vinylidene chloride (saran), cellulose (e.g., acetate, rayon, lyocell, woodpulp, cotton and/or other natural organic fibers), silica-containing rayon, melamine (basofil), aramid/paraaramid (e.g., kevlar, nomex), sulfar, polyethylene, olefin, PEU (e.g., spandex), silicone, fluorocarbon, polybenzimidazole (PBI), and/or carbon fibers (0037). In some embodiments, when the nonwoven layer comprises synthetic fibers and cellulosic fibers, the cellulosic and synthetic fibers may be in the form of flat layers. For example, a nonwoven layer may comprise two or more layers (e.g., 2, 3, 4 or more layers, also referred to herein as sublayers) each of which may comprise cellulosic fibers and/or synthetic fibers in any orientation or order. Referring to FIG. 2, composite 150 may comprise a first layer 10 comprising a nonwoven layer that comprises two layers 10a, 10b, and one layer may comprise cellulosic fibers and the other layer may comprise synthetic fibers. In some embodiments, nonwoven layer 10a (i.e., the nonwoven layer closest to the second layer 20) may comprise cellulosic fibers (e.g., woodpulp fibers) and nonwoven layer 10b may comprise synthetic fibers (0038). In some embodiments, the weight ratio of the cellulosic fibers to synthetic fibers in a first layer of a composite of the present invention may range from 75:25 to 25:75, and in some embodiments from 65:35 to 50:50 (0039). In some embodiments, a garment and/or composite of the present invention may be used for and/or in a personal protection ensemble (PPE). The garment and/or composite may be chemical permeation resistant to liquids, solid particles, and/or gases within the scope of the ASTM F23 F739 Chemical Permeation US Domestic test, and International ISO 6529 Chemical Permeation test. In some embodiments, a garment and/or composite of the present invention (i.e., a garment comprising a composite of the present invention) may be used over a NFPA 2112 garment. The garment and/or composite may augment the flame retardant protection of the NFPA 2112 garment. In some embodiments, the garment and/or composite may provide chemical permeation and/or penetration resistance. In some embodiments, a garment and/or composite of the present invention may meet NFPA 2113 requirements, such as, for example, the garment and/or composite may meet NFPA 2113 A.5.1.7 and 8 requirements when used over and/or to cover a primary NFPA 2112 flashover protection compliant garment or device (0084).
Claims 1, 14, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dilanni et al. (US 10433593). Dilanni et al. disclose a flame-resistant fabric and garment formed from synthetic fibers such as non-aramid polyamide fibers (abstract). It should be noted that a non-aramid polyamide fiber is a nylon fiber. In one embodiment, the garment may comprise, for instance, a jacket or leg covering made from a composite fabric product. The composite fabric product may include an outer shell, a liner, and optionally one or more middle layers. The fabric made according to the present disclosure can comprise the outer shell or the liner. Various different types of fabric layers may be contained in between the outer shell and the liner. For instance, in one embodiment, the middle layer may comprise a thermal barrier layer made from a hydroentangled web (col 3, ln 56-65). Dilanni et al. disclose that fabrics made according to the present disclosure can be produced without containing substantial amounts of aramid fibers (col 2, ln 9-11). In one embodiment, the fabric can be produced without containing any aramid fibers. Alternatively, relatively minor amounts (less than 5% by weight) of aramid fibers may be present in the yarn such as spun NOMEX yarns (col 2, ln 27-34). The fabrics may be made into garments that may also be used by athletes, firefighters, emergency personnel, hunters, outdoor enthusiasts, and the like (col 6, ln 14-16). In general, the fabric is formed from a fiber containing primarily synthetic fibers. The synthetic fibers, for instance, may comprise nylon fibers, polyester fibers, or mixtures thereof. In addition to the above fibers, various other fibers may be present in the fabric. For instance, the fabric may contain, in some embodiments, natural fibers such as cotton fibers, rayon fibers, other cellulose fibers, wool fibers, and the like. Although the fabric is primarily constructed from non-aramid fibers, it should be understood that small amounts of aramid fibers may be incorporated into the fabric if desired. For instance, para-aramid fibers may be incorporated into the fabric in an amount of up to about 10% by weight in order to provide some type of benefit. For instance, in one embodiment, para-aramid fibers, such as Kevlar® fibers, may be incorporated into the fabric for shrink control. In certain embodiments, however, the fabric can be produced without containing any naturally flame resistant fibers (col 6, ln 17-34). When the yarns are constructed from a single fiber type, yarns made from one type of fiber may be combined with yarns made from a different type of fiber. For example, in an alternative embodiment, the fabrics may contain yarns made exclusively from polyester fibers and yarns made exclusively from polyamide fibers. For example, in one particular embodiment, the fabrics may include warp yarns made from a first fiber type and may contain weft yarns produced from a second fiber type (col 6, ln 35-49). The garment is made from a composite fabric product, the composite fabric product including an outer shell, a liner, and a middle layer positioned in between the outer shell and the liner, the middle layer comprising an apertured hydroentangled web (claim 15).
Claim(s) 1, 4-7, 10-11, 14, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by (WO 2007/046932), hereinafter WO ‘932. WO ‘932 disclose a fire retardant nonwoven fabric (abstract). The durable flame retardant fabric includes at least one reinforcing layer or scrim material. The reinforcing layer is typically either a cast scrim of synthetic polymers, cross-laid scrim, woven scrim, or combination thereof. Further, the reinforcing layer may include natural and synthetic polymeric materials, such as nylon, as well as cellulosic fiber, including cotton, rayon, lyocell or the like, and combinations or blends thereof. Fibers and filaments that lend to the fire retardant nature of the reinforcing material are also suitable for use in the present invention, as well as a blend of one or more fibers. The reinforcing layer of the invention is combined with at least one and optionally more than one additional secondary layers. Suitable layers may include, but are not limited to wovens, nonwovens, films, and combinations thereof, wherein the layers may further include natural fibers, synthetic fibers, filament, fire retardant fiber or filaments, and combinations thereof. In one embodiment the second layer can be 50-100% cellulosic fiber, such as rayon, cotton, kenaf, Tencel® fiber, and combinations thereof, as well as include 0-50% synthetic fiber, such as nylon, aramid, modacrylic, and combinations thereof (page 4). the two or more layers are consolidated by way of hydroentanglement, wherein hydraulic jets inter-engage the fibers of the reinforcing layer with the fiber of the one or more additional layers (page 5). The reinforcing layer is a nonwoven (claim 3).
Claims 1, 4-8, 10-14, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2016/033593) (hereinafter WO ‘593). WO ‘593 disclose a flame resistant fabric having other embodiments of the FR Yarns are spun yarns formed of at least one of 0-100% cellulosic fibers (e.g., cotton, rayon, acetate, triacetate, and lyocell, as well as their flame resistant counterparts FR cotton, FR rayon, FR acetate, FR triacetate, and FR lyocell), 0-100% inherently FR fibers (e.g., meta-aramid or para-aramid, PBI, PBO, glass, carbon, liquid crystal polymer material, mineral-based materials, melamine, and other similar materials exhibiting low thermal shrinkage), and 0-20% nylon, as well as blends of any or all of these fibers. More specifically, other embodiments of FR Yarns are spun yarns formed of 0-80% cellulosic fibers, 10-80% inherently FR fibers, and 0-20% nylon, as well as blends of any or all of these fibers. Even more specifically, other embodiments of FR Yarns are spun yarns formed of 20-80% cellulosic fibers, 10-60% inherently FR fibers, and 0-20% nylon, as well as blends of any or all of these fibers. Even more specifically, other embodiments of FR Yarns are spun yarns formed of 50-80% cellulosic fibers, 10-40% inherently FR fibers, and 0-15% nylon, as well as blends of any or all of these fibers. One specific embodiment of an FR Yarn (FR Yarn #6) is a spun yarn formed of approximately 65% FR cellulosic (such as FR rayon), 25% para-aramid, and 10% nylon (page 10) . In some embodiments the fabrics disclosed herein are facecloth fabrics that are quilted or otherwise attached to at least one insulating layer (such as a nonwoven batt) to form a thermal liner of a firefighter's garment (page 14).
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.
Claim(s) 15-19 are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over WO 2016/033593) (hereinafter WO ‘593), as disclosed above. WO ‘593 disclose the claimed invention except for the properties of claims 15-19. However, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985). Therefore, the properties of claims 15-19 would inherently be found in the WO ‘593 since they disclose the same types of fibers in similar amounts as the claimed invention. If the properties are not inherent, they would be obvious in the WO ‘593 reference.
Claim 4, 5, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Dilanni et al. (US 10433593). Dilanni et al. disclose the claimed invention except for the teaching that the nonwoven layer comprises at least 20 wt % thermally stable nylon fibers and that the nonwoven layer comprises further comprises flame resistant fibers and that the nonwoven layer is devoid of meta-aramid fibers.
Dilanni et al. disclose a fabric made of primarily synthetic fibers, such as nylon. Although the fabric is primarily constructed from non-aramid fibers, it should be understood that small amounts of aramid fibers may be incorporated into the fabric if desired. For instance, para-aramid fibers may be incorporated into the fabric in an amount of up to about 10% by weight in order to provide some type of benefit. For instance, in one embodiment, para-aramid fibers, such as Kevlar® fibers, may be incorporated into the fabric for shrink control. In certain embodiments, however, the fabric can be produced without containing any naturally flame resistant fibers (col 6, ln 17-34). It would have been obvious to one having ordinary skill in the art to have the nonwoven layer of Dilanni et al. comprises at least 20 wt% nylon fibers motivated by the desire to create a fabric with increased durability and strength. Regarding claims 5 and 9, Dilanni et al. disclose additional flame resistant fibers can be added, such as para-aramid fibers. Meta-aramid fibers are not necessarily included the fabric.
Conclusion
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/ULA C RUDDOCK/ Supervisory Patent Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729