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 without traverse of Group I in the reply filed on 27 August 2026 (“Response”) is acknowledged.
Claims 10 and 11 and claims 12-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being respectively drawn to nonelected Group II and Group III, there being no allowable generic or linking claim.
Applicant’s election without traverse of Species Ia and Species IIa in the Response is acknowledged.
Claim 4 and claim 9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being respectively drawn to nonelected Species Ib and Species IIb, there being no allowable generic or linking claim.
Claims 1-3 and 5-8 are examined on the merits below.
Claim Interpretation
In view of ¶ 0012 of the (substitute) specification, cloth is not considered to include the various types of fabric materials named in said paragraph and not limited to just woven material. Activated carbon fabric material is considered to include both fabrics made using fibers of activated carbon and fabric supplemented with activated carbon particles.
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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 2016/0037839 A1 (“Vandenbosch”).
Considering claim 1, Vandenbosch discloses a glove comprising a rubber material 40 joined to a fabric material 26, wherein one layer of the fabric material contains adsorbents such as activated carbon. (Vandenbosch ¶¶ 0086-0090 and 0108-0111).
Claim Rejections - 35 USC § 102/103
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.
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 of this title, 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 2 and 3 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as unpatentable over Vandenbosch.
Considering claims 2 and 3, Vandenbosch is analogous art, for it is directed to the same field of endeavor as that of the instant application (fabric comprising an adsorption layer comprising activated carbon). Vandenbosch discloses that in certain embodiments, its fabric material may be a single layered material. (Vandenbosch ¶ 0091). In such a case, the joining of the rubber material 40 and the fabric material 26 is direct. A configuration in which adsorbent is located in a single layer is deemed disclosed with sufficient specificity, as the adsorbent is directly responsible for protection, which is a primary aim of the reference. (Id. ¶ 0089). Alternatively, combining the features is at least obvious in view of express disclosures. Vandenbosch further discloses that the penetration of rubber into the fabric is partial. (Id. ¶ 0110). Claims 2 and 3 are thus anticipated or rendered obvious.
Claims 1, 2, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as unpatentable over U.S. 2005/0076541 A1 (“von Blücher”).
Considering claim 1, Von Blücher discloses a wearable fabric comprising an outer layer 3 and an adsorption layer 5 comprising activated carbon, wherein the adsorption layer can be in the form of activated carbon cloth. (Von Blücher ¶¶ 0013, 0021, and 0034). In a particular embodiment, von Blücher discloses that outer layer 3 is made from various elastomers such as butyl rubber and states that these materials have the advantage of being inherently oleophobic and hydrophobic. (Id. ¶ 0028). Von Blücher is analogous art, for it is directed to the same field of endeavor as that of the instant application (multilayered fabric having a textile layer containing activated carbon). In view of the express statements in von Blücher re the embodiment using elastomer material, this embodiment is deemed to be disclosed with sufficient specificity, particularly in view of advantage conferred. Were this to be contested (not conceded), such an embodiment is obvious in view of the express statement.
Considering claim 2, in one embodiment, von Blücher discloses that the membrane is located between the inner layer 4 and the adsorption layer 5. (Id. ¶ 0022). In such a configuration, the outer layer 3 and the adsorption layer 5 are in direct contact and joined.
Considering claim 6, other layers such as any one of spacing layer 8 and inner layer 4 reads on the additional layer.
Considering claim 8, the fabric is planar at least prior to being shaped into a final wearable article.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 8 is rejected under 35 U.S.C. 103 as being unpatentable over von Blücher.
Considering claim 8, as an alternate to the above, various laminates similar to that of von Blücher have been made into planar articles or sheet articles (e.g. as in U.S. 2008/0216218 A1).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over von Blücher as applied to claim 1 above, and further in view of U.S. 2004/0078867 A1 (“Herbert”).
Considering claims 2 and 3, though von Blücher discloses placing a rubber outer layer immediately next to a fabric material, von Blücher does not teach the direct bonding of the two layers, wherein the material of the rubber layer does not fully permeate through the fabric material. However, in the art of rubber coated fabrics (in particular for gloves), Herbert teaches that it is advantageous to have a rubber material to permeate only partly into an underlying fabric as to retain pliability and mechanical properties of the fabric layer. (Herbert ¶ 0069). It would have been obvious, to a person of ordinary skill at the time of the claimed invention, to apply a rubber to the activated carbon cloth of von Blücher in the manner taught in Herbert, for the advantages taught in Herbert.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over von Blücher as applied to claim 1 above, and further in view of Vandenbosch.
Considering claim 5, von Blücher differs from the claimed invention, as it is silent re: provision of a textured first layer. However, in the art of protective gloves, it is known to provide textures to rubber materials to improve grip. (Vandenbosch ¶ 0083). It would have been obvious, to a person of ordinary skill at the time of the claimed invention, to provide texture to the rubber outer layer 3 of von Blücher, to improve grip.
Considering claim 7, Vandenbosch also teaches that in addition to activated carbon, silica gel and zeolites can also be used as adsorbents. (Id. ¶ 0090). Inclusion of other types of adsorbents in addition to activated carbon is thus obvious, under the rationales of MPEP 2144.06 I.
Concluding Remarks
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of U.S. 2008/0216218 A1 and U.S. 2007/0134486 A1 reads on at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zheren Jim Yang whose telephone number is (571)272-6604. The examiner can normally be reached M-F 10:30 - 7:30 ET.
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/Z. Jim Yang/Primary Examiner, Art Unit 1781
