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 § 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.
Claims 1, 4-5, 7-10, 15, 17, 19, 23, 25-26, 28, 31, 35, 37, 44, 46 and 57 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thompson et al (PG Pub. 2020/0315273).
Regarding claims 1, 8-9 and 23, Thompson et al. teaches an article comprising one or more permeable facing layers (can be construed as 32 and 33) and a body of fibrous absorbing material (can be construed as 34) wherein the body comprises a fibrous lofted nonwoven material and the fibrous absorbing material adjacent to a surface having or producing moisture (such moisture from skin of a body) and at least a portion of fibers of the fibrous lofted nonwoven material have a generally vertical orientation relative to the surface having or producing moisture (Thompson et al. teach the fibers are vertical and thus 90 degrees to the surface having or producing moisture) and the fibers having a generally vertical orientation have a visible general trend forming an angle in the claimed range [Abstract, 0042, claim 8]. The article is capable of absorbing and/or transferring moisture, is permeable and is resilient [0007 and 0053]. The item is wearable or adaptable to be incorporated into a wearable item [Abstract]. Thompson et al. teaches the claimed article comprises of the claimed permeable facing layers and fibrous absorbing material with the claimed construction and arrangement, therefore it is clear the article of Thompson et al. has fluid exchanged within the article by expelling the fluid from the article upon compression and drawing in new fluid upon recovery. This would naturally happen during use also and if compressed given Thompson teaches such a similar article made of such similar materials arranged in such a similar manner made by such a similar process. The fibrous absorbing material has an extended portion that increases open surfaces of the fibrous absorbing material to airflow to provide enhanced evaporation and/or dryness to the touch at the surface to the fibrous absorbing material since Thompson et al. teaches the article is for example a shirt and the extended portion can be considered a sleeve.
Regarding claim 4, the fibers have a generally vertical orientation prior to any compression operation.
Regarding claim 5, the fibrous absorbent material includes hydrophilic fibers [0031].
Regarding claim 7, the article is dry to touch at the surface having or producing moisture before the article has dried (as the outer layers are taught as quick drying) [0040].
Regarding claim 10, the fibrous absorbing material is adapted to be located between the surface having or producing moisture and an opposing surface.
Regarding claim 15, the fibrous lofted nonwoven material is carded and lapped material and the lapped material is vertically lapped [0032 and 0037].
Regarding claim 17, Thompson teaches the fibrous lofted nonwoven is air laid [0049].
Regarding claim 19, the article includes one or more moisture wicking facing materials [0135].
Regarding claims 25-26, the fibrous absorbing material wicks moisture in a direction area) [0040]. The evaporation of moisture absorbed by fibrous absorbing material occurs form multiple directions at the extended portion [0040 and 0059; “…the type and/or orientation of the fibers of the one or more fibrous layers may create a capillary effect to pull the moisture away from the surface; one or more of the moisture wicking layers may transfer moisture to the one or more fibrous layers; one or more of the moisture wicking layers may transfer moisture to the one or more fibrous layers and/or may spread the moisture over a larger surface area of the one or more fibrous layers and/or fibers thereof”].
Regarding claim 28, the article is used to adapted to be used with a backpack and the article is positioned at a back contact portion, a side panel, a strap, a waist strap or any combination thereof [0019].
Regarding claim 31, the article is adapted to be used with a sporting pad (shin guards) or helmet [0019].
Regarding claim 35, the article is adapted to be used with an article of footwear as socks are taught. As evidenced by PG Pub. 2016/0198797 and 2016/0066648 , socks are footwear.
Regarding claim 37, the article is adapted to be used in a garment or vest [0019].
Regarding claim 44, the fibrous lofted nonwoven material has a weight in the claimed range [Table 3]. Further, the claimed fibrous lofted nonwoven material weight is taught as a results effective variable to achieve light weightedness and the desired weight to affect properties [0022 and 0024]. Therefore, it would have been obvious for one to arrive at the claimed range (which is a wide range) in order to achieve light weightedness and the desired weight to affect properties through routine experimentation and arrive at the claimed weight.
Regarding claim 46, Thompson et al. teach the fibrous lofted nonwoven material that is lapped which would inherently possess the claimed amount of fibers oriented in a generally vertical direction and the lofted nonwoven materials has fibers in the claimed amount in a generally horizontal direction.
Regarding claim 57, the fibrous lofted nonwoven material has a thickness in the claimed range [0069 and 0075].
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.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Thompson et al (PG Pub. 2020/0315273).
Regarding claim 46, Thompson et al. teach the lofted nonwoven material that is lapped which would inherently possess the claimed amount of fibers oriented in a generally vertical direction and the lofted nonwoven materials has fibers in the claimed amount in a generally horizontal direction. In the alternative, it would have been obvious to one of ordinary skill in the art to arrive at the claimed amount of horizontal and vertical fibers in order to improve strength, permeability and wicking properties and arrive at the claimed invention.
Art Not Used Relevant
PG Pub. 2004/0180177 teaches an article comprising a fibrous absorbing material with facing layers.
Response to Arguments
Applicant's arguments filed 02/27/2026 have been fully considered and a non-final rejection has been set forth due to the claims that were not previously rejected are not found to be allowable after further consideration.
Applicant requires greater specificity for claims 25-26. As stated above Thompson et al. states “…the type and/or orientation of the fibers of the one or more fibrous layers may create a capillary effect to pull the moisture away from the surface; one or more of the moisture wicking layers may transfer moisture to the one or more fibrous layers; one or more of the moisture wicking layers may transfer moisture to the one or more fibrous layers and/or may spread the moisture over a larger surface area of the one or more fibrous layers and/or fibers thereof”. Therefore, it is clear that Thompson et al. teaches the fibrous absorbing material wicks moisture in a direction generally parallel to the surface producing moisture toward the extended portion (i.e. from the shirt body to the sleeve) and evaporation of moisture occurs in multiple directions.
Applicant argues Thompson does not teach an article of footwear. As previously stated, the article is adapted to be used with an article of footwear as socks are taught. As evidenced by PG Pub. 2016/0198797 and 2016/0066648 , socks are footwear.
Applicant requested clarification where claim 37 is taught. This is taught in paragraph 0019.
In regard to claim 44, Applicant argues Table 3 does not show the claimed fibrous lofted nonwoven material weight. Table 3 exemplifies various examples of the invention with weight of the fibrous lofted nonwoven material in the claimed range. Further, the claimed fibrous lofted nonwoven material weight is taught as a results effective variable to achieve light weightedness and the desired weight to affect properties [0022 and 0024]. Therefore, it would have been obvious for one to arrive at the claimed range (which is a wide range) in order to achieve light weightedness and the desired weight to affect properties through routine experimentation and arrive at the claimed weight.
Applicant argues claim 46 is not inherent to Thompson. As stated in the rejection previously and above, Thompson et al. teach the lofted nonwoven material that is lapped which would inherently possess the claimed amount of fibers oriented in a generally vertical direction and the lofted nonwoven materials has fibers in the claimed amount in a generally horizontal direction. Thompson teaches the same process as the present invention including Struto or V-lap vertical lapping and further the claim language states “generally vertical” which is broad as to what constitutes “generally vertical”. In the alternative, it would have been obvious to one of ordinary skill in the art to arrive at the claimed amount of horizontal and vertical fibers in order to improve strength, permeability and wicking properties and arrive at the claimed invention.
The claimed thickness in claim 57 is taught in 0069 and 0075. Further, in the alternative, the thickness is taught as a results effective variable. “The type of materials forming the layers, order of the layers, number of layers, positioning of layers, thickness of layers, or a combination thereof, may be chosen based on the desired properties of each material (e.g., wicking properties, cooling properties, insulative properties, and the like), the desired air flow resistive properties of the material as a whole, the desired weight, density and/or thickness of the material, the desired flexibility of the material (or locations of controlled flexibility), or a combination thereof.”. Therefore, it would have been obvious to one of ordinary skill in the art to arrive at the claimed thickness through routine experimentation in order to affect properties including wicking properties, cooling properties, insulative properties, and the like) and the desired air flow resistive properties of the material as a whole.
In regard to claim 17, structure is implied by the airlaying process. As set forth above, Thompson teaches the fibrous lofted nonwoven is air laid [0049].
No claims are allowed. Applicant is invited to amend the claims over the coted art.
Conclusion
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/Shawn Mckinnon/Examiner, Art Unit 1789
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