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 .
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) 1-5, 8, 10-11, 13, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mullen et al, U.S. Patent Application Publication No. 2002/0071183.
Mullen discloses a structure which can be used as a patch for clothing. The clothing corresponds to the second three dimensional structure as claimed in claims 18-20. See paragraph 0003. The structure can include a film having a thickness of between about 25.4-127 micrometers, (1-5 mils). See paragraph 0018. The film can comprise a polyurethane layer on each side. One side has a low melting polyurethane and one side has a high melting polyurethane. Each of the polyurethane layers can have a thickness of 2.5 and 25 micrometers, (0.1-1 mils. See paragraph 0019. The structure can further comprise a retroreflective prism array, which is a three dimensional structure which is applied to structure. For example, looking at figure 2, the structure can comprise film 28 which is a higher melting polyurethane film which is next to film 30 which is a lower melt polyurethane film, which is connected to the retroreflective layer 18. The polyurethane layers correspond to the claimed adhesive elements and the prism array corresponds to the claimed three dimensional structures. The prism array can be formed from polyurethane. See paragraph 0020. The prism arrays are necessarily spaced apart by a predetermined distance since they do not sit on top of each other. The structure has at least two sides as shown in figure 2 which is equated with being multi-sided.
Mullen does not teach the particularly claimed thickness or width of the three dimensional structure or the patch or that the shape of the three dimensional elements is rectangular.
However, it would have been obvious to one of ordinary skill in the art to have selected the size, and shape of the patch and the three dimensional elements depending on how and where the patch would be used and the particular appearance desired in the patch.
Claim(s) 1, 6-7, 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams et al, U.S. Patent Application Publication No. 2020/0121011.
Williams et al discloses a decorative patch comprising an ornamental textile surface and an adhesive backing. The ornamental textile surface will necessarily have three dimensions. See paragraph 0014. The ornamental textile surface can further comprise a backing element which is considered to correspond to the claimed tape of claim 6. See paragraph 0014. For example, the structure can comprise a textile surface 110 to which three dimensional elements such as embroidery, sequins, fabric , foam, rubber, etc., can be attached. The three dimensional elements can be placed in various patterns and arrangements. See paragraph 0034. The structure can further comprise backing 120 which can be formed from natural or synthetic fibers including polyurethane fibers and can be in the form of a woven or nonwoven fabric. See paragraph 0035. A heat activated backing may be applied to the opposite of the backing surface. See paragraph 0036. The structure can be adhered to various structures including fabrics and plastics. See paragraph 0045. Figure 1 shows the three dimensional elements can be round, (sequins). Figure 3 shows a plurality of stacked three dimensional element which are separated from each other by a predetermined distance along the surface of the substrate. Figure 5 shows the patch has four sides.
Williams does not teach the particularly claimed thickness or width of the three dimensional structure or the patch or that the shape of the three dimensional elements is rectangular.
However, it would have been obvious to one of ordinary skill in the art to have selected the size, and shape of the patch and the three dimensional elements depending on how and where the patch would be used and the particular appearance desired in the patch.
Applicant's arguments filed 7/27/25 have been fully considered but they are not persuasive. Applicant argues that it would not have been obvious to have formed the three dimensional structures of Mullin so that they had a thickness as claimed, because Mullin teaches that they must be thinner in order to be able to split along valleys 24. However, since Mullin wants splitting at the valley 24, it appears that the thickness referred to is the thickness of the corrugated material making up the prisms at the valley, not the height of the structure from the valley to the peak. Therefore, Mullins does not teach a height from peak to valley but a thickness of the corrugated prism structure at the valley between peaks or prisms which should be thin enough to crack and split at the valley.
With regard to Williams, Applicant argues that there is no suggestion of providing three dimensional structures having the claimed dimensions. However, since Williams teaches the three dimensional structures as ornamental, as set forth in the previous action, there would have been a reason to select particular dimensions for the ornamental structures depending on the appearance, texture and function of the ornamental structures in the final product.
Applicant’s amendments have overcome 102 rejections.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
