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 .
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 1-16 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 is rendered indefinite because of the term “type” (e.g. natural or synthetic fibers) The addition of the term ”type” to an otherwise definite expression extends the scope of the express so as to render it indefinite. For purposes of examination, Examiner is interpreting the claim to refer to wherein the first formula is comprised of at least one of natural or synthetic fibers and at least one of crosslinkers, natural and/or synthetic adhesives, biobased and/or synthetic thermoplastics, including nanocellulose, and/or latex. See MPEP 2173.05(b). Claims 2-8 are rendered indefinite as the claims depend upon indefinite claim 1.
Claim 1 is rendered indefinite because the 4th line up from the bottom of claim 1 lacks antecedent basis for “the first and the second”. Claim 1 recites “a first formula” and a “second formula” earlier in the claim. Claims 2-8 are rendered indefinite as the claims depend upon indefinite claim 1.
Claim 5 is rendered indefinite because of the term “type” (e.g. fibers). The addition of the term ”type” to an otherwise definite expression extends the scope of the express so as to render it indefinite. For purposes of examination, Examiner is interpreting the claim to refer to wherein the first region is comprised of a different percentage of at least one fiber than the second region. See MPEP 2173.05(b).
Claim 6 is rendered indefinite because of the term “type” (e.g. natural or synthetic fibers). The addition of the term ”type” to an otherwise definite expression extends the scope of the express so as to render it indefinite. For purposes of examination, Examiner is interpreting the claim to refer to a third region comprised of a third formula, wherein the third formula is comprised of at least one of natural or synthetic fibers. See MPEP 2173.05(b).
Claim 9 is rendered indefinite because of the term “type” (e.g. natural or synthetic fibers) The addition of the term ”type” to an otherwise definite expression extends the scope of the express so as to render it indefinite. For purposes of examination, Examiner is interpreting the claim to refer to wherein the first formula is comprised of at least one of natural or synthetic fibers and at least one of crosslinkers, natural and/or synthetic adhesives, biobased and/or synthetic thermoplastics, including nanocellulose, and/or latex. See MPEP 2173.05(b). Claim 10-16 are rendered indefinite as the claims depend upon indefinite claim 9.
Claim 14 is rendered indefinite because of the term “type” (e.g. natural or synthetic fibers). The addition of the term ”type” to an otherwise definite expression extends the scope of the express so as to render it indefinite. For purposes of examination, Examiner is interpreting the claim to refer to a wherein the first region of the solid fibrous molded part is comprised of a different percentage of at least one fiber than the second region. See MPEP 2173.05(b).
Claim Rejections - 35 USC § 102
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 1-2, 4 and 6-7 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Haxby et al., U.S. Pre Grant Publication 2020/0002884.
Regarding claims 1-2 and 4, Haxby discloses a medical support surface cover/mattress cover [soft good]. The abstract of Haxby discloses a textile layer coated with a polymeric composition forming first and second regions [0049]. Paragraph 0012 discloses a polymer layer comprising adjoining first and second regions that have different physical or visual properties wherein the first and second regions being in a side-by-side arrangement wherein the first region being formed from a first polymer composition and the second region being formed from a second polymer composition. It is disclosed in paragraph 0014 that the polymer layer is a single layer. Paragraph 0015 discloses the presence of multiple regions having different physical characteristics within a single sheet of fabric. It is disclosed in paragraph 0043 that the polymer(s) comprised within the first and second polymer compositions may be different providing that the first and second regions differ in at least one physical and /or visual property. Paragraph 0044 discloses that the polymer composition can include thermoplastic polymers. Paragraph 0058 discloses an interlayer. Examiner is corresponding the interlayer as Applicant’s intermingling region. Paragraph 0053 discloses mingling/merging of the different polymer compositions at the interface. Paragraph 0064 discloses that different polymers may be used in all of the different polymer compositions. Also, paragraph 0064 discloses that the interlayer may be the same as the polymer compositions present in both the first and second regions. Paragraph 0004 of Haxby discloses that polymer-coated textiles can be used for outdoor apparel and protective clothing [3-D]. Paragraph 0018 discloses a sheet of textile fabric wherein the textile fabric may be formed from natural or synthetic fibers. Also paragraph 0018 discloses that the textile layer can be a nonwoven. Paragraph 0015 discloses the presences of multiple regions having different physical characteristics within a single sheet of fabric.
Regarding claims 6-7, paragraph 0035 discloses a third region. Paragraph 0040 discloses that the third region may have the same physical and visual properties as either the first or second regions or may have different physical and/or properties than the first or second regions. Paragraph 0018 discloses a sheet of textile fabric wherein the textile fabric may be formed from natural or synthetic fibers. Also paragraph 0018 discloses that the textile layer can be a nonwoven. Paragraph 0044 discloses that the polymer composition can include thermoplastic polymers.
Regarding claim 8, paragraph 0040 of Haxby discloses that the third region may have different physical and/or visual properties from that of the first and second regions.
Claim Rejections - 35 USC § 103
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.
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Haxby et al., U.S. Pre Grant Publication 2020/0002884.
Haxby, above, remains relied upon for claim 1.
Regarding claim 3, Haxby is silent to the first region being comprised of a different percentage of at least one colorant than the second region. Haxby does disclose in paragraph 0038 that visual properties can include color. Paragraph 0047 discloses the inclusion of an additive such as pigments to alter the color of a region. Reference claim 9 discloses that the first and second region differ in color [visual property]. Therefore, it would have been obvious to one of ordinary sill in the art before the effective filing date of the invention to have the first region being comprised of a different percentage of at least one pigment than the second region to ensure that first and second region differ in color.
Regarding claim 5, Haxby is silent to the first region being comprised of a different percentage of at least one fiber than the second region. Haxby does disclose in paragraph 0018 that the structure of a textile fabric and its fiber content give rise to the specific physical properties of the textile fabric, for example tensile strength, flexibility, stretch etc. The selection of the textile fabric may therefore be made based on the desired properties of the composite fabric. Paragraph 0015 discloses that the adjoining regions have different physical or visual characteristic. One of ordinary skill in the art before the effective filing date of the invention would have the first region being comprised of a different percentage of at least one fiber than the second region to ensure enhanced tensile strength and flexibility of the polymer coated fabric.
Claims 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over Haxby et al., U.S. Pre Grant Publication 2020/0002884 in view of Intscher-Owrang et al., U.S. Patent Pre Grant Publication 2022/0072806.
Regarding claims 9-16, Haxby discloses a medical support surface cover/mattress cover [soft good]. The abstract of Haxby discloses a textile layer coated with a polymeric composition forming first and second regions [0049]. Paragraph 0012 discloses a polymer layer comprising adjoining first and second regions that have different physical or visual properties wherein the first and second regions being in a side-by-side arrangement wherein the first region being formed from a first polymer composition and the second region being formed from a second polymer composition. It is disclosed in paragraph 0014 that the polymer layer is a single layer. Paragraph 0015 discloses the presences of multiple regions having different physical characteristics within a single sheet of fabric. Paragraph 0044 discloses that the polymer composition can include thermoplastic polymers. Paragraph 0058 discloses an interlayer. Examiner is corresponding the interlayer as Applicant’s intermingling region. Paragraph 0053 discloses mingling/merging of the different polymer compositions at the interface. Paragraph 0064 discloses that different polymers may be used in all of the different polymer compositions. Also, paragraph 0064 discloses that the interlayer may be the same as the polymer compositions present in both the first and second regions. Paragraph 0004 of Haxby discloses that polymer-coated textiles can be used for outdoor apparel and protective clothing [3-D]. Paragraph 0018 discloses a sheet of textile fabric wherein the textile fabric may be formed from natural or synthetic fibers. Also paragraph 0018 discloses that the textile layer can be a nonwoven. Paragraph 0015 discloses the presences of multiple regions having different physical characteristics within a single sheet of fabric. Haxby does disclose in paragraph 0038 that visual properties can include color. Paragraph 0047 discloses the inclusion of an additive such as pigments to alter the color of a region. Reference claim 9 discloses that the first and second region differ in color [visual property]. Haxby does disclose in paragraph 0018 that the structure of a textile fabric and its fiber content give rise to the specific physical properties of the textile fabric, for example tensile strength, flexibility, stretch etc. The selection of the textile fabric may therefore be made based on the desired properties of the composite fabric. Paragraph 0015 discloses that the adjoining regions have different physical or visual characteristic. Figure 5 shows a mold having dividers.
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Paragraph 0070 discloses that the multiple polymer coatings can be simultaneously applied to the textile substrate without mixing of the different coatings because of the sub-dividers. It is disclosed in paragraph 0080 a plurality of sub-sections with each subsection containing a first polymer composition and an adjacent sub-section containing the second polymer composition Paragraph 0081 discloses that the use of one or dividers so that the polymer compositions cannot leak past the dividers. Paragraph 0052 of Haxby discloses a solvent with polymer compositions.
Haxby is silent to the polymer compositions being in the form of an aqueous slurry; removing some of the water through at least one of a draining or drying process to leave a solid fibrous molded part. Intscher-Owrang discloses a method of making a garment that includes at least one three-dimensional contour [abstract and 0006]. Paragraph 0009 discloses at least one piece of pre-formed nonwoven material and saturating the nonwoven material with at least one of a solvent and a binding agent wherein the binding agent can include cellulose microfilaments or glue [adhesive] [0034]. Paragraph 0039 of Intscher-Owrang discloses a mold used in the process wherein the mixture containing the fibers and the and solvent is added to the mold [pouring]. Also, paragraph 0039 discloses removing water. Paragraph 0050 discloses that the saturated nonwoven is pressed. Paragraph 0062 discloses mold portions that allow for liquid drainage and during the drying process the clothing item takes on shape. Paragraph 0064 of Intscher-Owrang discloses that the method improves mechanical properties such as softness and flexibility
Haxby and Intscher-Owrang are analogous art in that both references disclose a single nonwoven material comprised of natural or synthetic fibers wherein the non-woven material is saturated [coated] with a composition that includes solvent and binding agent for use as a clothing item. One of ordinary skill in the art before the effective filing date of the invention would utilize the method of Intscher-Owrang wherein the composition includes an aqueous slurry, removing some of the water through at least one of a draining or drying process to leave a solid fibrous molded part to the process of Haxby for the benefit of obtaining a clothing item having enhanced softness and flexibility.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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