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 .
DETAILED ACTION
Response to Election
1. Applicant’s election of claims 1-12 in the reply filed on May 4, 2026, is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)). Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is deemed proper and is therefore made FINAL.
Information Disclosure Statement
2. The references disclosed within the information disclosure statement (IDS) submitted on September 12, 2024, has been considered and initialed by the Examiner.
Claim Rejections – 35 USC § 102(a)(1)
3. 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.
4. Claims 1-2, 9, 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Westberg et al . (U.S. 3,064,329).
Westberg discloses a nonwoven porous seamless shaped fabric wearing apparel article with dried and cured polymer fiber (claim 1 of Westberg) where Figure 1 shows a three-dimensional article of apparel, comprising a body including a three-dimensional contour, as shown below:
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. Because Westberg discloses a nonwoven porous seamless shaped fabric wearing apparel article with dried and cured polymer fiber, the article of Westberg will inherently provide ventilation.
Products of identical composition can not have mutually exclusive properties. Therefore, because Westberg has the same porous structure, the properties, including ventilation are necessarily present. MPEP 2112.01 II, as in claim 1.
Concerning claim 2, Westberg discloses a nonwoven porous seamless shaped fabric article comprising thermoplastic fibers (claim 3 of Westberg).
Concerning claim 9, Westberg discloses a molded fabric article manufactured into articles of wearing apparel (column 1, lines 10-15).
Concerning claim 11, Westberg discloses a nonwoven porous seamless shaped fabric wearing apparel article with dried and cured polymer fiber (claim 1 of Westberg) including a molded fabric article manufactured into articles of wearing apparel (column 1, lines 10-15).
Claim Rejections – 35 USC § 103
5. 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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
6. Claims 3-8, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Westberg et al . (U.S. 3,064,329).
Westberg discloses a nonwoven porous seamless shaped fabric wearing apparel article with dried and cured polymer fiber (claim 1 of Westberg) where Figure 1 shows a three-dimensional article of apparel, comprising a body including a three-dimensional contour, as shown below:
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Westberg does not explicitly disclose the opening dimension; however, opening dimension modifications involve a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art and therefore obvious. Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert, denied, 469 U.S. 830, 225 USPQ 232 (1984) See MPEP 2144.04, as in claim 3.
Concerning claim 4, Figure 1 of Westberg shows openings arranged in multiple columns.
Concerning claim 5, Figure 1 of Westberg shows a plurality of protuberances, wherein each protuberance of the plurality of protuberances includes an opening of the plurality of openings.
Concerning claim 6, Figure 1 of Westberg shows wherein each of the plurality of protuberances includes a curvature that facilitates drainage.
Concerning claim 7, Figure 1 of Westberg shows wherein each of the plurality of protuberances includes a convex curvature extending away from the body.
Concerning claim 8, Westberg discloses a nonwoven porous seamless shaped fabric wearing apparel article with dried and cured polymer fiber (claim 1 of Westberg) where Figure 1 shows the protuberances include a round shape having a peripheral edge.
Concerning claim 10, Figure 1 of Westberg shows a plurality of protuberances, wherein each protuberance of the plurality of protuberances includes an opening of the plurality of openings. Westberg discloses a molded fabric article manufactured into articles of wearing apparel (column 1, lines 10-15).
Concerning claim 12, Westberg discloses a nonwoven porous seamless shaped fabric wearing apparel article with dried and cured polymer fiber (claim 1 of Westberg) where Figure 1 shows a reinforcement element.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lawrence Ferguson whose telephone number is 571-272-1522. The examiner can normally be reached on Monday through Friday 9:00 AM – 5:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Frank Vineis, can be reached on 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAWRENCE D FERGUSON/Examiner, Art Unit 1781
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