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 .
Election/Restrictions
Applicant's election with traverse of Group I and Species I, claims 1-4 and 8-9 in the reply filed on 06/08/2026 is acknowledged. The traversal is on the ground(s) that the species restriction is improper because they species share a common special technical feature. This is not found persuasive because despite the species being connected in terms of composition (i.e., requiring polyethylene) each species recites a mutually exclusive form/structure. For example, a polyethylene adhesive is not the same structure as a polyethylene sewing thread.
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-7 and 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/08/2026.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 07/09/2024 and 02/10/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Specification-Objection
The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code (see e.g., paragraph 0003). Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1-2 and 8-9 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Syrett et al. (US 2013/0232675).
Regarding claims 1 and 2, Syrett discloses a garment comprising two pieces of fabric joined together by a stitched seam (0008). Each fabric formed from fabric consisting of polyethylene (0031) and the stitched seam formed for a yarn consisting of polyethylene (0039).
Regarding claims 8 and 9, Syrett discloses the fabrics formed for one or more PE yarns (0014-0016).
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.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Syrett with evidentiary reference Meher (Meher International, Understanding Yarn Properties and Textile Performance; https://meherinternational.com/understanding-yarn-properties-and-textile-performance/) Accessed 8/4/2026.
Regarding claims 3 and 4, Syrett further teaches the stitching yarn having a linear weight of from 10 tex to 100 tex (90 to 900 denier), overlapping the claimed 300 denier in claim 3 and 150 denier in claim 4 (MPEP 2144.05).
Syrett does not teaches tenacity or elongations of the yarns. However, as evidenced by Meher important performance metrics of a yarn include tenacity and elongation (page 2). Meher teaches yarn tenacity measures the strength of the yarn relative to its thickness (page 4) and elongation refers to how much the yarn can stretch before breaking (page 6). Meher teaches that poor yarn tenacity and elongation may break during processing/use whereas high values provide for better durability (pages 5-7).
It would have been obvious to a person of ordinary skill in the art that tenacity and elongation are result effective variables. A particular parameter can be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, and the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation (see MPEP 2144.05.II.B.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Harpell et al. (US 5,185,195) drawn to two polyethylene fabric layers which are sewn together with a polyethylene thread, Ward et al. (US 2006/0186578) teaching two polyethylene layers with an inner polyethylene layer, and Smith, III et al. (US 2004/0116017) teaching a personal care article comprising a polyethylene batting layer and nonwoven layers heat-sealed together.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALICIA WEYDEMEYER whose telephone number is (571)270-1727. The examiner can normally be reached M-Th 9-4.
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, Frank Vineis can be reached at 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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/ALICIA J WEYDEMEYER/Primary Examiner, Art Unit 1781
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