Prosecution Insights
Last updated: October 02, 2026
Application No. 18/971,863

TEXTILE ELEMENT

Final Rejection §102§103
Filed
Dec 06, 2024
Priority
Dec 08, 2023 — DE 10 2023 134 475.7
Examiner
KIM, YUNJU
Art Unit
1742
Tech Center
1700 — Chemical & Materials Engineering
Assignee
adidas AG
OA Round
2 (Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
1y 2m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
270 granted / 489 resolved
-9.8% vs TC avg
Strong +35% interview lift
Without
With
+35.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
46 currently pending
Career history
535
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
62.5%
+22.5% vs TC avg
§102
12.6%
-27.4% vs TC avg
§112
21.3%
-18.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 489 resolved cases

Office Action

§102 §103
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 Affirmation of the election without traverse of Group 1, claims 1-17, has been made on 07/07/2026. Response to Amendment The Amendments filed 07/07/2026 responsive to the Office Action filed 04/07/2026 has been entered. Claims 1, 4-6, 8, 11-13 and 15 have been amended. Claims 2, 3 and 18-20 have been canceled. New claims 21-25 have been added. Claims 1, 4-17 and 21-25 are pending in this application. Response to Arguments Applicant's arguments, filed 07/07/2026, with respect to the rejection of claim 1 under 102 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 4, 6, 8-10, 12-14, 17, 21, 22 and 24 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Oldani (US 2018/0050502A1). With respect to claim 1, Oldani teaches a method of manufacturing a textile element (“a method of laying up one or more tows using the fiber placement head 20 and secondary compaction arrangement 22”, Pa [0051]), the method comprising: outputting a thread from a moving assembly (“laying up one or more tows using the fiber placement head 20 and secondary compaction arrangement 22…one or more tows 4 are applied to working surface 3.”, Pa [0051]), wherein the moving assembly comprises a first circular object (“secondary compaction roller 11”, Pa [0051]); heating the thread (“the tows 4 are then heated again”, Pa [0051]); and moving the moving assembly (“Fiber placement head 20 is movable along a lay-up direction D.”, Pa [0044]) such that: the heated thread is arranged in a thread pattern (“there is at least one secondary heating module 7, for example an IR heater, providing heat to the zone 10 thus enhancing the tackiness of the tows 4.”, Pa [0046]); and the first circular object follows a path of the thread pattern and applies pressure to at least a portion of the thread pattern (“This secondary compaction roller 11 provides an additional compacting force F2 with a determined offset distance d versus the force F1 exerted by primary compaction roller 5.”, Pa [0044]). With respect to claim 4, Oldani as applied to claim 1 above further teaches that the first circular object (“a secondary compaction roller 11”) applies an essentially constant first pressure on at least a first portion of the thread pattern (“in order to ensure an even compaction force against an irregular surface”, (Pa [0044]). With respect to claim 6, Oldani as applied to claim 1 above further teaches that a second circular object (“primary compaction roller 5”) follows the path of the thread pattern, and wherein the second circular object is arranged before the first circular object (“secondary compaction roller 11”) along the path (“The secondary compaction roller is arranged downstream from the primary compaction roller relative to the lay-up direction.”, Pa [0021]). With respect to claim 8, Oldani as applied to claim 6 above further teaches that the second circular object (“primary compaction roller 5”) applies an essentially constant second pressure on at least a second portion of the thread pattern (“in order to ensure an even compaction force against an irregular surface”, (Pa [0044]). With respect to claim 9, Oldani as applied to claim 1 above further teaches that the heating further comprises softening or melting at least a portion of the thread (“at least one secondary heating module 7, for example an IR heater, providing heat to the zone 10 thus enhancing the tackiness of the tows 4.”, Pa [0046]). With respect to claim 10, Oldani as applied to claim 1 above further teaches that the heating further comprises heating the thread and at least a portion of the thread pattern simultaneously (“at least one secondary heating module 7, for example an IR heater, providing heat to the zone 10 thus enhancing the tackiness of the tows 4.”, Pa [0046]). With respect to claim 12, Oldani as applied to claim 1 above further teaches overlapping at least a portion of the thread pattern with the heated thread (“the fiber placement head includes a compaction roller for pressing (“laying up”) the tows against the surface of the mold or the preceding layers of material forming the composite part (collectively the “working surface”).”, Pa [0006]). With respect to claim 13, Oldani as applied to claim 1 above further teaches that the thread is not wound around anchor points because the heated thread adheres at least in part to the underlying substrate, parts of the thread already laid out or other threads already laid out. Thus, the heated thread itself provides for the necessary “anchor points”. With respect to claim 14, Oldani as applied to claim 1 above further teaches arranging at least a first layer of the thread pattern on a substrate (“laying up a plurality of tows onto the stationary working surface 3 of a mold.”, Pa [0040]). With respect to claim 17, Oldani as applied to claim 1 above further teaches that the outputting comprises outputting the thread prior to heating the thread (“Interposed between primary compaction roller 5 and secondary compaction roller 11, there is at least one secondary heating module 7, for example an IR heater, providing heat to the zone 10 thus enhancing the tackiness of the tows 4.”, Pa [0046]). With respect to claim 21, Oldani as applied to claim 1 above further teaches that the moving assembly further comprises a heating source (“at least one primary heating module…heaters 6 a and 6 b”, Pa [0041]; “at least one secondary heating module 7”, Pa [0046]). With respect to claim 22, Oldani as applied to claim 21 above further teaches that the heating source is arranged inside of a nozzle of the moving assembly (“Fiber placement head 20 is equipped with at least one primary heating module, in this case, a double module unit including heaters 6 a and 6 b”, Pa [0041]). With respect to claim 24, Oldani as applied to claim 1 above further teaches that the moving assembly further comprises an arm (“a multiple axes positioner ram 2”, Pa [0040]) coupled to a nozzle (“a fiber placement head 20”) of the moving assembly and the first circular object (“a secondary compaction roller 11”) (“Fiber placement head 20 is mounted on the end of a multiple axes positioner ram 2 and is operable for laying up a plurality of tows onto the stationary working surface 3 of a mold.”, Pa [0040]). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 5, 7, 11 and 25 are rejected under 35 U.S.C. 103 as obvious over Oldani (US 2018/0050502A1) as applied to claims 1, 6 and 24 above, and further in view of Loubinoux (US 7,226,518-of record). With respect to claim 5, Oldani as applied to claim 1 above does not explicitly teach cooling the first circular object. In the same field of endeavor, the production of composite sheets having a multiaxial fibrous reinforcement, Loubinoux teaches that the method comprises heating the reinforcing-thread/organic-material assembly, which is displaced in the direction of movement, and setting it by the action of heat, if appropriate by applying pressure, then cooling it to form a composite band (co 2 li 53-56) and it is possible for cooling to take place, at least partially, simultaneously with compression or likewise to take place after a hot-compression step (co 6 li 36-39) and cooling may take place in the compression device, for example in a cold calender (co 6 li 44-45). It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to modify Oldani with the teachings of Loubinoux to cool the first circular object (“a secondary compaction roller 11”) for the purpose of cooling simultaneously with compression after a heating/compressing to form the composite sheet. With respect to claim 7, Oldani as applied to claim 1 above teaches that heaters 6 a and 6 b pre-heat a working surface 3, downstream from this primary heating module, one or more tows 4 are applied to working surface 3, immediately upon application, tows 4 are compacted by primary compaction roller 5 downstream from heaters 6 a and 6 b (Pa [0051]), but does not explicitly teach heating the second circular object. In the same field of endeavor, the production of composite sheets having a multiaxial fibrous reinforcement, Loubinoux teaches that thermal treatment may be carried out by any suitable heating means, for example heated cylinders, an irradiation apparatus, such as an infrared-radiation apparatus (furnace, lamp or lamps, panel or panels) and/or one or more hot-air blowing devices (hot-air furnace with forced convection) (co 5 li 14-18). It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to modify Oldani with the teachings of Loubinoux to heat the second circular object (“primary compaction roller 5”) in order to provide additional heating simultaneously with compression. With respect to claim 11, Oldani as applied to claim 1 above does not explicitly teach that the heating further comprises heating the thread prior to the thread being arranged in the thread pattern. In the same field of endeavor, the production of composite sheets having a multiaxial fibrous reinforcement, Loubinoux teaches that the threads are subsequently introduced into a heated device 26 which sets them in the form of a lap 27 (co 8 li 41-42). It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to modify Oldani with the teachings of Loubinoux to heat the threads prior to the tow being arranged in order to set the threads in the form of the tow. With respect to claim 25, Oldani as applied to claim 24 above does not explicitly teach that the arm is configured to receive a liquid coolant therein. In the same field of endeavor, the production of composite sheets having a multiaxial fibrous reinforcement, Loubinoux teaches that the method comprises heating the reinforcing-thread/organic-material assembly, which is displaced in the direction of movement, and setting it by the action of heat, if appropriate by applying pressure, then cooling it to form a composite band (co 2 li 53-56) and it is possible for cooling to take place, at least partially, simultaneously with compression or likewise to take place after a hot-compression step (co 6 li 36-39) and cooling may take place in the compression device, for example in a cold calender (co 6 li 44-45), and this press comprises a zone 13 cooled by water circulation (co 8 li 4-7). It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to modify Oldani with the teachings of Loubinoux to cool the first circular object (“a secondary compaction roller 11”) by water circulation for the purpose of cooling simultaneously with compression after a heating/compressing to form the composite sheet. Furthermore, one would have found it obvious to provide the water circulation channels within the fiber placement head 20 equipped with the secondary compaction arrangement 22 through the multiple axes positioner ram 2 in order to activate the water circulation. Claims 15 and 16 are rejected under 35 U.S.C. 103 as obvious over Oldani (US 2018/0050502A1) as applied to claim 14 above. With respect to claims 15 and 16, even though Oldani as applied to claim 1 above does not explicitly teach that the thread pattern is removably attached to the substrate such that a pattern of at least the first layer is maintained, and the method further comprises removing the thread pattern from the substrate, Oldani further teaches that automated fiber placement machines are widely used to manufacture parts, components and structures from composite material (Pa [0003]), and the fiber placement head includes a compaction roller for pressing (“laying up”) the tows against the surface of the mold (Pa [0006]). Thus, one would have found it obvious to remove the layer(s) of material forming the composite part from the mold in order to form the desired composite part. Claim 23 is rejected under 35 U.S.C. 103 as obvious over Oldani (US 2018/0050502A1) as applied to claim 1 above, and further in view of Strack et al. (US 5,336,552). With respect to claim 23, Oldani as applied to claim 1 above does not explicitly teach that the thread comprises a core and a sheath, and wherein the heating further comprises softening or melting at least a portion of the sheath of the thread. In the same field of endeavor, methods for making improved nonwoven fabrics, Strack teaches that when properly bonded, the nonwoven fabric of the present invention is particularly suited for use as an outer cover material in absorbent personal care products such as disposable baby diapers and as a garment material to make items such as medical apparel (co 3 li 29-33), and a preferred embodiment of the present invention is a nonwoven polymeric fabric including bicomponent filaments comprising a first polymeric component A and a second polymeric component B, the first and second components A and B may be arranged in an eccentric sheath/core arrangement as shown in FIG. 2B or a concentric sheath/core arrangement, as shown in FIG. 2C, polymer component A is the core of the strand and polymer B is the sheath of the strand in the sheath/core arrangement (co 6 li 52-64), and the first component A of the multicomponent strands preferably has a melting point higher than the second component (co 7 li 4-6), and the fabric of the present invention may be through-air bonded by forcing air having a temperature above the melting temperature of the second component B of the filaments through the fabric as the fabric passes over a perforated roller, the hot air melts the lower melting polymer component B and thereby forms bonds between the bicomponent filaments to integrate the web, such a high loft material is useful as a fluid management layer of personal care absorbent articles such as liner or surge materials in a baby diaper (co 10 li 62-co 11 li 4). It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to modify Oldani with the teachings of Strack to use Strack’s bicomponent filaments and heat the tow of bicomponent filaments to melt the lower melting polymer component B in order to form the nonwoven fabric suited for use as an outer cover material in absorbent personal care products such as disposable baby diapers and as a garment material to make items such as medical apparel. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 YUNJU KIM whose telephone number is (571)270-1146. The examiner can normally be reached on 8:00-4:00 EST M-Th; Flexing Fri. 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, Christina Johnson can be reached on 571-272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YUNJU KIM/Primary Examiner, Art Unit 1742
Read full office action

Prosecution Timeline

Dec 06, 2024
Application Filed
Apr 07, 2026
Non-Final Rejection mailed — §102, §103
Jul 07, 2026
Response Filed
Aug 12, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
90%
With Interview (+35.3%)
3y 0m (~1y 2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 489 resolved cases by this examiner. Grant probability derived from career allowance rate.

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