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 Species 1 (Figs. 1-3 and 13-32; claims 1-17) in the reply filed on 9/5/2025 is acknowledged.
The first ground of traversal is that claims directed to the inventions are not identified. However, this is not found persuasive because a review of the claims reveals that claims 1-17 would apply to all species, with claims 11 and 17 claiming each specie in the alternative.
The second ground of traversal is that the restriction does not assert that there are distinct inventions as claimed. Again, a review of the claims reveals that claims 1-17 would apply to all species with claims 11 and 17 claiming each specie in the alternative (i.e. distinctly claiming each specie).
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-4, 10-13, 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 8,850,719 to Hawkinson.
Regarding claim 1, Hawkinson discloses a wearable article (Fig. 28A, using the sheet from Fig. 4C as the top sheet in Fig. 16) comprising: a nonwoven textile sheet (Fig. 4C) having a first portion (center portion) and a second portion (left portion) contiguous with the first portion; and a textile component (Fig. 16 – bottom layer); wherein the first portion has a first density and a first modulus of elasticity (relatively higher density/modulus of fused region); wherein the second portion has a second density less than the first density and has a second modulus of elasticity less than the first modulus of elasticity (relatively lower density/modulus of unfused region; Col. 19, lines 58-62); wherein fibers of the second portion of the nonwoven textile sheet are intertwined with fibers of the textile component to secure the second portion to the textile component (Fig. 16); and wherein the second portion of the nonwoven textile sheet contacts a surface of the textile component and the first portion is displaced from the surface by a cavity between the first portion and the surface (when the non-woven textile from Fig. 4C is used as the top layer in Fig. 16, a cavity is formed between the top and bottom layers as claimed). To the extent using the Fig. 4C layer in Fig. 16 is not clear, this would have been obvious to achieve desired material characteristics as taught by Hawkinson (Col. 19, lines 58-62).
Regarding claim 2, Hawkinson discloses wherein the wearable article includes a needle punched area where the fibers of the second portion of the nonwoven textile sheet are intertwined with the fibers of the textile component (Col. 14, lines 31-33).
Regarding claim 3, Hawkinson discloses wherein the fibers of the second portion of the nonwoven textile sheet are intertwined with the fibers of the textile component along a perimeter of the second portion of the nonwoven textile sheet (Col. 7, lines 40-45).
Regarding claim 4, Hawkinson discloses wherein the textile component underlies both the first portion and the second portion (Figs. 4C, 16).
Regarding claim 10, Hawkinson discloses wherein the second portion of the nonwoven textile sheet is secured to the textile component only by the intertwined fibers (via needle punching – Col. 7, lines 40-45).
Regarding claims 11 and 17, Hawkinson discloses wherein the wearable article is an article of footwear, an article of apparel, or a carry bag (Fig. 28A).
Regarding claim 12, Hawkinson discloses a wearable article (Fig. 28) comprising: a nonwoven textile sheet (Fig. 19D) having a first portion (center portion) and a second portion (left portion) contiguous with the first portion; wherein the first portion has a first density and a first modulus of elasticity (relatively higher density/modulus of fused region); wherein the second portion has a second density less than the first density and has a second modulus of elasticity less than the first modulus of elasticity (relatively lower density/modulus of unfused region; Col. 19, lines 58-62); wherein the first portion comprises multiple stacked nonwoven textile layers each including randomly disposed fibers (Fig. 19D); and wherein the multiple stacked nonwoven textile layers include a first nonwoven textile outer layer and a second nonwoven textile outer layer (Fig. 19D). Hawkinson fails to disclose three layers in Fig. 19D. However, elsewhere, Hawkinson discloses that using three layers is known (Col. 15, lines 43-45). It would have been obvious to one of ordinary skill to have used three layers in Fig. 19D to provide desired material properties, as taught by Hawkinson (Col. 19, lines 58-62). The combination includes at least one intermediate layer disposed between the first nonwoven textile outer layer and the second nonwoven textile outer layer.
Regarding claim 13, Hawkinson fails to disclose a tapered edge in Fig. 19D. However, elsewhere Hawkinson discloses that it is known to taper the edge of a portion of the layer (Fig. 6D). It would have been obvious to one of ordinary skill to have used a tapered middle portion because the modification only involves a simple substitution of one known, equivalent textile element shape for another to obtain predictable results. In the combination, the edge of the intermediate layer is tapered and the tapered edge is adjacent the second portion.
Regarding claim 15, the combination from claim 13 discloses wherein the edge that is tapered is beveled (Fig. 6D).
Allowable Subject Matter
Claims 5-9, 14 and 16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references disclose configurations similar to that disclosed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734