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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/28/26 has been entered.
Response to Amendment
Amendments to the claims, filed on 4/17/26, have been entered in the above-identified application.
Any rejections made in the previous action, and not repeated below, are hereby withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 65, 67-68, 70, 79-86, and 88-91 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.
Claim 65 is rejected for stating “an adhesive layer intermittently affixing the elastically resilient structured textile to the second outer surface of the second entangled web of fibers such that the elastically resilient structured textile is affixed to the second outer surface at a plurality of first areas and is unaffixed from the second outer surface at a plurality of first areas and is unaffixed from the second outer surface of the second entangled web of fibers at a plurality of second areas, wherein a first area is spaced apart from another first area of the plurality of first areas by a second area of the plurality of second areas, resulting in a pleated structure of the composite nonwoven textile, the pleated structure comprising a plurality of pleats, wherein the plurality of first areas coincide with a series of peaks of the plurality of pleats in the second outer surface and the plurality of second areas coincide with a series of valleys of the plurality of pleats in the second outer surface” 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, at the time the application was filed, had possession of the claimed invention.
Claims 67-68, 70 and 86 are rejected for failing to cure the deficiencies of claim 65.
Claim 79 is rejected for stating “an adhesive layer intermittently affixing the first elastically resilient structured textile to a first surface of the first composite nonwoven textile at a plurality of first areas, wherein a first area is spaced apart from another first area of the plurality of first areas by a second area of a plurality of second areas, resulting in a first pleated structure of the first composite nonwoven textile, wherein the plurality of first areas coincide with a series of peaks in the first surface and the plurality of second areas coincide with a series of valleys in the first surface” 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, at the time the application was filed, had possession of the claimed invention.
Claims 80-85 and 88-90 are rejected for failing to cure the deficiencies of claim 79.
The Examiner notes Figure 37 below in the next section for reference.
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 65, 67-68, 70, 79-86, and 88-91 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 65 is rejected because the limitation “intermittently affixing, with an adhesive layer, the composite nonwoven textile to the elastically resilient structured textile at a plurality of first areas, wherein a first area is spaced apart from another first area of the plurality of first areas by a second area of a plurality of second areas; and releasing the tension applied to the elastically resilient structured textile resulting in a pleated structure of the composite nonwoven textile, wherein the plurality of first areas coincide with a series of peaks in the second outer surface of the pleated structure and the plurality of second areas coincide with a series of valleys in the second outer surface of the pleated structure” would have made the structure unclear to one of ordinary skill in the art at the time of invention, because if the first areas are attached to the to the elastically resilient structured, it is unclear how they could also result in a series of peaks. It further appears the nomenclature being used in the limitation does not appear match up with that of the specification and drawings (see figure 37 below).
Claims 67-68, 70 and 86 are rejected for failing to cure the deficiencies of claim 65.
Claim 79 is rejected because the limitation “an adhesive layer intermittently affixing the first elastically resilient structured textile to a first surface of the first composite nonwoven textile at a plurality of first areas, wherein a first area is spaced apart from another first area of the plurality of first areas by a second area of a plurality of second areas, resulting in a first pleated structure of the first composite nonwoven textile, wherein the plurality of first areas coincide with a series of peaks in the first surface and the plurality of second areas coincide with a series of valleys in the first surface” would have made the structure unclear to one of ordinary skill in the art at the time of invention, because if the first areas are attached to the to the elastically resilient structured, it is unclear how they could also result in a series of peaks (see figure 37 below).
Claims 80-85 and 88-90 are rejected for failing to cure the deficiencies of claim 79.
The Examiner notes Figure 37 of the instant application as appropriately labeled per the instant specification:
PNG
media_image1.png
617
763
media_image1.png
Greyscale
It appears with regards to the first composite nonwoven textile (2050) that the plurality of first areas (1641) coincide with adhesive attachment and a series of valleys and the plurality of second areas (1642) coincide with a series of peaks (1631). It also appears that the language of the instant claims appears to be inconsistent with the nomenclature used in the specification and that of figure 37.
Response to Arguments
Applicant’s arguments with respect to the instant claims 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN L VAN SELL whose telephone number is (571)270-5152. The examiner can normally be reached Mon-Thur, Generally 7am-6pm.
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, M. Veronica Ewald can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
NATHAN VAN SELL
Primary Examiner
Art Unit 1783
/NATHAN L VAN SELL/Primary Examiner, Art Unit 1783
Prosecution Insights