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 of Species 6 (as depicted in Figures 15-16) in the reply filed on 11/24/2025 is acknowledged. Election was made without traverse in the reply filed on 11/24/2025.
Claims 21-40 are being treated on the merits.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed feature "two or more spaced-apart stiffening panels" as to three or more spaced-apart stiffening panels must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
In claims 21, 24, 27-28, 36 and 39-40, there is no antecedent basis in the specification for "two or more spaced-apart stiffening panels" as to three or more spaced-apart stiffening panels
Claim Objections
Claims 25, 33 and 39 are objected to because of the following informalities:
In claim 25, line 2, "positioned a midpoint" appears to read "poisoned at a midpoint";
In claim 33, lines 2-3, "the long axes of the each of the discrete overlay film structures" appears to read "the long axis of the each of the discrete overlay film structures";
In claim 39, line 7, "the textile" should read "the textile material" for proper antecedent basis.
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.
Claim 26 is 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 pre-AIA the applicant regards as the invention.
Claim 26 recites the limitation "the first edge", which renders the claim indefinite. Claim 26 depends from claim 21. Claim 21 has set forth the slit comprising a first edge; and claim 26 has set forth the first stiffening panel comprising a first edge. It is unclear which first edge is being referred to. For examination purposes, the limitation has been construed to be the first edge of the first stiffening panel.
Claim 26 recites the limitation "the second edge", which renders the claim indefinite. Claim 26 depends from claim 21. Claim 21 has set forth the slit comprising a second edge; and claim 26 has set forth the second stiffening panel comprising a second edge. It is unclear which second edge is being referred to. For examination purposes, the limitation has been construed to be the second edge of the second stiffening panel.
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 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.
Claims 21-28, 30, 33-40 are rejected under 35 U.S.C. 103 as being unpatentable over Polegato (IT 201800002423 A1).
Regarding claim 21, Polegato discloses an article of apparel (garment 400; fig. 9; para. 0219) comprising:
a panel (front part 401a; fig. 9; para. 0220) comprising a first surface (an outer surface of first layer 111 in the second embodiment; figs. 3, 9; paras. 0115-0116, 0222-0225) and an opposite second surface (an inner surface of first layer 111; figs. 3, 9);
a slit (an opening 113; figs. 3-4b, 9; paras. 0116, 0225) extending from the first surface to the second surface (figs. 3-4b, 9; paras. 0116, 0225), the slit comprising a first edge (see annotated fig. 4b; para. 0121), an opposing second edge (see annotated fig. 4b), a first end (see annotated fig. 4b), a second end (see annotated fig. 4b), and a longitudinal axis (along the longitudinal direction of the slit; see figs. 3-4b) extending between the first end and the second end (see annotated fig. 4b);
a plurality of discrete overlay film structures (film strips 115; figs. 3-4b; paras. 0117, 0139) affixed to the panel (figs. 3-4b; para. 0117), the plurality of discrete overlay film structures comprising a first discrete overlay film structure (first strip 115; see figs. 3, 4a and annotated fig. 4b; paras. 0117-0118) and a second discrete overlay film structure (second strip 115; see figs. 3, 4a and annotated fig. 4b) positioned adjacent to the first edge of the slit (near the first edge of the slit; see annotated fig. 4b).
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Annotated Figs. 3 and 4b from IT 201800002423 A1
Polegato does not explicitly disclose two or more spaced-apart stiffening panels affixed to the first surface between the first discrete overlay film structure and the second discrete overlay film structure. However, Polegato does disclose wherein the number of the slits, the density of the slits per unit of surface area, and the size of the slits can be varied either individually or in combination (paras. 0210-0217), the discrete overlay film structures may be thin lines (the discrete overlay film structures are applied by spraying, molding or screen printing; para. 0244), and a plurality of discrete overlay film structures may be adjacent to a single slit (a plurality of temporary deformable portions 115 proximate to the at least one opening 113; para. 0114). It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to have modified the panel of Polegato, with wherein the length of the slit 113 has shown in Fig. 3 is at least doubled, and at least four spaced-apart film strips 115 are distributed adjacent to each of the first and second edges of the slit 113 in the same orientation as shown in Fig. 3 of Polegato, in order to simplify the manufacturing process by replacing a large number of tiny slits with a relatively small number of bigger slits while still providing a suitable amount of ventilation in a specific area. Such a modification is within the level of one of ordinary skill of the art. By this modification, two or more spaced-apart overlay film structures, i.e., stiffening panels, would be affixed to the first surface between the first discrete overlay film structure and the second discrete overlay film structure and would providing stiffening functions as adding more materials.
Regarding claim 22, Polegato discloses the article of apparel of claim 21, and further discloses wherein when the panel is exposed to an external stimulus (moisture or temperature; paras. 0037, 0118, 0122), the plurality of discrete overlay film structures undergo an increase in dimension in a z-direction to cause the slit to transition from a closed state to an open state (figs. 3, 4a-4b; paras. 0121-0124).
Regarding claim 23, Polegato discloses the article of apparel of claim 22, and further discloses wherein when the first plurality of discrete overlay film structures and the second plurality of discrete overlay film structures are exposed to the external stimulus, the first edge and the second edge of the slit undergo a decrease in dimension in a first direction parallel to the longitudinal axis (as the slit opens; figs. 4a-4b; paras. 0121-0124).
Regarding claim 24, Polegato discloses the article of apparel of claim 22. As discussed for claim 21, the modified panel comprises at least four spaced-apart film strips 115 distributed along the first edge of the slit, therefore would comprise a gap between a first stiffening panel and a second stiffening panel of the two or more spaced-apart stiffening panels.
Polegato does not explicitly disclose wherein an apex of a slit opening that is formed when the slit is in the open state is aligned with the gap. However, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to have configured the distribution of the at least four spaced-apart film strips 115, to be evenly distributed about a midpoint of the slit, in order to simplify the manufacture process and also create a symmetrical opening when the slit is opened (see fig. 4b in Polegato). Such a configuration is within the level of one of ordinary skill of the art. By this configuration, an apex of a slit opening would be formed when the slit is in the open state is aligned with the gap.
Regarding claim 25, Polegato discloses the article of apparel of claim 24. As discussed for claim 24, the modified panel comprises the two or more spaced-apart stiffening panels evenly distributing about a midpoint of the slit. Therefore, the gap would be generally positioned a midpoint of the slit between the first end and the second end.
Regarding claim 26, Polegato discloses the article of apparel of claim 24. Polegato does not explicitly disclose wherein the gap is between a first edge of the first stiffening panel and a second edge of the second stiffening panel, with the first edge and the second edge being parallel to each other. However, as discussed for claim 24, the modified panel comprises the two or more spaced-apart stiffening panels evenly distributed about a midpoint of the slit; therefore, the gap is between a first edge of the first stiffening panel and a second edge of the second stiffening panel. In addition, Polegato discloses wherein the strips 115 each have a rectangular shape and are aligned with one other (figs. 3, 4a). Therefore, the first edge of the first stiffening panel and the second edge of the second stiffening panel would be parallel to each other.
Regarding claim 27, Polegato discloses the article of apparel of claim 21, except for wherein the two or more spaced-apart stiffening panels are triangular in shape. However, Applicant does not set forth any criticality for the shape of the two or more spaced-apart stiffening panels. Accordingly, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to have modified the shape of the two or more spaced-apart stiffening panels to be triangular in shape. Such a modification would have involved a mere change in shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results, therefore is not considered to be a patentably distinct limitation. See MPEP 2144.04, IV, B.
Regarding claim 28, Polegato discloses the article of apparel of claim 21. Polegato does not explicitly disclose wherein a first edge of each of the two or more spaced-apart stiffening panels adjacent to the slit is parallel to the slit. However, Polegato discloses wherein the strips 115 each have a rectangular shape and a first edge of each of the strips 115 is parallel with the slit (figs. 3, 4a). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the shape of all the at least four spaced-apart film strips in the modified panel to be rectangular, in order to simplify the manufacture process. By this configuration, a first edge of each of the two or more spaced-apart stiffening panels adjacent to the slit would be parallel to the slit.
Regarding claim 30, Polegato discloses the article of apparel of claim 21, and further discloses wherein the plurality of discrete overlay film structures further comprises a third discrete overlay film structure (see annotated fig. 3) adjacent to the second edge of the slit (see annotated fig. 3).
Regarding claim 33, Polegato discloses the article of apparel of claim 30, and further discloses wherein each of the plurality of discrete overlay film structures includes a long axis and a short axis (see fig. 3), and wherein the long axes of the each of the discrete overlay film structures are oriented substantially perpendicular to the longitudinal axis of the slit (see fig. 3).
Regarding claim 34, Polegato discloses the article of apparel of claim 30, and further discloses wherein the third discrete overlay film structure is positioned between the first end and the second end of the slit (see annotated fig. 3).
Regarding claim 35, Polegato discloses the article of apparel of claim 21. Polegato does not explicitly disclose wherein the plurality of discrete overlay film structures may comprise a thermoplastic polyester elastomer. However, Polegato does disclose that the plurality of discrete overlay film structures may be a thermoplastic elastomer comprising at least one type of ester segments (paras. 0140-0147). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the material of the discrete overlay film structures as claimed, in order to use a suitable humidity-sensitive material for the discrete overlay film structures. Such a configuration would be considered as a mere choice of preferred material that is on the basis of its suitability for the intended use. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Regarding claim 36, Polegato discloses the article of apparel of claim 21, wherein the panel comprises a first material having a first degree of stiffness (polyester fibers or polypropylene fibers; paras. 0137-0138), and wherein the two or more spaced-apart stiffening panels comprise a second material having a second degree of stiffness (paras. 0140-0146).
Polegato does not explicitly disclose wherein the second degree of stiffness greater than the first degree of stiffness. However, Polegato does disclose that the second material comprises at least a rigid phase (para. 0145-0146). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the material of the discrete overlay film structures, including the two or more spaced-apart stiffening panels, to have the second degree of stiffness greater than the first degree of stiffness, in order to use a suitable deformable material for the discrete overlay film structures to maintain the shape when the temperature and/or humidity is below a threshold level. Such a configuration would be considered as a mere choice of preferred material that is on the basis of its suitability for the intended use. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Regarding claim 37, Polegato discloses the article of apparel of claim 36. Polegato does not explicitly disclose wherein the first material is a knit textile. However, one of ordinary skill of the art would recognize that a panel of a garment is generally formed from a knit textile. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the first material as disclosed by Polegato to be a knit textile, in order to use a commonly used fabric material as a base material for the garment.
Regarding claim 38, Polegato discloses the article of apparel of claim 21, and further discloses wherein the slit is linear (see figs. 3, 4a).
Regarding claim 39, Polegato discloses an article of apparel (garment 400; fig. 9; para. 0219) comprising:
a panel (front part 401a; fig. 9; para. 0220) comprising a textile material (paras. 0115-0116, 0222-0225, 0137) with a first surface (an outer surface of first layer 111 in the second embodiment; figs. 3, 9; paras. 0115-0116, 0222-0225) and an opposite second surface (an inner surface of first layer 111; figs. 3, 9);
a slit (an opening 113; figs. 3-4b, 9; paras. 0116, 0225) extending from the first surface to the second surface (figs. 3-4b, 9; paras. 0116, 0225), the slit comprising a first edge (see annotated fig. 4b; para. 0121), an opposing second edge (see annotated fig. 4b), a first end (see annotated fig. 4b), a second end (see annotated fig. 4b), and a longitudinal axis (along the longitudinal direction of the slit; see figs. 3-4b) extending between the first end and the second end (see annotated fig. 4b);
a plurality of discrete overlay film structures (film strips 115; figs. 3-4b; paras. 0117, 0139) affixed to the textile (figs. 3-4b; para. 0117), the plurality of discrete overlay film structures comprising:
a first discrete overlay film structure (first strip 115; see figs. 3, 4a and annotated fig. 4b; paras. 0117-0118) and a second discrete overlay film structure (second strip 115; see figs. 3, 4a and annotated fig. 4b) positioned adjacent to the first edge of the slit (near the first edge of the opening 113; see annotated fig. 4b), and;
at least one additional discrete overlay film structure (see annotated fig. 3) adjacent to the second edge of the slit (see annotated fig. 3);
wherein:
the textile material has a first degree of stiffness (polyester fibers or polypropylene fibers; paras. 0137-0138);
when the panel is exposed to an external stimulus (moisture or temperature; paras. 0037, 0118, 0122), the plurality of discrete overlay film structures undergo an increase in dimension in a z-direction to cause the slit to transition to a more open state (figs. 3, 4a-4b; paras. 0121-0124).
Polegato does not explicitly disclose two or more spaced-apart stiffening panels being affixed to the first surface between the first discrete overlay film structure and the second discrete overlay film structure. However, Polegato does disclose wherein the number of the slits, the density of the slits per unit of surface area, and the size of the slits can be varied either individually or in combination (paras. 0210-0217), the discrete overlay film structures may be thin lines (the discrete overlay film structures are applied by spraying, molding or screen printing; para. 0244), and a plurality of discrete overlay film structures may be adjacent to a single slit (a plurality of temporary deformable portions 115 proximate to the at least one opening 113; para. 0114). It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to have modified the panel of Polegato, with wherein the length of the slit 113 has shown in Fig. 3 is at least doubled, and at least four spaced-apart film strips 115 are distributed adjacent to each of the first and second edges of the slit 113 in the same orientation as shown in Fig. 3 of Polegato, in order to simplify the manufacturing process by replacing a large number of tiny slits with a relatively small number of bigger slits while still providing a suitable amount of ventilation in a specific area. Such a modification is within the level of one of ordinary skill of the art. By this modification, two or more spaced-apart overlay film structures, i.e., stiffening panels, would be affixed to the first surface between the first discrete overlay film structure and the second discrete overlay film structure and would providing stiffening functions as adding more materials.
Polegato does not explicitly disclose wherein the two or more spaced-apart stiffening panels have a second degree of stiffness greater than the first degree of stiffness. However, Polegato does disclose that the two or more spaced-apart stiffening panels have a second degree of stiffness (paras. 0140-0146) and formed from a material comprising at least a rigid phase (para. 0145-0146). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the material of the discrete overlay film structures, including the two or more spaced-apart stiffening panels, to have the second degree of stiffness greater than the first degree of stiffness, in order to use a suitable deformable material for the discrete overlay film structures to maintain the shape when the temperature and/or humidity is below a threshold level. Such a configuration would be considered as a mere choice of preferred material that is on the basis of its suitability for the intended use. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Regarding claim 40, Polegato discloses the article of apparel of claim 39. As discussed for claim 21, the modified panel comprises at least four spaced-apart film strips 115 distributed along the first edge of the slit, therefore would comprise a gap between a first stiffening panel and a second stiffening panel of the two or more spaced-apart stiffening panels.
Polegato does not explicitly disclose wherein an apex of a slit opening that is formed when the slit is in the more open state being aligned with the gap. However, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to have configured the distribution of the at least four spaced-apart film strips 115, to be evenly distributed about a midpoint of the slit, in order to simplify the manufacture process and also create a symmetrical opening when the slit is opened (see fig. 4b in Polegato). Such a configuration is within the level of one of ordinary skill of the art. By this configuration, an apex of a slit opening would be formed when the slit is in the open state is aligned with the gap.
Claims 29 and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Polegato (IT 201800002423 A1) in view of Makida (US 2009/0276936 A1).
Regarding claim 29, Polegato discloses the article of apparel of claim 21. Polegato does not disclose wherein the first discrete overlay film structure and the second discrete overlay film structure are affixed to the second surface. However, Makida, in an analogous art, teaches an article of apparel (paras. 0001, 0090) comprising a panel (a textile fabric 2; fig. 1; para. 0037) comprising a first surface and an opposite second surface (inherent feature; fig. 1), the panel comprising a plurality of spaced apart overlay film structures (water-swelling resin portions 1; fig. 1; paras. 0037-0038; claim 1), wherein the spaced apart overlay film structures are applied to both the first and second surfaces of the panel (paras. 0020, 0026, 0031). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the panel as disclosed by Polegato, with wherein the discrete overlay film structures are applied to both the first and second surfaces of the panel as taught by Makida in the same pattern, in order to facilitate the slit opening and closing by the shape-variable overlay film structures from both sides of the panel. By this combination, wherein the first discrete overlay film structure and the second discrete overlay film structure would be affixed to the second surface.
Regarding claim 31, Polegato discloses the article of apparel of claim 30. Polegato does not disclose wherein the first discrete overlay film structure and the second discrete overlay film structure are affixed to the second surface. However, Makida, in an analogous art, teaches an article of apparel (paras. 0001, 0090) comprising a panel (a textile fabric 2; fig. 1; para. 0037) comprising a first surface and an opposite second surface (inherent feature; fig. 1), the panel comprising a plurality of spaced apart overlay film structures (water-swelling resin portions 1; fig. 1; paras. 0037-0038; claim 1), wherein the spaced apart overlay film structures are applied to both the first and second surfaces of the panel (paras. 0020, 0026, 0031). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the panel as disclosed by Polegato, with wherein the discrete overlay film structures are applied to both the first and second surfaces of the panel as taught by Makida in the same pattern, in order to facilitate the slit opening and closing by the shape-variable overlay film structures from both sides of the panel. By this combination, wherein the first discrete overlay film structure and the second discrete overlay film structure would be affixed to the second surface.
Regarding claim 32, Polegato discloses the article of apparel of claim 30. Polegato does not disclose wherein the third discrete overlay film structure is affixed to the second surface. Polegato does not disclose wherein the first discrete overlay film structure and the second discrete overlay film structure are affixed to the second surface. However, Makida, in an analogous art, teaches an article of apparel (paras. 0001, 0090) comprising a panel (a textile fabric 2; fig. 1; para. 0037) comprising a first surface and an opposite second surface (inherent feature; fig. 1), the panel comprising a plurality of spaced apart overlay film structures (water-swelling resin portions 1; fig. 1; paras. 0037-0038; claim 1), wherein the spaced apart overlay film structures are applied to both the first and second surfaces of the panel (paras. 0020, 0026, 0031). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the panel as disclosed by Polegato, with wherein the discrete overlay film structures are applied to both the first and second surfaces of the panel as taught by Makida in the same pattern, in order to facilitate the slit opening and closing by the shape-variable overlay film structures from both sides of the panel. By this combination, wherein the third discrete overlay film structure is affixed to the second surface.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-24, 33 and 35-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-6, 12-14 and 17 of U.S. Patent 12,167,761 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-24, 33 and 35-36 are anticipated by patent claims 1, 5-6, 12-14 and 17. Every limitation in the application under examination claims is recited in the conflicting reference patent claims.
Below is a table illustrating a claim to claim analysis of the double patenting rejections.
Instant Application
U.S. Patent 12,167,761 B2
21. An article of apparel comprising:
[A] a panel comprising a first surface and an opposite second surface;
[B] a slit extending from the first surface to the second surface, the slit comprising a first edge, an opposing second edge, a first end, a second end, and a longitudinal axis extending between the first end and the second end;
[C] a plurality of discrete overlay film structures affixed to the panel, the plurality of discrete overlay film structures comprising a first discrete overlay film structure and a second discrete overlay film structure positioned adjacent to the first edge of the slit, and;
[D] two or more spaced-apart stiffening panels affixed to the first surface between the first discrete overlay film structure and the second discrete overlay film structure.
1. An article of apparel comprising:
[A] a first panel formed of a first textile material and having a first surface; a second panel, wherein the first panel is discontinuously affixed to the second panel at a first securement point and a second securement point to form [B] a vent opening between the first securement point and the second securement point;
[C] a first discrete overlay film structure and a second discrete overlay film structure respectively affixed to the first panel at a first location and a second location spaced apart from the first location,
[H] each of the first discrete overlay film structure and the second discrete overlay film structure having a long axis and a short axis, the respective long axis oriented substantially perpendicular to a longitudinal axis of the vent opening,
[E] wherein upon exposure to moisture the first discrete overlay film structure and the second discrete overlay film structure undergo an increase in dimension in at least a z-direction to cause the vent opening to transition from a closed state to an open state; and
[D] two or more spaced-apart stiffening panels affixed to the first surface between the first discrete overlay film structure and the second discrete overlay film structure.
22. The article of apparel of claim 21, wherein
[E] when the panel is exposed to an external stimulus, the plurality of discrete overlay film structures undergo an increase in dimension in a z-direction to cause the slit to transition from a closed state to an open state.
5. The article of apparel of claim 1, wherein
[G] a gap is formed between a first stiffening panel and a second stiffening panel of the two or more spaced-apart stiffening panels, and wherein an apex of the vent opening is aligned with the gap.
23. The article of apparel of claim 22, wherein
[F] when the first plurality of discrete overlay film structures and the second plurality of discrete overlay film structures are exposed to the external stimulus, the first edge and the second edge of the slit undergo a decrease in dimension in a first direction parallel to the longitudinal axis.
6. The article of apparel of claim 1, wherein
[J] the first textile material that forms the first panel has a first degree of stiffness, and wherein the two or more spaced-apart stiffening panels have a second degree of stiffness greater than the first degree of stiffness.
24. The article of apparel of claim 22, comprising
[G] a gap between a first stiffening panel and a second stiffening panel of the two or more spaced-apart stiffening panels, and wherein an apex of a slit opening that is formed when the slit is in the open state is aligned with the gap.
12. An article of apparel comprising:
[A] a first panel formed of a first textile material and having a first surface; a second panel, wherein the first panel is discontinuously affixed to the second panel to form [B] a vent opening, the vent opening having a longitudinal axis extending in a first direction;
[C] a first discrete overlay film structure and a second discrete overlay film structure affixed to the first panel at two spaced-apart locations,
[F] wherein upon exposure to moisture the first discrete overlay film structure and the second discrete overlay film structure undergo a change in dimension in a z-direction to cause the first panel to undergo a decrease in dimension in the first direction thereby transitioning the vent opening from a closed state to an open state; and
[D] two or more spaced-apart stiffening panels affixed to the first surface between the first discrete overlay film structure and the second discrete overlay film structure.
33. The article of apparel of claim 30, wherein
[H] each of the plurality of discrete overlay film structures includes a long axis and a short axis, and wherein the long axes of the each of the discrete overlay film structures are oriented substantially perpendicular to the longitudinal axis of the slit.
13. The article of apparel of claim 12, wherein
[J] the first textile material that forms the first panel has a first degree of stiffness, and wherein the two or more spaced-apart stiffening panels have a second degree of stiffness greater than the first degree of stiffness.
35. The article of apparel of claim 21, wherein
[I] the plurality of discrete overlay film structures comprise a thermoplastic polyester elastomer.
14. The article of apparel of claim 12, wherein
[I] the first discrete overlay film structure and the second discrete overlay film structure comprise a thermoplastic polyester elastomer.
36. The article of apparel of claim 21, wherein
[J] the panel comprises a first material having a first degree of stiffness, and wherein the two or more spaced-apart stiffening panels comprise a second material having a second degree of stiffness greater than the first degree of stiffness.
17. The article of apparel of claim 12,
[G] wherein a gap is formed between a first stiffening panel and a second stiffening panel of the two or more spaced-apart stiffening panels, and wherein an apex of the vent opening is aligned with the gap.
As shown in the mapping above, each of patents claim 1 and 12 is narrower than instant claim 21, and includes all the limitations of instant claim 21. It is noted that when a first panel is discontinuously affixed to the second panel at a first securement point and a second securement point to form a vent opening, a composite panel with a slit is formed. In addition, patent claims 1, 5-6, 12-14 and 17 also include all the limitations of instant claims 22-24, 33 and 35-36.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional relevant references cited on attached PTO-892 form(s) can be used to formulate a rejection if necessary. Lao (US 2020/0131695 A1) also discloses an article of apparel comprising a panel, the panel comprising a slit, and a plurality of discrete overlay film structures affixed to the panel adjacent the slit, when the panel is exposed to an external stimulus, the plurality of discrete overlay film structures undergo a dimension change to cause the slit to transition from a closed state to an open state
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/AIYING ZHAO/Primary Examiner, Art Unit 3732