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
Claims 1-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/24/2026.
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 6-8, 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sakurai, US 20250296292 in view of Shuckerow, US 20220175100.
Regarding claim 6, Sakurai discloses: A method of manufacturing a bag for storing cosmetic products (intended use), the method comprising:
obtaining a cotton textile ([0052], “cotton”; [0099-0100], “cotton”); bonding a water-resistant membrane (Figs. 1-4e, water-repellent layer (5)) to a surface of the cotton textile (see 4A-4E; [0129] “After the inner fabric was bonded to the nanofiber nonwoven fabric, the front face of the nanofiber nonwoven fabric was subjected to a water-repellent treatment.”; [0131] “The nanofiber nonwoven fabric whose front layer was subjected to the water-repellent treatment was bonded to the outer fabric”), wherein the water-resistant membrane comprises thermoplastic polyurethane, TUP, and polyethylene terephthalate, PET ([0092], “As materials used to manufacture the nanofiber nonwoven fabric, polymer materials such as polyurethane, polyester, nylon, polyethylene terephthalate, recycled polyester, polylactic acid, polyacrylonitrile, polyvinylidene fluoride, and crosslinked polyvinyl alcohol can be used. However, thermoplastic polyurethane is preferable considering flexibility and stretchability. The thermoplastic polyurethane may be polyester-based polyurethane such as “Elastollan ET680-15 MS” (product name) manufactured by BASF, or polyether-based polyurethane such as “Elastollan ET385”(product name) manufactured by BASF. The nanofiber materials can be dissolved with any solvent suitable to dissolve polymer materials of the nanofiber materials.”); and
Sakurai does not explicitly disclose: manufacturing a bag using the water-resistant material, wherein the bag comprises an inner surface, and wherein the water-resistant layer is arranged on the inner surface of the bag.
Shuckerow teaches: manufacturing a bag using the water-resistant material, wherein the bag comprises an inner surface, and wherein the water-resistant layer is arranged on the inner surface of the bag (see Fig. 6, further described in [0018] “The third and fourth walls of the second compartment can include (at least) three layers to provide heat containment and insulation, protection from explosion, and protection of the environment outside the helmet bag. For example, an inner layer arranged closet to the second cavity, an outer layer arranged farthest from the second cavity, and a middle layer positioned between the inner layer and the outer layer. FIG. 6 shows an example of the third wall 112 and the fourth wall 114, and an example of the arrangement of layers that are used to construct the third wall 112 and the fourth wall 114. Still referring to FIG. 6, the third wall 112 includes an outer layer 612, a middle layer 610, and an inner layer 608; the fourth wall 114 includes an inner layer 606, a middle layer 604, and an outer layer 602. In some embodiments, additional layers are used to form the third and fourth walls. The inner layers of the third and fourth walls of the second compartment (near the second cavity) can be a heat-shielding and fire-resistant layer. For example, the inner layers can be an insulation layer comprising fiberglass capable of withstanding high temperatures and containing the maximum temperature a lithium battery will reach when undergoing thermal runaway. For example, in some embodiments the inner layer comprises Prepreg 7781 E-glass available from Fibre Glast Developments Corporation, Brookville, Ohio:”).
Therefore, it would have been obvious to one having ordinary skill in the art before the time of filing to utilize the material as disclosed in Sakurai in combination with the bag design as taught by Shukerow, thereby combining prior art elements to achieve a predictable result. The benefit of this alteration is that it combines the benefits of the Sakurai material, which imparts water resistance, into the bag of Shuckerow, making the bag more useful to the owner.
Regarding claim 7, the modified Sakurai further discloses: the water-resistant membrane is a laminate comprising a TUP base layer and a PET surface layer ([0092]).
Regarding claim 8, the modified Sakurai further discloses the device of claim 6.
The modified Sakurai does not explicitly disclose: the cotton textile has a thread count of over 20, preferably wherein the cotton textile has a thread count of over 50.
It would have been obvious to one having ordinary skill in the art at the time before filing to select an appropriate thread count for the required purpose, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, the applicant has not disclosed any criticality for the specifically claimed limitations of above 20 and 50 thread count, merely that a higher thread count is beneficial. The Examiner would further note that the claimed thread counts are bizarrely low when compared to other items made of cotton. Normal cotton sheets generally have a thread count range of between 150-600. As such, the Examiner would ask the Applicant to review the specification and determine what the appropriate units for measuring the thread count.
Regarding claim 10, the modified Sakurai further discloses: scouring the cotton textile at a pH between 9 and 10 to remove impurities prior to bonding the TUP membrane ([0125], “The fabric was subjected to scouring, presetting, dyeing, water repellent treatment, and heat setting, and the treated fabric was used as an outer fabric.”).
Regarding claim 11, the modified Sakurai further discloses: bonding the water-resistant membrane (Figs. 1-4e, water-repellent layer (5)) to the surface comprises adhering the water-resistant membrane to the cotton (see Figs. 1-4e; further see [0052] “Next, an adhesive is partially applied to a face of an outer fabric to partially bond the outer fabric to the nanofiber nonwoven fabric”; further see [0104] “FIGS. 4A to 4E are schematic cross-sectional process diagrams illustrating a method for manufacturing a moisture-permeable waterproof laminated fabric of a 3-layer structure according to an embodiment of the present invention. First, as illustrated in FIG. 4A, an adhesive is partially applied to a face of an inner fabric layer to bond the inner fabric 10 and a nanofiber nonwoven fabric 3 together with a partially-bonding portion 8. As a result, the state of FIG. 4B is obtained. Next, as illustrated in FIG. 4C, a water repellent agent is partially applied to the nanofiber nonwoven fabric layer 3, and cured by aging to form a water-repellent layer 5. Next, as illustrated in FIG. 4D, an adhesive is partially applied to a face of an outer fabric layer 2 to bond the outer fabric layer 2 and the nanofiber nonwoven fabric layer 3 together with a partially-bonding portion 4. As a result, the state of FIG. 4E is obtained, and a moisture-permeable waterproof laminated fabric 9 is obtained.”) textile using reactive polyurethane adhesive ([0038] “The adhesive may be polyurethane-based, polyester-based, polyamide-based, acrylic-based, silicone-based, or inorganic. The adhesive is not limited but preferably has excellent compatibility with the nanofiber nonwoven fabric. For example, if the nanofiber is polyurethane, the adhesive is preferably urethane-based. A moisture-curing urethane binder is much preferable because it not only can be used at a low temperature and thus can bond the nanofiber nonwoven fabric without impairing its structure, but also does not need a solvent for bonding and thus has a small environmental load. The amount of the adhesive applied is preferably 2 to 20 g/m.sup.2, more preferably 3 to 15 g/m.sup.2, and further preferably 4 to 12 g/m.sup.2. Because these ranges of application amount allow high bonding strength between the nanofiber nonwoven fabric and the outer fabric to be maintained, they do not peel off each other during practical use. Further, these ranges allow the moisture permeability and the air permeability to be maintained, and allow good texture to be maintained.”).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sakurai, US 20250296292 in view of Shuckerow, US 20220175100, further in view of Shou, US 20230233997.
Regarding claim 9, the modified Sakurai discloses the device of claim 6.
The modified Sakurai does not explicitly disclose: desizing the cotton textile to remove size material prior to bonding the water-resistant membrane.
Shou teaches: desizing the cotton textile to remove size material prior to bonding the water-resistant membrane ([0175], “Firstly, the fabrics was treated via conventional desizing, scouring, and bleaching processes prior to further processing.”).
Therefore, it would have been obvious to one having ordinary skill in the art before the time of filing to utilize the material preparation techniques as taught by Shou in combination with the material of Sakurai, thereby combining prior art elements to achieve a predictable result. This instance of combination merely applies commonly used material preparation techniques to the current art. The Examiner would note that these techniques are so extremely common that they are often assumed and not explicitly discussed in the limited language of a specification. The Sakurai disclosure discusses similar processes which are usually used hand in hand with “desising” – [0125], “The fabric was subjected to scouring, presetting, dyeing, water repellent treatment, and heat setting”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Arifoglu, US 20260124826 , utilizes similar, yet different material preparation techniques.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731
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