DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16th, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-4 & 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Takagi et al. (JP 2007-136970 A) (hereinafter “Takagi”) in view of Blakely et al. (U.S. Patent No. 10,595,570 B1) (hereinafter “Blakely”) and Liu et al. (CN 107524026 A) (hereinafter “Liu”).
Regarding claims 1-4 and 6-7, Takagi teaches a moisture permeable waterproof fabric comprising a base (shell) fiber fabric adhesive laminated [0015, 0030-0032] to a spun nanofiber nonwoven [0016-0018] having a moisture permeability of greater than 20,000 g/m2/24hrs (20 kg/m2/24hrs) JIS L 1099 B1 potassium acetate method [0023, 0042], a water pressure resistance measured by JIS L 1092 (considered equivalent to AATCC 127) of greater than 2000 mm H2O, such as greater than 8000 mm H2O, but 20000 mm H2O or less, chosen based on the application [0025, 0028], and a Frazier air permeability (standard by ASTM D737) of preferably 0.1 cm3/cm2/s (0.2 CFM) or more and preferably 0.8 cm3/cm2/s (1.57 CFM) or less [0029], wherein an example comprises a breathable electrospun fabric having a basis weight of 11 g/m2 laminated to a polyester based fabric via a dot-patterned adhesive (glued) [0046-0048], wherein the moisture permeability is 36,500 (36.5 kg/m2/24hrs), air permeability is 0.6 cm3/cm2/s (about 1.2 CFM), and a water pressure resistance of 8,500 mm of H2O [0049], wherein “when, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is anticipated if one of them is in the prior art" Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985). See MPEP 2131.03 I. Furthermore, a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985). See MPEP 2144.05.
Further regarding claims 1-4, a shell fiber layer comprising nylon and polyester in the range(s) claimed is not taught.
Blakely teaches a composite fabric comprising an outer fabric layer having fibers/yarns comprising nylon, polyester, and/or elastane/spandex/lycra, wherein elastane/spandex/lycra are blended/mixed/combined with nylon and/or polyester to achieve a 2- or 4-way stretchable fabric (col. 4, line 38 – col. 5, line 5).
AND
Liu teaches a fabric woven out of four-way stretch nylon, polyester, and spandex and a dyeing process therefore [0001-0002, 0011], wherein the blending ratio by weight of the fabric is nylon at 60-74%, polyester at 20-40%, and spandex (elastane) at 5-12% [0036], wherein a fabric comprising elastane in an amount around lower limit would substantially anticipate or make obvious each of the more specific ranges (i.e. 62% nylon, 33% polyester, 5% elastane).
It would have been obvious to and motivated for one of ordinary skill in the art at the time of invention to look to the art for workable known polyester and/or polyamide-based fabric constructions usable in outdoor activities for stretch fabrics [Blakely] that are easily dyeable with low production costs and is highly soft and oil-resistant [Liu, 0009-0011].
Regarding claim 8, the breathable waterproof fabric can provide a lightweight textile for windbreakers, coats, jackets, ski wear, snowboard wear, tents, sleeping bags, among other uses [0013-0014].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Takagi in view of Blakely and Lu, as applied to claim 1 above, further in view of Auerbach, and optionally Haruta et al. (JP 2010-030289 A) (hereinafter “Haruta”).
Regarding claim 5, a an overall composite basis weight for the laminated polyester(/polyamide blend) fabric is not taught.
Auerbach teaches a waterproof yet moisture and vapor permeable laminated cloth as possible cold weather clothing system candidates, wherein the standard outer layer is a base/shell layer of a nylon cloth of 2.8 ± 0.2 oz/ sq yd (95 ± 6.78 gsm) basis weight and a barrier layer equivalent to the electrospun nonwoven of 0.5 ± 0.2 oz/ sq yd (17 ± 6.78 gsm) [pg. 22, Layer 4], wherein a composite fabric comprising those values would be about 112 gsm (in a range of about 98-125 gsm). While a lining/backing fabric of 1.5 ± 0.3 oz/ sq yd is also included and the heaviest overall weight is set to 5.9 oz/ sq yd (about 200 gsm) [pg. 22, Layer 4], Haruta teaches a first embodiment and a third embodiment, wherein the only structural difference is an additional layer laminated to the other side of the electrospun nonwoven [0079-0084 & 0088-0090], wherein the only property difference (other than the overall composite basis weight) is the lowered air permeability (and possibly a lower water resistance, but that is most likely governed substantially by the nonwoven layer), wherein the moisture permeability remained substantially unchanged. Furthermore, Haruta teaches that thickness and basis weight of the electrospun nonwoven web can be optimized for desired balance between relative water pressure resistance and relative moisture permeability and air permeability [0027-0029] along with the shell fabric (and optionally backing/liner fabric) for an overall optimized basis weight for the particular use desired.
It would have been obvious to one of ordinary skill in the art at the time of invention to optimize an overall fabric weight while maintaining the desired properties given the general knowledge in the art. One of ordinary skill in the art would have been motivated to provide the chosen properties at the lightest possible weight and well below the maximum weight of about 6.0 ox/sq yd [pg. 36, Appendix A].
Claims 1-4 & 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Sakashita et al. (JP 2014-100843 A) (hereinafter “Sakashita”) in view of Haruta et al. (JP 2010-030289 A) (hereinafter “Haruta”), Blakely et al. (U.S. Patent No. 10,595,570 B1) (hereinafter “Blakely”), and Liu et al. (CN 107524026 A) (hereinafter “Liu”).
Regarding claims 1-4 and 6-7, Sakashita teaches a composite fabric comprising a base layer of warp knitted fabric of polyester or polyamide (nylon) comprising a weight between 30 and 300 gsm [0030, 0039, 0051] pattern adhesively laminated to a nanofiber layer produced via electrospinning [0040, 0042, 0059], wherein a water pressure resistance is at least 8000 mm H20 as measured by JIS L 1092 (equivalent to AATCC 127), air permeability of above 0.4 cc/cm2/s (about 0.79 CFM), a moisture permeability of 8000 g/m2/day according to JIS L 1099 A-1 method [0019, 0034] for both a two-layer embodiment [0034, 0038-0041, 0049] and a three-layer embodiment additionally comprising a backing/protective layer [0053-0056], wherein an example comprises a warp knitted shell fabric having a basis weight of 160 g/m2, a water resistance of 10500 mm H20, and a moisture permeability of 33,700 g/m2/day as according to JIS L 1099 B-1 method [0068].
However, the air permeability of above 0.4 cc/cm2/s, which is improved over the conventional lower limit of 0.2 cc/cm2/s [0003, 0005] is not disclosed in combination with any method of measurement.
Haruta teaches a laminated fabric/composite cloth comprising a high air/moisture permeabilty and waterproofness, wherein the laminated fabric comprises a base fabric and a spun nanofiber web and has a water pressure resistance as measured by JIS L 1092 (equivalent to AATCC 127) is preferably 10 kPa, more preferably above 20 kPa and below 500 kPa (between ~2040 and 51000 mm H2O) wherein resistance to water/rain penetration is balanced with preventing a hardening of texture [0054, 0057, 0072], a moisture permeability according to the A-1 method is 6000 g/m2/24hr, most preferably 10000 g/m2/24hr lessen steaminess and 14,000 g/m2/24hr or less to prevent processing cost increase [0055], and a moisture permeability according to the B-1 method is 15,000 g/m2/24hr or more, preferably above 20,000 g/m2/24hr to lessen dew condensation and 60,000 g/m2/24hr or less to prevent processing cost increase [0057], and comprises a Frazier air permeability of 0.1 cm3/cm2/s or more (0.2 CFM), preferably 0.3 cm3/cm2/s or more (0.6 CFM) for improved moisture desorption and heat dissipation and excellent wearing comfort [0058], wherein the dotted adhesive would be adjusted to provide a reduced decrease in air and moisture permeability, wherein a laminated fabric can comprise a two-layer fabric or a three-layer fabric having a backing fabric layer laminated to the opposing side of the spun nanofiber web [0042], wherein the only property difference (other than the overall composite basis weight) is the lowered air permeability (and possibly a lower water resistance, but that is most likely governed substantially by the nonwoven layer), wherein the moisture permeabilities remained substantially unchanged.
It would have been obvious to one of ordinary skill in the art at the time of invention provide a laminated fabric with a Frazier air permeability within the claimed range (and a moisture permeability according to the B-1 method within the claimed range). One of ordinary skill in the art would have been motivated to look to the art for the particular units/measurement system for the air permeability to be improved upon (and been motivated to lessen steaminess/A-1 method along with lessening dew condensation/B-1 without increasing production costs).
Further regarding claims 1-4, a shell fiber layer comprising nylon and polyester in the range(s) claimed is not taught.
Blakely teaches a composite fabric comprising an outer fabric layer having fibers/yarns comprising nylon, polyester, and/or elastane/spandex/lycra, wherein elastane/spandex/lycra are blended/mixed/combined with nylon and/or polyester to achieve a 2- or 4-way stretchable fabric (col. 4, line 38 – col. 5, line 5).
AND
Liu teaches a fabric woven out of four-way stretch nylon, polyester, and spandex and a dyeing process therefore [0001-0002, 0011], wherein the blending ratio by weight of the fabric is nylon at 60-74%, polyester at 20-40%, and spandex (elastane) at 5-12% [0036], wherein a fabric comprising elastane in an amount around lower limit would substantially anticipate or make obvious each of the more specific ranges (i.e. 62% nylon, 33% polyester, 5% elastane).
It would have been obvious to and motivated for one of ordinary skill in the art at the time of invention to look to the art for workable known polyester and/or polyamide-based fabric constructions usable in outdoor activities for stretch fabrics [Blakely] that are easily dyeable with low production costs and is highly soft and oil-resistant [Liu, 0009-0011].
Regarding claim 8, the breathable and waterproof laminated fabric is useful for outerwear clothing, such as rain gear, mountaineering clothing, sportswear, and work clothes [0004], specifically in the form of a jacket [0093].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Sakashita in view of Haruta, Blakely, and Lu, as applied to claim 1 above, further in view of Auerbach, and optionally Jenkins (High-Performance Apparel – Chapter 18) (hereinafter “Jenkins”).
Regarding claim 5, a an overall composite basis weight for the laminated polyester(/polyamide blend) fabric is not taught.
Auerbach teaches a waterproof yet moisture and vapor permeable laminated cloth as possible cold weather clothing system candidates, wherein the standard outer layer is a base/shell layer of a nylon cloth of 2.8 ± 0.2 oz/ sq yd (95 ± 6.78 gsm) basis weight and a barrier layer equivalent to the electrospun nonwoven of 0.5 ± 0.2 oz/ sq yd (17 ± 6.78 gsm) [pg. 22, Layer 4], wherein a composite fabric comprising those values would be about 112 gsm (in a range of about 98-125 gsm). While a lining/backing fabric of 1.5 ± 0.3 oz/ sq yd is also included and the heaviest overall weight is set to 5.9 oz/ sq yd (about 200 gsm) [pg. 22, Layer 4], Haruta teaches a first embodiment and a third embodiment, wherein the only structural difference is an additional layer laminated to the other side of the electrospun nonwoven [0079-0084 & 0088-0090], wherein the only property difference (other than the overall composite basis weight) is the lowered air permeability (and possibly a lower water resistance, but that is most likely governed substantially by the nonwoven layer), wherein the moisture permeability remained substantially unchanged.
Furthermore, Jenkins teaches outdoor garments, wherein shell fabrics are outer layer laminates intended to protect the inner layers (and wearer) from ingress by water and wind, such as in the form of a jacket, wherein the base fabric is usually a nylon or polyester (i.e. 100 wt%), although blends of 85 wt% nylon and 15 wt% polyester or 87 wt% nylon and 13 wt% elastane are known and available [Table 18.4], wherein 2-layer laminates are a classic shell fabric that is used in most entry- to mid-level hill walking and mountaineering jackets, 2.5 layers laminates further comprise a protective raised pattern which removes the need for a lining, reducing garment weight and making it appropriate for fast and light activities such as fell running and mountain biking, and 3 layer laminates including a soft knitted backing that results in a heavier (but more durable) fabric [pgs. 436-437].
It would have been obvious to one of ordinary skill in the art at the time of invention to optimize an overall fabric weight while maintaining the desired properties given the general knowledge in the art. One of ordinary skill in the art would have been motivated to provide the chosen properties at the lightest possible weight for certain types of garments [Jenkins] and well below the maximum weight of about 6.0 ox/sq yd [pg. 36, Appendix A].
Claims 1-4, 6-12, & 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Takagi et al. (JP 2007-136970 A) (hereinafter “Takagi”) in view of Lankes and K&M Textile (Polyester Nylon Blend Fabric) (hereinafter “K&M”).
Regarding claims 1-4, 6-12, and 14-15, Takagi teaches a moisture permeable waterproof fabric comprising a base (shell) fiber fabric adhesive laminated [0015, 0030-0032] to a spun nanofiber nonwoven [0016-0018] having a moisture permeability of greater than 20,000 g/m2/24hrs (20 kg/m2/24hrs) JIS L 1099 B1 potassium acetate method [0023, 0042], a water pressure resistance measured by JIS L 1092 (considered equivalent to AATCC 127) of greater than 2000 mm H2O, such as greater than 8000 mm H2O, but 20000 mm H2O or less, chosen based on the application [0025, 0028], and a Frazier air permeability (standard by ASTM D737) of preferably 0.1 cm3/cm2/s (0.2 CFM) or more and preferably 0.8 cm3/cm2/s (1.57 CFM) or less [0029], wherein an example comprises a breathable electrospun fabric having a basis weight of 11 g/m2 laminated to a polyester based fabric via a dot-patterned adhesive (glued) [0046-0048], wherein the moisture permeability is 36,500 (36.5 kg/m2/24hrs), air permeability is 0.6 cm3/cm2/s (about 1.2 CFM), and a water pressure resistance of 8,500 mm of H2O [0049], wherein “when, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is anticipated if one of them is in the prior art" Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985). See MPEP 2131.03 I. Furthermore, a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985). See MPEP 2144.05.
Further regarding claims 1-4 and 9-12, a shell fiber layer comprising nylon and polyester in the range(s) claimed is not taught.
Lankes teaches a waterproof breathable outdoor garment fabric [0001, 0012, 0056-0057] comprising an outer layer of nylon (~100 wt%), polyester (~100 wt%) or an unknown combination thereof, wherein nylon provides good abrasion resistance and some hydrophobic properties (slight water absorbance) and polyester provides less abrasion resistance and good hydrophobic properties, wherein K&M teaches a 50/50 wt% polyester nylon blend fabric that offers superior performance and durability resulting in a fabric that is lightweight, strong, and sturdy by combining the best qualities of the two fibers. However, it would have been obvious to optimize an imbalanced blend to favor either nylon or polyester (i.e. any value for polyester/nylon or nylon/polyester being within a range of about 60/40 to 85/15 wt%) depending on what the most desired emphasized quality is for the imbalanced blend, with an emphasis on nylon for abrasion resistance [Lankes], and other well-known qualities such as strength, softness/silkiness, elasticity, and durability, and on polyester for hydrophobicity [Lankes], and other well-known qualities such as dyeability, cost-effectiveness, dimensional stability, and UV resistance.
Regarding claims 8 and 16, the breathable waterproof fabric can provide a lightweight textile for windbreakers, coats, jackets, ski wear, snowboard wear, tents, sleeping bags, among other uses [0013-0014].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Takagi in view of Lankes and K&M, as applied to claim 1 above, further in view of Auerbach, and Haruta et al. (JP 2010-030289 A) (hereinafter “Haruta”).
Regarding claim 5, a an overall composite basis weight for the laminated polyester(/polyamide blend) fabric is not taught.
Auerbach teaches a waterproof yet moisture and vapor permeable laminated cloth as possible cold weather clothing system candidates, wherein the standard outer layer is a base/shell layer of a nylon cloth of 2.8 ± 0.2 oz/ sq yd (95 ± 6.78 gsm) basis weight and a barrier layer equivalent to the electrospun nonwoven of 0.5 ± 0.2 oz/ sq yd (17 ± 6.78 gsm) [pg. 22, Layer 4], wherein a composite fabric comprising those values would be about 112 gsm (in a range of about 98-125 gsm). While a lining/backing fabric of 1.5 ± 0.3 oz/ sq yd is also included and the heaviest overall weight is set to 5.9 oz/ sq yd (about 200 gsm) [pg. 22, Layer 4], Haruta teaches a first embodiment and a third embodiment, wherein the only structural difference is an additional layer laminated to the other side of the electrospun nonwoven [0079-0084 & 0088-0090], wherein the only property difference (other than the overall composite basis weight) is the lowered air permeability (and possibly a lower water resistance, but that is most likely governed substantially by the nonwoven layer), wherein the moisture permeability remained substantially unchanged. Furthermore, Haruta teaches that thickness and basis weight of the electrospun nonwoven web can be optimized for desired balance between relative water pressure resistance and relative moisture permeability and air permeability [0027-0029] along with the shell fabric (and optionally backing/liner fabric) for an overall optimized basis weight for the particular use desired.
It would have been obvious to one of ordinary skill in the art at the time of invention to optimize an overall fabric weight while maintaining the desired properties given the general knowledge in the art. One of ordinary skill in the art would have been motivated to provide the chosen properties at the lightest possible weight and well below the maximum weight of about 6.0 ox/sq yd [pg. 36, Appendix A].
Claims 1-4, 6-12, & 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sakashita et al. (JP 2014-100843 A) (hereinafter “Sakashita”) in view of Haruta et al. (JP 2010-030289 A) (hereinafter “Haruta”), Lankes, and K&M Textile (Polyester Nylon Blend Fabric) (hereinafter “K&M”).
Regarding claims 1-4, 6-12, and 14-15, Sakashita teaches a composite fabric comprising a base layer of warp knitted fabric of polyester or polyamide (nylon) comprising a weight between 30 and 300 gsm [0030, 0039, 0051] pattern adhesively laminated to a nanofiber layer produced via electrospinning [0040, 0042, 0059], wherein a water pressure resistance is at least 8000 mm H20 as measured by JIS L 1092 (equivalent to AATCC 127), air permeability of above 0.4 cc/cm2/s (about 0.79 CFM), a moisture permeability of 8000 g/m2/day according to JIS L 1099 A-1 method [0019, 0034] for both a two-layer embodiment [0034, 0038-0041, 0049] and a three-layer embodiment additionally comprising a backing/protective layer [0053-0056], wherein an example comprises a warp knitted shell fabric having a basis weight of 160 g/m2, a water resistance of 10500 mm H20, and a moisture permeability of 33,700 g/m2/day as according to JIS L 1099 B-1 method [0068].
However, the air permeability of above 0.4 cc/cm2/s, which is improved over the conventional lower limit of 0.2 cc/cm2/s [0003, 0005] is not disclosed in combination with any method of measurement.
Haruta teaches a laminated fabric/composite cloth comprising a high air/moisture permeabilty and waterproofness, wherein the laminated fabric comprises a base fabric and a spun nanofiber web and has a water pressure resistance as measured by JIS L 1092 (equivalent to AATCC 127) is preferably 10 kPa, more preferably above 20 kPa and below 500 kPa (between ~2040 and 51000 mm H2O) wherein resistance to water/rain penetration is balanced with preventing a hardening of texture [0054, 0057, 0072], a moisture permeability according to the A-1 method is 6000 g/m2/24hr, most preferably 10000 g/m2/24hr lessen steaminess and 14,000 g/m2/24hr or less to prevent processing cost increase [0055], and a moisture permeability according to the B-1 method is 15,000 g/m2/24hr or more, preferably above 20,000 g/m2/24hr to lessen dew condensation and 60,000 g/m2/24hr or less to prevent processing cost increase [0057], and comprises a Frazier air permeability of 0.1 cm3/cm2/s or more (0.2 CFM), preferably 0.3 cm3/cm2/s or more (0.6 CFM) for improved moisture desorption and heat dissipation and excellent wearing comfort [0058], wherein the dotted adhesive would be adjusted to provide a reduced decrease in air and moisture permeability, wherein a laminated fabric can comprise a two-layer fabric or a three-layer fabric having a backing fabric layer laminated to the opposing side of the spun nanofiber web [0042], wherein the only property difference (other than the overall composite basis weight) is the lowered air permeability (and possibly a lower water resistance, but that is most likely governed substantially by the nonwoven layer), wherein the moisture permeabilities remained substantially unchanged.
It would have been obvious to one of ordinary skill in the art at the time of invention provide a laminated fabric with a Frazier air permeability within the claimed range (and a moisture permeability according to the B-1 method within the claimed range). One of ordinary skill in the art would have been motivated to look to the art for the particular units/measurement system for the air permeability to be improved upon (and been motivated to lessen steaminess/A-1 method along with lessening dew condensation/B-1 without increasing production costs).
Further regarding claims 1-4 and 9-12, a shell fiber layer comprising nylon and polyester in the range(s) claimed is not taught.
Lankes teaches a waterproof breathable outdoor garment fabric [0001, 0012, 0056-0057] comprising an outer layer of nylon (~100 wt%), polyester (~100 wt%) or an unknown combination thereof, wherein nylon provides good abrasion resistance and some hydrophobic properties (slight water absorbance) and polyester provides less abrasion resistance and good hydrophobic properties, wherein K&M teaches a 50/50 wt% polyester nylon blend fabric that offers superior performance and durability resulting in a fabric that is lightweight, strong, and sturdy by combining the best qualities of the two fibers. However, it would have been obvious to optimize an imbalanced blend to favor either nylon or polyester (i.e. any value for polyester/nylon or nylon/polyester being within a range of about 60/40 to 85/15 wt%) depending on what the most desired emphasized quality is for the imbalanced blend, with an emphasis on nylon for abrasion resistance [Lankes], and other well-known qualities such as strength, softness/silkiness, elasticity, and durability, and on polyester for hydrophobicity [Lankes], and other well-known qualities such as dyeability, cost-effectiveness, dimensional stability, and UV resistance.
Regarding claims 8 and 16, the breathable and waterproof laminated fabric is useful for outerwear clothing, such as rain gear, mountaineering clothing, sportswear, and work clothes [0004], specifically in the form of a jacket [0093].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Sakashita in view of Haruta, Lankes, and K&M, as applied to claim 1 above, further in view of Auerbach, and optionally Jenkins (High-Performance Apparel – Chapter 18) (hereinafter “Jenkins”).
Regarding claim 5, a an overall composite basis weight for the laminated polyester(/polyamide blend) fabric is not taught.
Auerbach teaches a waterproof yet moisture and vapor permeable laminated cloth as possible cold weather clothing system candidates, wherein the standard outer layer is a base/shell layer of a nylon cloth of 2.8 ± 0.2 oz/ sq yd (95 ± 6.78 gsm) basis weight and a barrier layer equivalent to the electrospun nonwoven of 0.5 ± 0.2 oz/ sq yd (17 ± 6.78 gsm) [pg. 22, Layer 4], wherein a composite fabric comprising those values would be about 112 gsm (in a range of about 98-125 gsm). While a lining/backing fabric of 1.5 ± 0.3 oz/ sq yd is also included and the heaviest overall weight is set to 5.9 oz/ sq yd (about 200 gsm) [pg. 22, Layer 4], Haruta teaches a first embodiment and a third embodiment, wherein the only structural difference is an additional layer laminated to the other side of the electrospun nonwoven [0079-0084 & 0088-0090], wherein the only property difference (other than the overall composite basis weight) is the lowered air permeability (and possibly a lower water resistance, but that is most likely governed substantially by the nonwoven layer), wherein the moisture permeability remained substantially unchanged.
Furthermore, Jenkins teaches outdoor garments, wherein shell fabrics are outer layer laminates intended to protect the inner layers (and wearer) from ingress by water and wind, such as in the form of a jacket, wherein the base fabric is usually a nylon or polyester (i.e. 100 wt%), although blends of 85 wt% nylon and 15 wt% polyester or 87 wt% nylon and 13 wt% elastane are known and available [Table 18.4], wherein 2-layer laminates are a classic shell fabric that is used in most entry- to mid-level hill walking and mountaineering jackets, 2.5 layers laminates further comprise a protective raised pattern which removes the need for a lining, reducing garment weight and making it appropriate for fast and light activities such as fell running and mountain biking, and 3 layer laminates including a soft knitted backing that results in a heavier (but more durable) fabric [pgs. 436-437].
It would have been obvious to one of ordinary skill in the art at the time of invention to optimize an overall fabric weight while maintaining the desired properties given the general knowledge in the art. One of ordinary skill in the art would have been motivated to provide the chosen properties at the lightest possible weight for certain types of garments [Jenkins] and well below the maximum weight of about 6.0 ox/sq yd [pg. 36, Appendix A].
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JEFFREY A VONCH whose telephone number is (571)270-1134. The Examiner can normally be reached M-F 9:30-6:00.
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, Frank J Vineis can be reached at (571)270-1547. 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.
/JEFFREY A VONCH/Primary Examiner, Art Unit 1781 August 21st, 2026
