Detailed Office Action
The communication dated 6/25/2026 has been entered and fully considered. Claims 7, 16, 21-23, and 29-59 are cancelled. Claims 17-20 and 24-28 are withdrawn from examination. Claims 1-6, 8-15, 17-20, and 24-28 remain pending.
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 without traverse of Group I (claims 1-6 and 8-15) in the reply filed on 6/25/2026 is acknowledged. Claims 17-20 and 24-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II and III, there being no allowable generic or linking claim.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
Claim Objections
Claims 1-6 and 8-15 are objected to because of the following informalities:
Claim 1 line 14/15: replace “a supportive textile” with “the supportive textile”. This limitation is already recited in claim 1, line 1.
Claims 2-6 and 8-15: in line 1 after the phrase “The method according to claim 1 (or other numbers)” insert a comma.
Claim 11 line 3: replace “a supportive textile” with “the supportive textile”. This limitation is already recited in claim 1, line 1.
Claim 12 line 2/3: replace “in to a supportive textile” with “ into the supportive textile”. 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 1-6 and 8-15 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.
Claim 1 recites the limitation "the aligned textile carrier element" in line 11. There is insufficient antecedent basis for this limitation in the claim. Previously, it is recited that the textile carrier element is positioned and not aligned. Claims 2-6 and 8-15 are dependent on claim 1 and are rejected as well.
Claim 14 is unclear and indefinite. It recites two sets of pairs of ribs; however, it does not distinguish between them. Additionally, it is not clear that the recitation of “opposing surface of the fabric strip” refers to what surface. For the purpose of Examination , the Examiner replaces claim 14 with the following:
The method according to Claim 13, wherein the fabric strip is a woven structure including a pair of ribs protruding from the fabric strip, on opposite sides of the plush surface so as to flank the plush surface, the plastics coating being applied to the plush surface, between the ribs, so that warp yarns of the plush surface are embedded in the plastics coating in the composite structure, and wherein the fabric strip further includes another pair of ribs protruding from the opposing surface of the plush surface of the fabric strip, the fabric strip being folded so as to align the ribs protruding from the opposing sides of the plush surface in face to face contact with the another ribs protruding from the opposing surface of the plush surface of the fabric strip.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-6, and 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over CAIN (US-2015/0093537), hereinafter CAIN, in view of STURMAN (US-2020/0040489), hereinafter STURMAN. Note that the italicized text below are the instant claims.
Regarding claims 1 and 3, CAIN discloses A method of constructing a supportive textile {[abstract]} comprising the steps of:
providing at least one structural support component in the form of a textile element including a fabric strip folded about a plastics core {[abstract], [0017]},
the textile element further including an adhesive adhered to an outer surface of the textile element so as to present an adhesive layer facing outwardly from an outer surface of the textile element {[0026] note adhesive coating is the adhesive layer applied};
locating the or each structural support component in a correspondingly shaped aperture formed in a jig so that the adhesive layer is exposed {[0049] note mould is the jig, [0115], [0202], [0205], [0217] note recess is the aperture, [0204]/[0237]/[0239] note securing the two fabric during molding require the adhesive layer being exposed so that the second fabric can be laminated or attached};
positioning a textile carrier element relative to the or each structural support component so as to cover the adhesive layer on the or each structural support component in a predetermined configuration {[0079] note that garment component is the textile carrier element, [0100] note lamination indicates positioning at a predetermined configuration of the carrier element relative to the structural support with the adhesive layer in-between};
applying heat and pressure to the aligned textile carrier element and the one or more structural support component so as to adhere the textile carrier element to the or each structural support component {[0219] note application of pressure, [0237] note heating that is done while in the mould and thus pressure is also applied};
and forming the adhered textile carrier element and structural support component into a supportive textile {[0237]}.
CAIN, however, is silent on the adhesive being an adhesive tape (claim 1) and having a backing layer (claim 3). As discussed above, CAIN applies the adhesive as a coating layer.
In the same field of endeavor that is related to connecting fabrics, STURMAN discloses adhesive tape (claim 1), wherein a removable backing layer is provided on the adhesive layer, the method further comprising the step of removing the backing layer before positioning the textile carrier element in alignment with the structural support component (claim 3) {[0041]-[0043]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of STURMAN in the method of CAIN and have applied the adhesive as an adhesive tape with a backing layer. As disclosed by STURMAN, the advantage of this adhesive tape with backing is the protection of the adhesive layer during its application {[0042]}.
Regarding claim 2, modified CAIN discloses wherein the adhesive layer is a heat activated polyurethane adhesive layer {[0029]}.
Regarding claims 5-6, modified CAIN discloses wherein the jig includes a positioning member, wherein the or each correspondingly shaped apertures are formed in the positioning member (claims 5), wherein the or each correspondingly shaped aperture is either: a cut out formed as a window through the positioning member; or a recess formed in the positioning member {[0217] note the immediate surrounding of the recess or edges of the recess is the positioning member, since the recess visually indicates its surrounding that can be used as a positioning indicator}.
Regarding claims 9-10 limitations of “wherein the positioning member includes a plurality of receiving apertures wherein the receiving apertures all have the same shape, or have different shapes to each other or a mixture of the same and different shapes (claim 9)” and “wherein the positioning member further includes one or more position indicators positioned relative to the plurality of receiving apertures to aid in positioning the textile carrier element in alignment with the or each structural support component”, as discussed above, modified CAIN discloses a single recess or receiving aperture and thus is silent on plurality of receiving apertures in the positioning member.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have duplicated the receiving aperture of modified CAIN and have created a plurality of these apertures, since it has been held that mere duplication of a working part of a device involves only routine skill in the art {see MPEP 2144.04 (VI)(B). One would have been motivated to have replicated these apertures so that with one single act of moulding a plurality of supportive textile can be created. The Examiner notes that the plurality of receiving apertures have their own surroundings and edges and thus have a plurality of position indicators.
Regarding claims 11-12, modified CAIN discloses wherein the step of forming the adhered textile carrier element and structural support component into a supportive textile includes forming the textile carrier element itself into a textile (claim 11), wherein the step of forming the adhered textile carrier element and structural support component in to a supportive textile includes securing the adhered textile carrier and structural support component to a textile (claim 12) {[0032]}.
Regarding claims 13-14, modified CAIN discloses wherein the fabric strip folded about the plastics core includes a fabric strip having a plush surface and a plastics coating applied to the plush surface so that at least surface yarns of the plush surface are embedded in the plastics coating and form a composite structure at a juncture between the plastics coating and the plush surface, wherein the fabric strip is folded about the plastics coating so as to sandwich the plastics coating between the plush surface and an opposing surface of the fabric strip (claim 13), wherein the fabric strip is a woven structure including a pair of ribs protruding from the fabric strip, on opposite sides of the plush surface so as to flank the plush surface, the plastics coating being applied to the plush surface, between the ribs, so that warp yarns of the plush surface are embedded in the plastics coating in the composite structure, and wherein the fabric strip further includes another pair of ribs protruding from the opposing surface of the plush surface of the fabric strip, the fabric strip being folded so as to align the ribs protruding from the opposing sides of the plush surface in face to face contact with the another ribs protruding from the opposing surface of the plush surface of the fabric strip (claim 14) {[0003]-[0005], [0010], [0016]-[0019], [0266]-[0267], [0277], [FIG. 10]}.
Regarding claim 15, modified CAIN discloses wherein the plastics core comprises a thermoplastic material or a thermosetting plastics material {[abstract]}.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of CAIN and STURMAN as applied to claims 1 and 3 above, and further in view of KOZULLA (US 6,451,425), hereinafter KOZULLA.
Regarding claim 4, the combination of CAIN and STURMAN discloses all the limitation of claims 1 and 3 as discussed above. This combination, however, is silent on the material of construction of the backing layer being polypropylene.
In the same field of endeavor that is related to adhesive tape backing, KOZULLA discloses wherein the removeable backing layer is a layer of polypropylene {[abstract], [C1, L27-30]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teaching of KOZULLA in the combination method of CAIN and STURMAN and have used polypropylene as the removable backing layer. As disclosed by KOZULLA, the known advantage of polypropylene is its toughness, low cost and moisture resistance {[C1, L27-30]}.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of CAIN and STURMAN as applied to claims 1 and 5 above, and further in view of IWAMI (US-2015/0075701), hereinafter IWAMI.
Regarding claim 8, the combination of CAIN and STURMAN discloses all the limitation of claims 1 and 5 as discussed above. This combination, however, is silent on the positioning member being a heat resistant sheet.
In the same field of endeavor that is related to molding, IWAMI discloses wherein the positioning member is a heat resistant sheet {[0015], [0034], [0067]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teaching of IWAMI in the combination method of CAIN and STURMAN and have used a heat resistant sheet in the cavity and immediate vicinity of the cavity as the positioning member. As disclosed by IWAMI, the advantage of application of this sheet is improved appearance of the molded object without losing productivity {[0016]}.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to S. BEHROOZ GHORISHI whose telephone number is (571)272-1373. The examiner can normally be reached Mon-(alt Fri) 7:30-5:00.
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, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S. BEHROOZ GHORISHI/ Primary Examiner, Art Unit 1748
Prosecution Insights