DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 7, 10-13, 16 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 10, 12, 14 of U.S. Patent No. 10,960,654. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the present application and the patented reference recite
A method of constructing a multicomponent fabric comprising: applying a blurring component to a reflective metallic component so as to form an internal structure, wherein the reflective metallic component is designed to partially block thermal infrared radiation of an object and to partially blend thermal infrared radiation of a background; and attaching the internal structure to an outer surface layer having a patterned pigmentation to mimic ambient conditions of a deployed environment; and cutting and sewing the multicomponent fabric so as to form a garment be worn over a subject.
The claims in the present application and the patented reference recite wherein cutting and sewing the multicomponent fabric comprises providing a first configuration of the garment, with the outer surface layer facing outward, that camouflages the subject in a first environment and, when the garment is turned inside-out, a second configuration that camouflages the subject in a second environment.
The claims in the present application and the patented reference recite cutting a plurality of perforations through the multicomponent fabric, each of the plurality of perforations being configured to provide partial ventilation to reduce heat generated by the subject.
The claims in the present application and the patented reference recite wherein the reflective metallic component comprises a weave coated with a metallic film or metallic fibers.
The claims in the present application and the patented reference recite wherein the plurality of perforations form a non-uniform pattern.
Claims 1-8, 10-13, 15-17 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-7, 17 and 20 of U.S. Patent No. 10,203,183. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the present application and the patented reference recite
A method for producing a garment, comprising: constructing a multicomponent fabric including: laminating a reflective metallic layer to a blurring component layer so as to form an internal structure, wherein the reflective metallic layer includes a metallic component designed to partially block thermal infrared radiation, and wherein the blurring component layer includes glass microballoons designed to scatter radiation; and attaching the internal structure to an outer surface layer having a patterned pigmentation to mimic ambient conditions of a deployed environment; cutting a plurality of perforations through the multicomponent fabric, each of the plurality of perforations being configured to provide ventilation when worn over a body of a human subject; and cutting and sewing the multicomponent fabric so as to form a garment to be worn over the body of the human subject.
The claims in the present application and the patented reference recite wherein constructing the multicomponent fabric includes coating a weave with a metallic film or metallic fibers so as to form the metallic component.
The claims in the present application and the patented reference recite wherein cutting the plurality of perforations includes forming a non-uniform pattern of perforations extending over at least a part of the multicomponent fabric.
The claims in the present application and the patented reference recite wherein cutting the plurality of perforations includes forming a non-uniform pattern of perforations extending over at least a part of the multicomponent fabric.
The claims in the present application and the patented reference recite wherein attaching the outer surface layer to the internal structure includes printing an outer surface fabric having emissivity properties in a visible radiation range that mimic ambient emissivity properties of a deployment environment of the garment.
The claims in the present application and the patented reference recite wherein the multicomponent fabric includes coating the glass microballoons in a metallic coating.
Claims 9, 14 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Applicant claims a method of forming a single-layer camouflage fabric as recited in claim 1, further including wherein applying a patterned pigmentation over at least a portion of the surface of the internal structure includes applying a water-repellant coating using a nanoprocess. Applicant claims a method of forming a single-layer camouflage fabric as recited in claim 1, further including wherein forming the internal structure includes forming the blurring component including providing an underlying layer configured to scatter radiation to the blurring component. Applicant claims a method of forming a multispectral camouflage construction as recited in claim 10. The prior art does not provide for the limitations provided in claims 9, 14 and 18.
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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