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 .
Response to Amendment
This is in response to amendment received on 09/08/26. Claims 12, 13, 16 and 19 have been amended, claims 6-7, 15 and 18 are withdrawn and claims 10-11 are cancelled. Claims 1-5, 8-9, 12-14, 16-7, 19 and 20 are examined herein.
Specification
The use of the terms KEVLAR (three instances), which is a trade names or mark used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be entirely capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claims 13 and 19, it is unclear where the gaps are located on the garment since, they are located based upon variable human anatomy, variable high rates of perspiration and metabolic heat transfer of a human body and not garment structure.
Any remaining claims are rejected depending from a rejected base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aldridge (US 5,860,163).
In regard to claim 20, Aldridge teaches an outer shell for a firefighter protective garment (figures 1-6, outer shell layer: 12 or 52), the firefighter protective garment comprising at least one liner (liner: 16 or 54), the outer shell comprising: an inner surface contacting said at least one liner when the outer shell is attached to said at least one liner (see figure 1 and 6 show liner and shell contacting each other at attachments); an outer surface defining an outermost surface of the firefighter protective garment (see outer shell 12 or 52 outer surface: figures 1 and 6); and an array of spacer pads distributed across the inner surface of the outer shell (spacer pads/insulating beads: 18 or 60, column 4, lines 60-65 and column 5, lines 29-39), the array of spacer pads being positioned to maintain a gap between said at least one liner and the outer shell (see figures 1, 5 and 6; column 3, lines 38-43), each spacer pad of the array of spacer pads being separated one from another by at least one air circulation channel (column 3, lines 38-43).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-5, 8-9, 12-14, 16-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbeau et al. (US 10,245,454) in view of Aldridge (US 5, 860,163).
In regard to claim 1, Barbeau et al. teaches a firefighter protective garment (see abstract), comprising: a first liner defining an innermost layer of the firefighter protective garment (thermal barrier: 16); a second liner extending over the first liner (moisture barrier: 14); an outer shell defining an outermost layer of the firefighter protective garment and extending over the second liner (outer shell: 12), the outer shell having an inner surface and an outer surface (outer shell: 12 has inner and outer surface); and an array of spacer pads distributed across the inner surface of the first liner (spacer elements: 18), the array of spacer pads being positioned to maintain a gap between the first liner and the user’s body (column 3, lines 39-42), each spacer pad of the array of spacer pads being separated one from another by at least one air circulation channel (column 4, lines 50-58).
However, Barbeau et al. fails to teach the spacer pads being distributed across an inner surface of the outer shell to maintain a gap between the second liner and the outer shell.
Aldridge teaches placing spacer pads distributed across an inner surface of an outer shell to maintain a gap between the second liner and the outer shell (spacer pads/insulating beads: 18 or 16, figures 1, 5 or 6 and column 4, lines 62-65).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the spacer pads of Barbeau et al. additionally positioned between the outer shell and middle/second liner as taught by Aldridge, since the firefighters coat of Barbeau et al. provided with the spacer pads additionally between the outer shell and second liner/middle layer would provide a firefighter’s coat that has a ventilation zone between the outer layer and middle layer to assist with moisture vapor transport from the wearer and promotes breathability of the garment to a greater extent by providing an additional air gap layer between the multi-layered garment.
In regard to claim 2, Barbeau et al. teaches wherein the first liner is a thermal barrier (thermal barrier: 16).
In regard to claim 3, Barbeau et al. teaches wherein the second liner is a moisture barrier (moisture barrier: 14).
In regard to claim 4, Barbeau et al. teaches wherein the array of spacer pads is distributed into first and second neighboring columns in a back region of the firefighter's body (see figure 4, spacer elements: 18 are in first and second neighboring columns in the back).
In regard to claim 5, Barbeau et al. teaches wherein the first and second neighboring columns each comprises 6 spacer pads (see figure 4, spacer pads: 18 is first and second columns have 6 spacer pads along the back of the garment).
In regard to claim 8, Barbeau et al. teaches wherein the array of spacer pads is permeable to air, water vapor and liquid water (column 5, lines 16-17).
In regard to claim 9, Barbeau et al. teaches wherein each spacer pad is made of closed cell foam (column 5, lines 9-12).
In regard to claim 12, Barbeau et al. teaches further comprising a mesh fabric at least partially covering each spacer pad (mesh: column 4, lines 54-56 and column 5, lines 21-22), the mesh fabric decreasing the THL value of the firefighter protective garment and increasing the TPP value of the firefighter protective coat (see column 2, lines 4-10, mesh fabric meets this as stated in applicant’s specification in page 12, lines 16-18).
In regard to claim 13, Barbeau et al. teaches wherein the gap is aligned with areas of high rates of perspiration and metabolic heat transfer of a firefighter's body when the firefighter protective garment is worn by the user (column 4, lines 62-64).
In regard to claim 14, Barbeau et al. teaches wherein the firefighter protective garment comprises a firefighter protective coat (claims detail garment being a firefighter coat).
In regard to claim 16, Barbeau et al. teaches a firefighter protective garment (see abstract), comprising: a first liner defining an innermost layer of the firefighter protective garment (thermal barrier: 16); a second liner extending over the first liner (moisture barrier: 14); an outer shell defining an outermost layer of the firefighter protective garment and extending over the second liner (outer shell: 12), the outer shell having an inner surface and an outer surface (outer shell: 12 has inner and outer surface); and an array of spacer pads distributed across the inner surface of the first liner (spacer elements: 18), the array of spacer pads being positioned to maintain a gap between the first liner and the user’s body (column 3, lines 39-42), each spacer pad of the array of spacer pads being separated one from another by at least one air circulation channel (column 4, lines 50-58); and a mesh fabric at least partially extending over the array of spacer pads(mesh: column 4, lines 54-56 and column 5, lines 21-22), said at least one portion being aligned with areas of high rates of perspiration and metabolic heat transfer of a firefighter's body when the firefighter protective garment is worn by the firefighter (column 4, lines 62-64), wherein the areas of high rates of perspiration and metabolic heat transfer comprise at least one of the front torso of the firefighter, the back of the firefighter (see figure 1 and 4, back of firefighter: column 4, lines 62-64), a side torso of the firefighter, arms of the firefighter, or upper legs of the firefighter, the mesh fabric decreasing the THL value of the firefighter protective garment and increasing the TPP value of the firefighter protective coat (see column 2, lines 4-10, mesh fabric meets this as stated in applicant’s specification in page 12, lines 16-18).
However, Barbeau et al. fails to teach the spacer pads being distributed across an inner surface of the outer shell to maintain a gap between the second liner and the outer shell and the mesh that extends over the spacer pads being over the inner surface of the outer shell.
Aldridge teaches placing spacer pads distributed across an inner surface of an outer shell to maintain a gap between the second liner and the outer shell (spacer pads/insulating beads: 18 or 16, figures 1, 5 or 6 and column 4, lines 62-65); the spacer pads being located between the second liner and the outer shell would provide the mesh of Barbeau et al. to be located along an inner surface of the outer shell (see column 4, lines 62-65 of Aldridge and figure 1, mesh: 22).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the spacer pads of Barbeau et al. additionally positioned between the outer shell and middle/second liner as taught by Aldridge, since the firefighters coat of Barbeau et al. provided with the spacer pads additionally between the outer shell and second liner/middle layer would provide a firefighter’s coat that has a ventilation zone between the outer layer and middle layer to assist with moisture vapor transport from the wearer and promotes breathability of the garment to a greater extent by providing an additional air gap layer between the multi-layered garment.
In regard to claim 17, Barbeau et al. teaches wherein the first liner is a thermal barrier and the second liner is a moisture barrier (thermal barrier: 16 and moisture barrier: 14).
In regard to claim 19, Barbeau et al. teaches wherein the gap is aligned with areas of high rates of perspiration and metabolic heat transfer of a firefighter's body when the firefighter protective garment is worn by the user (column 4, lines 62-64).
Response to Arguments
Applicant's arguments filed 09/08/26 have been fully considered but they are not persuasive.
Applicant remarks that Aldridge (US 5,860,163) fails to teach an array of spacer pads distributed across an inner surface of the outer shell to maintain a gap between the liner and the shell, since Alridge teaches beads as part of the thermal liner not spacer pads.
Aldridge teaches in column 4, lines 60-65 that beads/pads are bonded to the outer shell. The beads of Alridge are to provide an air gap between layers to provide thermal protection to the wearer (column 2, lines 50-54 and column 5, lines 7-24). The beads of Aldridge are formed in an array and arranged in a shape, size and density as discussed in column 5, lines 17-27. Claim 20 does not require any limitations that would differentiate the spacer pads as claimed from the insulating beads of Aldrige.
Applicant remarks that the rejection of Barbeau et al., in view of Aldridge has not provided the articulated reasoning required to modify Barbeau in the manner claimed. Relocating or duplicating Barbeau's spacer-pad system from the innermost thermal-barrier/body interface to the outer-shell/second-liner interface would change the functional architecture of Barbeau's disclosed garment. Barbeau uses its spacers to create a cooling flow adjacent to the firefighter's body, whereas the proposed modification would move the relevant gap outward between garment layers, the very type of arrangement Barbeau identifies as leaving the innermost thermal barrier in direct contact with the wearer and failing to provide the same body-side cooling flow. The stated rationale that the modification would provide a ventilation zone between the outer layer and middle layer for moisture vapor transport does not explain why a skilled artisan would have altered Barbeau's body-side cooling principle to arrive at the claimed outer-shell-mounted spacer-pad arrangement.
Applicant’s arguments with respect to the relocating the body side pad array of Barbeau is convincing. However, the 103 motivational statement provided two reasonings, one being the relocating of the array of pads, the other being the addition of the array of pad along the outer shell and the second liner as taught by Aldridge. Here, we are taking the garment and array of pads providing air gaps of Barbeau and replicating it between the outer layer and the second liner to provide a protective garment that is even better at enhancing comfort to the user by enhancing moisture vapor transport form the wearer and increase metabolic cooling (Aldridge: column 2, lines 22-28 and Barbeau et al.: see abstract). Barbeau, Aldridge and Applicant’s invention are all protective garments with multiple layers that provide arrays of pads between different layers to create a more comfortable garment for the wearer.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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, Clinton T Ostrup can be reached at (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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