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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/14/26 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7, 9-17, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nair (US 2020/0216632) in view of Rubin (US 6492001 B1).
Claims 1-12:
Nair teaches a method for making a fabric [0142] having an opacifying element [0129]. The fabric can be surface treated [0149] (a type of finishing) and coated with an opacifying element [0129] (another type of finishing). The result is a finished fabric where each side either has the surface treatment finish or the opacifying element finish. The finished fabric is further coated with a functional composition and this functional composition [0153-0183] is identical to the claimed non-foamed aqueous composition. The only difference is that Nair does not explicitly state the functional composition is non-foamed. Rather, Nair states “In some embodiments, the functional composition formulation can be foamed” [0153]. The implication here, understood by one of ordinary skill in the art, is that the functional composition formulation can also be non-foamed.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the method of Nair using a functional composition formulation that is not foamed.
Nair does not teach an adhesive composition applied to the finished fabric prior to the non-foamed aqueous composition.
However, Rubin teaches a method for forming a treated textile fabric where the fabric is finished by a treating process (3:6), and the finished fabric has a suitable liquid adhesive applied (6:67) followed by a polymeric film (6:16-22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the method of Nair and include an adhesive composition between the finished fabric and non-foamed aqueous composition. Rubin establishes this is a suitable approach for forming a treated textile fabric and the adhesive would have necessarily improved adhesion between fabric and subsequent coated layers.
Claims 13-14:
The fabric is a woven fiberglass [0142].
Claim 15:
Forming images on surfaces of the fabric and/or coated fabric [0206-0208].
Claim 16:
Rubin teaches the treatment is water repellency (5:58).
Claims 17:
The functional composition can be sprayed [0197]. It would have been obvious to apply the composition to both sides of the fabric in order to realize the benefits [0156] on both sides of the fabric.
Claim 21:
Rubin teaches acrylic adhesives (7:2). Acrylic used in this way refers to PMMA, a polymer of acrylic esters.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nair (US 2020/0216632) in view of Rubin (US 6492001 B1) in view of Kukoff (US 2750300).
Nair does not teach applying an adhesive over the resulting fabric article. However, it would have been obvious to apply an adhesive in order to attach decorative and/or functional elements to the fabric. For example, Kukoff teaches a method for applying an adhesive to a fabric in order to attach glitter discs for a decorative effect (col. 1-2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the method of Nair and further apply and adhesive to attach decorative and/or functional elements to the fabric.
Response to Arguments
Applicant's arguments filed 4/14/26 have been fully considered but they are not persuasive. Nair teaches the added limitation including discontinuous application [0199], solids content [0154], protrusion or asperities as a result of the inclusion of hollow glass particles [0156], hollow glass particle ratio [0177], and binder content [0175]. The Rubin reference is included for the purpose of teaching the adhesive, not the non-foamed aqueous composition as a flock substitute.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX A ROLLAND whose telephone number is (571)270-5355. The examiner can normally be reached M-F 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at 5712721234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX A ROLLAND/Primary Examiner, Art Unit 1759
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