Prosecution Insights
Last updated: April 19, 2026
Application No. 18/768,574

MULTIFUNCTIONAL FABRIC FOR GARMENTS

Final Rejection §103
Filed
Jul 10, 2024
Examiner
JACKSON, MONIQUE R
Art Unit
1787
Tech Center
1700 — Chemical & Materials Engineering
Assignee
King Saud University
OA Round
4 (Final)
35%
Grant Probability
At Risk
5-6
OA Rounds
4y 7m
To Grant
78%
With Interview

Examiner Intelligence

Grants only 35% of cases
35%
Career Allow Rate
315 granted / 911 resolved
-30.4% vs TC avg
Strong +44% interview lift
Without
With
+43.6%
Interview Lift
resolved cases with interview
Typical timeline
4y 7m
Avg Prosecution
83 currently pending
Career history
994
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
41.7%
+1.7% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
24.6%
-15.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 911 resolved cases

Office Action

§103
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 . The amendment filed 11/28/2025 has been entered. Claims 5 and 10 have been canceled. Claims 1-4, 6-9, and 11 are pending in the application. 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 § 103 Claims 1-3, 6-8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Aijaz (Developing novel multifunctional protective clothes for disabled individuals using bio-based electrospun nanofibrous membranes, hereinafter referred to as “Aijaz 2024”; note: additional authors other than the joint inventors of the present application). Aijaz 2024 teaches protective clothes or apparel having breathability and heat-barrier qualities produced from bio-based electrospun nanofibrous (NFs) membranes, wherein the protective apparel comprises a dual-layer multi-functional porous textile produced by sequential electrospinning and comprising a hydrophobic electrospun layer of polylactic acid (PLA) having silica (SiO2) nanoparticles (NPs) embedded therein to provide a silica nanoparticle-modified super-hydrophobic top layer that repels water and keeps the user dry (thus providing “a protective barrier”), while also boosting infrared reflection to keep the user cool; and a hydrophilic electrospun layer of PLA modified with poly(ethylene glycol)-block-poly(propylene glycol)-block-poly(ethylene glycol) copolymer (PEG-PPG-PEG) and super-hydrophilic silver nanoparticles embedded therein providing a hydrophilic bottom layer having antibacterial properties (Entire document, particularly Abstract; last paragraph of Introduction section; Materials and methods; Scheme 1; Fig. 8). Aijaz 2024 teaches that the presence of the SiO2 NPs in the top superhydrophobic PLA layer effectively blocks UV radiation, as shown in Figure 8 (copied below, which appears to display graphs essentially identical to Applicant’s Figs. 3A-B, also copied below), with an average reflectance in UVA and UVB of about 78% and about 74%, respectively (e.g., as in the claimed invention but respect to the second and third layers) versus about 50% and about 60%, respectively, for “pure electrospun NFs” fabric (e.g., as in the claimed invention but with respect to the first layer of PLA and silica NPs; Section 3.5, Fig. 8). UV-Visible spectra of Aijaz 2024 (top row) compared to UV-Visible spectra of the instant invention PNG media_image1.png 200 400 media_image1.png Greyscale PNG media_image2.png 61 577 media_image2.png Greyscale PNG media_image2.png 61 577 media_image2.png Greyscale Hence, Aijaz 2024 teaches a multifunctional protective fabric for garments comprising a top or “first” layer comprising PLA with UV-reflective silica NPs embedded therein (as in instant claims 1, 6 and 11), and a bottom layer comprising a first hydrophilic polymer (i.e., PEG-PPG-PEG) with antimicrobial silver NPs (AgNPs) embedded therein, wherein the first layer is a super-hydrophobic top layer that has an average reflectance of UVA radiation of about 78% and an average reflectance of UVB radiation of about 74%, vs. versus about 50% and about 60%, respectively, for “pure electrospun NFs” fabric, and repels water thereby providing “a protective barrier” that the Examiner takes the position would be a “protective barrier against chemical and biological agents” to some degree (as in the claimed invention given the absence of any specific “barrier” properties thereof or any specific chemical and/or biological agents, and that the top layer comprises the same materials as in the instantly claimed first layer and produced by the same process); wherein the layers are porous and prepared using sequential electrospinning, such that the differences between the teachings of Aijaz 2024 and the instantly claimed invention as recited in instant claims 1-3, 6-8, and 11 is that Aijaz 2024 teaches a dual-layer electrospun fabric versus a triple-layered electrospun fabric as in the claimed invention (Difference 1), and the UVA and UVB average reflectance properties of the top or first layer of PLA with the silica NPs embedded therein are higher than the claimed average UV reflectance properties for the claimed first layer comprising PLA and silica NPs as recited in instant claim 1 (Difference 2) and actually are about the same as the average reflectance properties of the claimed second and third layers comprising the AgNPs embedded therein as recited in instant claim 6, wherein Aijaz 2024 does not specifically teach the UV reflectance properties for the bottom hydrophilic layer comprising the AgNPs (Difference 3). However, with respect to Difference 1, given that Aijaz 2024 teaches that the multifunctional fabric is formed by sequential electrospinning (last paragraph of Section 1), wherein the porous bottom layer is first formed by electrospinning a solution of PLA/PEG-PPG-PEG/AgNPs and then the porous top layer is electrospun directly thereon to provide an overall thickness of the electrospun material of approximately 210 µm with the top and bottom layers having about the same thickness (Section 2.1 and last full paragraph of page 8), such that the Examiner takes the position that the bottom porous hydrophilic layer of about 105 µm formed by electrospinning the PLA/PEG-PPG-PEG/AgNPs blend may be viewed as or equated to two layers of about 52.5 µm thickness each, e.g., second and third layers formed by sequential electrospinning and having a combined thickness equal to the thickness of the bottom layer taught by Aijaz 2024, thereby reading upon and/or rendering obvious the instantly claimed porous second layer comprising a first hydrophilic polymer with antimicrobial AgNPs embedded therein and the instantly claimed porous third layer comprising a second hydrophilic polymer that is the identical to the first hydrophilic polymer, and also with AgNPs embedded therein, with the second layer sandwiched between the first and third layers as in instant claims 1-3 and 6-8, particularly given that the claimed invention as recited in instant claims 1-3, 6-8, and 11 does not require the third layer to have a different composition and/or properties than the second layer and actually recites in claims 3 and 8 that the hydrophilic polymer in the third layer is identical to the hydrophilic polymer in the second layer, with claims 1 and 6 from which claims 3 and 8 depend, respectively, reciting that the second and third layers both contain silver nanoparticles, and claim 6 further reciting that both the second and the third layers have the same UVA and UVB average reflectance properties. Additionally, given that a double-layer or multilayer fabric having a total thickness equal to a thickness of a single layer fabric and formed of the same material is an obvious functionally equivalent fabric in the art and/or that a given fabric may be provided in any number of layers as is conventional in the art to provide a desired thickness or weight, Difference 1 would have been obvious over the teachings of Aijaz 2024. With respect to Difference 2, although Aijaz 2024 teaches slightly higher average UV reflectance properties for the top layer of PLA and silica NPs than the instantly claimed first layer of PLA and silica NPs, given that Aijaz 2024 utilizes a content of 220 mg of silica NPs in producing the top layer (Section 2.1) which is known to directly affect the resulting UV reflectance properties, and that one having ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to determine the optimum content of silica NPs to provide the desired UV reflectance properties for a particular end use, the Examiner takes the position that absent any clear showing of criticality and/or unexpected results, Difference 2 would have been obvious over the teachings of Aijaz 2024, particularly given the relative “about” recitations in both the claimed invention and the teachings of Aijaz 2024. With respect to Difference 3, given that the higher average UV reflectance properties of the top layer of Aijaz 2024 comprising the silica NPs are essentially the same as the claimed average UV reflectance properties of the instantly claimed second and third layers comprising the silver NPs embedded therein (e.g., bottom layer of Aijaz 2024 comprising a hydrophilic polymer and silver NPs embedded therein), wherein Aijaz 2024 generally teaches that such UV blocking properties of the protective fabric is beneficial from the standpoint of not only maintaining the body temperature cool but also helping to prevent skin burns and aging (Section 3.5), and that it is well established in the art that silver NPs may also provide UV blocking or reflectance properties (as established on the record and evidenced by Lee or Edwards or Gamble or Zenda), the Examiner takes the position that one having ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to add the AgNPs taught by Aijaz 2024 in a content to not only provide antimicrobial properties as taught by Aijaz 2024 but also provide similar UV blocking properties as taught by Aijaz 2024 for the top layer or the overall multifunctional fabric in general, thereby rendering Difference 3 obvious over the teachings of Aijaz 2024. Hence, given the above, the claimed invention as recited in instant claims 1-3, 6-8, and 11 would have been obvious over the teachings of Aijaz 2024 given that it is prima facie obviousness to combine prior art elements according to known methods to yield predictable results. Claims 1-3, 6-8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Aijaz (Silica NPs in PLA-Based Electrospun Nanofibrous Non-Woven Protective Fabrics with Dual Hydrophilicity/Hydrophobicity, Breathability, and Thermal Insulation Characteristics for Individuals with Disabilities, hereinafter referred to as “Aijaz 2023”; additional authors other than the joint inventors of the present application). Aijaz 2023 teaches a multifunctional protective fabric for clothing (e.g., garments) that is a double-layered polylactic acid (PLA)-based electrospun nanofibrous fabric having a hydrophobic layer on one side and hydrophilic layer on an opposite side formed by sequential electrospinning, wherein silica nanoparticles (NPs) are embedded into the electrospun fibers of the hydrophilic layer such that the hydrophilic side exhibits an average reflectance of UVA and UVB of about 78% and about 74%, respectively (e.g., similar to the claimed hydrophilic second and third layers), while the hydrophobic PLA side exhibits an average reflectance of UVA and UVB of about 50% and about 60%, respectively, as shown in Figure 7, (A) and (B) (copied below, that also appear to be essentially identical to Applicant’s Figs. 3A-B, respectively, also copied below; Entire document, particularly Abstract, Introduction, and Results and Discussion). Aijaz 2023 teaches that in producing the double-layered electrospun fabric, electrospinning was conducted until each layer reached a thickness of 100 ± 18 µm (Section 2.1), with the hydrophilic layer formed from a blend of PLA with a poly(ethylene glycol)-block-poly(propylene glycol)-block-poly(ethylene glycol) (PEG-PPG-PEG) block copolymer (reading upon the claimed hydrophilic polymer) and silica NPs (Section 2), wherein the porosity of the electrospun nanofibrous structure (e.g., both layers) allows the fabric to be breathable (Abstract, Section 3.3), while the hydrophobic PLA layer of the protective fabric provides waterproofness to the fabric (Section 3.2). UV-Visible spectra of Aijaz 2023 (top row) compared to UV-Visible spectra of the instant invention PNG media_image3.png 200 400 media_image3.png Greyscale PNG media_image2.png 61 577 media_image2.png Greyscale PNG media_image2.png 61 577 media_image2.png Greyscale Hence, with respect to the instantly claimed multifunctional fabric, Aijaz 2023 teaches a multifunctional fabric for garments comprising a first (hydrophobic) layer comprising polylactic acid and having an average reflectance of UVA radiation of about 50% and an average reflectance of UVB radiation of about 60% (e.g., as in instant claims 1 and 6 with respect to the claimed first layer), and a second (hydrophilic) layer comprising a hydrophilic polymer with silica nanoparticles embedded therein and having an average reflectance of UVA radiation of about 78% and an average reflectance of UVB radiation of about 74% (e.g., as in instant claims 1 and 6 with respect to the second and third layers); wherein the layers are prepared using electrospinning (e.g., as in instant claims 1 and 6), and the layers are porous (e.g., as in instant claims 2 and 7) with the first (hydrophobic) layer of the multifunctional protective layer providing waterproofness, e.g., water barrier properties, such that the first layer also provides “a protective barrier against chemical and biological agents” to some degree (as in the claimed invention, particularly given the lack of any specific “barrier” properties thereof or specific chemical and/or biological agents); and hence, the differences between the teachings of Aijaz 2023 and the instantly claimed invention are that Aijaz 2023 teaches a double-layered fabric versus a triple-layered fabric as in the claimed invention (Difference 1), Aijaz 2023 does not teach that the first layer comprising PLA has silica or ultraviolet-reflective NPs embedded therein (Difference 2), and Aijaz does not teach that the second (hydrophilic) layer comprising a hydrophilic polymer has silver NPs or antimicrobial silver NPs embedded therein (Difference 3). However, with respect to Difference 1, given that Aijaz 2023 teaches that the multifunctional fabric is formed by sequential electrospinning wherein the second hydrophilic layer is formed by electrospinning a blend PLA/PEG-PPG-PEG/SiO2 solution until a thickness of 100 ± 18 µm is reached, the Examiner takes the position that the second hydrophilic layer as taught by Aijaz 2023 may be viewed as or equated to two layers of 50 ± 9 µm thickness each, thereby generally reading upon the claimed second and third layers, particularly given that the claimed invention as recited in instant claims 1-3, 6-8, and 11 does not require the third layer to have a different composition and/or properties than the second layer and actually recites in claims 3 and 8 that the hydrophilic polymer in the third layer is identical to the hydrophilic polymer in the second layer, with claims 1 and 6 from which claims 3 and 8 depend, respectively, reciting that the second and third layers both contain silver NPs, and claim 6 further reciting that both the second and the third layers have the same UVA and UVB average reflectance properties. Additionally, given that a double-layer or multilayer fabric having a total thickness equal to a thickness of a single layer fabric of the same material is an obvious functionally equivalent fabric in the art and/or that a given fabric may be provided in any number of layers as is conventional in the art to provide a desired thickness or weight, Difference 1 would have been obvious over the teachings of Aijaz 2023. With respect to Difference 2, although Aijaz 2023 specifically teaches incorporation of silica NPs of 10-20 nm size into the hydrophilic layer of modified PLA in combination with the PEG-PPG-PEG, in a silica content of 13wt/wt% of total PLA+PEG-PPG-PEG polymer weight, to “further increase the hydrophilicity” of the PLA/PEG-PPG-PEG blend (Section 2), wherein the hydrophilic layer with the silica NPs also exhibited “efficient blocking” of UV radiation in both the UVA and UVB regions, with no specific teaching of the incorporation of the silica NPs or other UV-reflective NPs in the first hydrophobic PLA layer, Aijaz 2023 more broadly teaches that it is known in the art to add white NPs such as titanium oxide, zinc oxide, and silicon dioxide (silica) into textile fibers as an effective method for producing thermally insulating materials wherein “[t]ypically, nanoparticles that form a network may effectively deflect UV radiation, keeping the body cool” (Abstract; Introduction). Hence, in order to provide a white color to the first PLA layer and/or to modify the UV reflectance properties thereof as desired for a particular end use of the multifunctional fabric, one having ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate white NPs such as titanium oxide, zinc oxide, and/or silica NPs in a suitable amount to provide the desired aesthetic, thermal and/or UV blocking properties for a particular end use of the fabric taught by Aijaz 2023 without substantially affecting the hydrophobicity/hydrophilicity of the hydrophobic PLA layer of Aijaz 2023 which provides waterproofness to the fabric. With respect to Difference 3, although Aijaz 2023 does not teach the incorporation of silver NPs or antimicrobial silver NPs into the hydrophilic layer of the multifunctional fabric, Aijaz 2023 does refer to two references that are directed to fabrics that have antibacterial or antimicrobial properties, i.e., Ref. 4 to Liu and Ref. 19 to Hajikhani, with the latter including fibers comprising PLA (based upon its title), and given that silver NPs are known antimicrobial agents in the art, as established on the record (as evidenced by Agboh, previously cited, or as evidenced by Aijaz 2024 above), and also known to provide UV blocking and/or reflectivity properties, as also established on the record (as evidenced by Lee or Edwards or Gamble or Zenda), and that Aijaz 2023 does teach incorporating silica NPs into the hydrophilic layer, providing improved hydrophilicity as well as increased UV reflectance properties which helps to keep a person cool (Abstract), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include silver NPs in addition to and/or as partial substitution for the silica NPs in the hydrophilic layer, thereby also providing the beneficial function of antimicrobial properties, as is typical or conventional in the art, to the multifunctional fabric of Aijaz 2023, given that it is prima facie obviousness to combine prior art elements according to known methods to yield predictable results and/or prima facie obviousness to simply substitute one known element for another to obtain predictable results. Hence, absent any clear showing of criticality and/or unexpected results, the claimed invention as recited in instant claims 1-3, 6-8, and 11 would have been obvious over the teachings of Aijaz 2023, particularly given that it is prima facie obviousness to use a known technique to improve similar devices in the same way. Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Aijaz 2024 or Aijaz 2023, as applied above to claims 1-3, 6-8, and 11, and further discussed below. The teachings of Aijaz 2024 or Aijaz 2023 are discussed in detail above (and incorporated herein by reference), and although the Examiner has equated the electrospun hydrophilic layer comprising the PLA/PEG-PPG-PEG blend of each reference (individually) to the claimed second and third layers as discussed in detail above such that the first hydrophilic polymer or PEG-PPG-PEG of the equated second layer may be considered to be “identical” to the second hydrophilic polymer or PEG-PPG-PEG of the equated third layer (as in instant claims 3 and 8 above) with respect to the polymer type of hydrophilic polymer utilized, given that each of Aijaz 2024 and Aijaz 2023 utilizes a commercially available PEG-PPG-PEG from Sigma-Aldrich (Aijaz 2024: Materials and methods section; Aijaz 2023: Materials and Methods section), wherein one having ordinary skill in the art before the effective filing date of the claimed invention would clearly recognize that a commercially available polymer includes a mixture of varying molecular weights such that the commercially available PEG-PPG-PEG utilized in Aijaz 2024 or Aijaz 2023 may be considered as comprising at least one first PEG-PPG-PEG hydrophilic polymer having a particular molecular weight and at least one second PEG-PPG-PEG hydrophilic polymer having a different molecular weight from the first PEG-PPG-PEG hydrophilic polymer such that the first and second PEG-PPG-PEG hydrophilic polymers are “dissimilar” as in instant claims 4 and 9 given that the claims nor the specification clearly recite or define how the polymers “are dissimilar”. Additionally or alternatively, given that the PEG-PPG-PEG hydrophilic polymer utilized in Aijaz 2024 or Aijaz 2023 may be considered as comprising poly(ethylene) glycol, a first hydrophilic polymer, and poly(propylene) glycol, a second hydrophilic polymer that is different from the first hydrophilic polymer, the PEG-PPG-PEG hydrophilic block polymer utilized in Aijaz 2024 or Aijaz 2023 may read upon both the first and second hydrophilic polymers that are “dissimilar” as in instant claims 4 and 9. Lastly, given that the commercially available PEG-PPG-PEG hydrophilic block copolymer of Aijaz 2024 or Aijaz 2023 is blended with the PLA to render the resulting electrospun layer hydrophilic, and that each of Aijaz 2024 and Aijaz 2023 also teaches further incorporation of an additional hydrophilic component, e.g., super-hydrophilic silver NPs in Aijaz 2024 or hydrophilic silica NPs in Aijaz 2023, to further increase the hydrophilicity thereof (Aijaz 2024: last paragraph of Section 1, and Section 2.1; Aijaz 2023, Abstract, last paragraph of Section 1, and Section 2.1); it would have been obvious to one having ordinary skill in the art before the effective filing date to further incorporate an additional hydrophilic polymer to similarly further increase the hydrophilicity of the hydrophilic layer, such as PEG alone which is generally more hydrophilic than PPG and thus generally more hydrophilic than PEG-PPG-PEG and “dissimilar” therefrom such that a combination of PEG and PEG-PPG-PEG in the hydrophilic layer taught by Aijaz 2024 or Aijaz 2023 would read upon the claimed first and second hydrophilic polymers being “dissimilar” as in instant claims 4 and 9. Hence, absent any clear showing of criticality and/or unexpected results, the Examiner takes the position that the claimed invention as recited in instant claims 4 and 9 would have been obvious over the teachings of Aijaz 2024 or Aijaz 2023 given that it is prima facie obviousness to combine prior art elements according to known methods to yield predictable results. Response to Arguments Applicant’s arguments filed 11/28/2025 have been considered but are moot because the new ground(s) of rejection do(es) not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. However, the Examiner would like to note that the Applicant appears to be arguing features that are not recited in the claims. For example, the Applicant argues on page 16 of the response that “the subject matter of currently amended independent claims 1 and 6 proposes a single polymer with a hierarchical structure that simultaneously provides antibacterial properties, UV-protective properties, aeration properties, water-repellent properties, chemical agent and biological agent protection” (emphasis added) and that the “subject matter of currently amended independent claims 1 and 6 represents a novel and non-obvious advancement in the field, addressing multiple functionalities through a unified polymer structure” (emphasis added, see last paragraph of page 16). The Applicant then argues on page 17 of the response that “the subject matter of currently amended independent claims 1 and 6 has resulted in the development of PLA nanofibrous garments that demonstrate both hydrophobic and hydrophilic characteristics” (emphasis added) representing “a significant advancement in the field, as the subject matter of currently amended independent claims 1 and 6 has successfully translated theoretical possibilities into tangible, high-performance materials with practical applications” (emphasis added, see first full paragraph of page 17). The Applicant further argues that “the subject matter of currently amended independent claims 1 and 6 is the result of successfully developed and manufactured fibers at nanoscale, with diameters measuring less than 1 µm…[or] nanofibers, marking a significant advancement in fiber technology” (emphasis added) wherein “[i]n contrast to the findings in Lee, which demonstrated fabrics exhibiting either hydrophilic or hydrophobic properties at a given time, the experimental design of the subject matter of currently amended independent claims 1 and 6 successfully yielded materials with concurrent hydrophilic and hydrophobic characteristics” (emphasis added) and that “[t]his dual functionality, not previously achieved in Lee’s work, highlights the innovative nature of the developed materials of the subject matter of currently amended independent claims 1 and 6 and represents a significant advancement in the field” (see second full paragraph on page 17). The Applicant also recites: “The subject matter of currently amended independent claims 1 and 6 demonstrates a distinctive approach through its novel integration of materials and functionality, as well as its innovative hierarchical structure, resulting in enhanced performance metrics. While Lee proposed the utilization of PLA, the subject matter of currently amended independent claims 1 and 6 goes beyond theoretical propositions to practical implementation and integration within a sophisticated garment structure. This tangible application of PLA, combined with the pioneering hierarchical design as represented by the presently pending claims, represents a substantial contribution to the filed, advancing the state of the art in wearable technology” (emphasis added, see paragraph bridging pages 17-18). “In the approach of the subject matter of currently amended independent claims 1 and 6, PLA serves as the core and sole polymer for all proposed layers, representing a significant departure from Hochi’s methodology. This fundamental difference in the application and role of PLA precludes a direct comparison between the two approaches” (emphasis added, see first full paragraph of page 18). “In contrast, the subject matter of currently amended independent claims 1 and 6 focuses on PLA as the primary polymer matrix, with nanoparticles incorporated as functional additives. This approach allows for a more focused examination of the specific interactions between PLA and the selected nanoparticles and led to novel insights in the field of polymer-based nanocomposites” (emphasis added, see last paragraph of page 18). “The proposed design of the subject matter of currently amended independent claims 1 and 6 is based on a single core polymer, PLA, for the use of hydrophilic and hydrophobic layers. This practical application of PLA, combined with the novel hierarchical design, represents a significant advancement in the field. The recited subject matter of currently amended independent claims 1 and 6 achieves synergistic multifunctionality, including breatheability [sic], UV reflection (>78%), antimicrobial activity, liquid resiliency, and protection from biological and chemical agents in a single PLA based electro spun fabric” (emphasis added, see second paragraph of page 19). However, the Examiner notes that although the prior art rejections over Lee, Hochi, and the other previously-cited references have been withdrawn by the Examiner in light of the above rejections, the “currently amended independent claims 1 and 6” do not recite (or propose) “a single polymer with a hierarchical structure” nor any aeration or water-repellent properties nor “PLA nanofibrous garments that demonstrate both hydrophobic and hydrophilic characteristics” nor materials with concurrent hydrophilic and hydrophobic characteristics nor PLA serving “as the core and sole polymer for all proposed layers” nor as “the primary polymer matrix” nor any “specific interactions between PLA and the selected nanoparticles” nor a single core polymer (whether PLA or otherwise) for the use of hydrophilic and hydrophobic layers nor any synergistic multifunctionality including breathability, UV reflection > 78%, and liquid resiliency, nor a single PLA based electro spun fabric as argued by the Applicant. The Examiner also expresses concern with respect to Applicant’s Figs. 3A-B that as noted above appear to be essentially identical to the graphs of Figure 8 of Aijaz 2024 and also essentially identical to the graphs of Figure 7 of Aijaz 2023, although one skilled in the art would readily understand that even two electrospun fabric samples formed from an identical solution and under identical electrospinning conditions would not necessarily exhibit identical UV-Vis spectra, e.g., due to slight variations in the porosity of the resulting electrospun fabrics and/or the individual nanoparticle size(s) (unless all of the individual nanoparticles are exactly the same size) and/or the distribution of the nanoparticles within the electrospun fibers and resulting fabrics. Further, the Examiner notes that the claimed first PLA layer comprising embedded silica NPs or embedded UV-reflective NPs that appear to be specifically added by the Applicant to provide UV reflection properties is recited in amended claim 1 as having an average reflectance of UVA and UVB of about 50% and about 60%, respectively (e.g., less than the UVA and UVB reflectance properties of the second and third layers as recited in amended claim 6), however, both Aijaz 2024 and Aijaz 2023 appear to show that the pure electrospun PLA nanofibrous fabric also exhibits about 50% UVA and about 60% UVB reflectance, without any embedded silica or UV-reflective nanoparticles. Hence, clarification may be needed. Any objection or rejection from the prior office action not restated above has been withdrawn by the Examiner in light of Applicant’s response filed 11/28/2025. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE R JACKSON whose telephone number is (571)272-1508. The examiner can normally be reached Mondays-Thursdays from 10:00AM-5:00PM. 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, Callie Shosho can be reached at 571-272-1123. 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. /MONIQUE R JACKSON/Primary Examiner, Art Unit 1787
Read full office action

Prosecution Timeline

Jul 10, 2024
Application Filed
Sep 25, 2024
Non-Final Rejection — §103
Dec 26, 2024
Response Filed
Jan 14, 2025
Final Rejection — §103
Apr 21, 2025
Response after Non-Final Action
May 14, 2025
Request for Continued Examination
May 16, 2025
Response after Non-Final Action
Aug 23, 2025
Non-Final Rejection — §103
Nov 28, 2025
Response Filed
Mar 03, 2026
Final Rejection — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
35%
Grant Probability
78%
With Interview (+43.6%)
4y 7m
Median Time to Grant
High
PTA Risk
Based on 911 resolved cases by this examiner. Grant probability derived from career allow rate.

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