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 Group I, claims 1 – 13, in the reply filed on August 17, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1 – 9, 13, 26 – 39, 41 and 42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 10 of U.S. Patent No. 12, 209,354 to Cen et al. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to cloth products.
Cen et al. disclose a cloth product that can be torn into pieces, comprising: a continuously extending fiber textile cloth comprising a base layer woven from yarn and a loop layer located on at least one side of the base layer; wherein the fiber textile cloth includes a plurality of melting bodies at intervals along a length direction of the fiber textile cloth, and each melting body is configured to span from approximately a first marginal edge portion of the fiber textile cloth to approximately a second marginal edge portion of the fiber textile cloth located on an opposite side of a width of the fiber textile cloth relative to the first marginal edge portion; wherein each melting body is defined by melted and pressed material of the base layer and the loop layer of the fiber textile cloth at the melting body, such that each melting body defines a thickness that is less than or equal to a thickness of the base layer of the fiber textile cloth outside the melting body and is substantially consistent from approximately the first marginal edge portion of the fiber textile cloth to approximately the second marginal edge portion of the fiber textile cloth, the melted and pressed material extends substantially uninterrupted from approximately the first marginal edge portion to approximately the second marginal edge portion, is thermally damaged and embrittled, and thereby defines a connection strength such that the melting body can be manually torn along a length thereof; whereby by tearing along one of the melting bodies, a single piece of the fiber textile cloth can be separated from the continuously extending fiber textile cloth; and after tearing, a part of the one of the melting bodies remains on an outer edge portion of adjacent unmelted fiber textile cloth of the single piece of the fiber textile cloth and binds off said outer edge portion (Claims 1 and 2) as in claim 1. With respect to claim 2, each melting body is configured to be in the form of a straight line, a curved line, a zigzag line, or a bent line (Claim 2). Regarding claim 3, the thickness of each melting body is 0.01-2 mm, and a width of each melting body is 1-5 mm (Claim 3). For claim 4, a width of the single piece of the fiber textile cloth is consistent with the width of the fiber textile cloth and the length of the single piece of textile cloth is 5 cm-200 cm (Claim 4). In claim 5, the first marginal edge portion and the second marginal edge portion comprise heat-melt cutting edges (Claim 5). With regard to claim 6, both sides of the base layer include a respective loop layer (Claim 6). As in claim 7, an inner core, and the fiber textile cloth including the plurality of melting bodies is wound on the inner core (Claim 7). With respect to claim 8, the fiber textile cloth including the plurality of melting bodies is stacked in a container in a "Z"-shaped continuous folding manner (Claim 8). Regarding claim 9, the base layer is warp-knitted or weft-knitted, the base layer comprises loop units composed of woven threads, and the loop units are mutually interwoven to form constraints (Claims 9 and 10). For claim 13, the continuous fiber textile cloth includes one or more of (i) polyester fibers (Claim 1). Cen et al. further disclose a cloth product that can be torn into pieces, comprising: a continuously extending cloth comprising a base layer woven from yarn and a loop layer located on at least one side of the base layer, the cloth including polyester fibers; wherein the cloth includes a plurality of thin line melting bodies at intervals along a length direction of the cloth, and each thin line melting body is configured to span from a first marginal edge portion of the cloth to a second marginal edge portion of the cloth located on an opposite side of a width of the cloth relative to the first marginal edge portion; wherein the thin line melting bodies are defined by melted and pressed material of the base layer and the loop layer of the cloth, such that each thin line melting body defines a thickness that is less than or equal to a thickness of the base layer of the cloth and extends from the first marginal edge portion to the second marginal edge portion, the melted and pressed material is thermally damaged and embrittled, and thereby defines a connection strength such that each of the thin line melting bodies can be manually torn along a length thereof; whereby by tearing along one of the thin line melting bodies, a piece of cloth is separable from the continuously extending cloth; and after tearing, a part of the one of the thin line melting bodies remains on a torn edge portion of the piece of cloth and binds off said torn edge portion (Claim 1) as in claim 26. With respect to claim 27, each of the thin line melting bodies is configured to be in the form of a straight line, a curved line, a zigzag line, or a bent line (Claim 2). Regarding claim 28, the thickness of each thin line melting body is 0.01-2 mm, and a width of each thin line melting body is 1-5 mm (Claim 3). For claim 29, a width of the piece of cloth is consistent with the width of the cloth and a length of the piece of cloth is 5 cm-200 cm (Claim 4). In claim 30, the first marginal edge portion and the second marginal edge portion comprise heat-melt cutting edges (Claim 5). With regard to claim 31, both sides of the base layer include a respective loop layer (Claim 6). As in claim 32, an inner core, and the cloth is wound on the inner core (Claim 7). With respect to claim 33, the cloth is stacked in a container in a "Z" -shaped continuous folding manner (Claim 8). Regarding claim 34, the base layer is warp-knitted, the base layer comprises loop units composed of woven threads, and the loop units are mutually interwoven to form constraints (Claim 9). For claim 35, the base layer is weft-knitted and comprises a semi-loop unit composed of woven threads, and semi-loop units formed by adjacent woven threads are mutually interwoven (Claim 9). In claim 36, each thin line melting body defines constraints between loop knitting units of the loop layer and loop units of the base layer that are damaged, and defines loop knitting units that are shrunken relative to loop knitting units of unmelted loop knitting units of the cloth (Claim 1). With regard to claim 37, the thin line melting bodies are formed by heating, melting, and pressing the base layer and the loop layer in a range of 150°C and 400°C between a knife mold extending along the width of the cloth and an ultrasonic welding head operating at a vibration frequency in a range of 2000-50,000 times/second (Claim 1, wherein ultrasonic has a high vibration). For claim 38, the cloth includes one or more of (i) polyester fibers (Claim 1). In claim 39, the fibers of the cloth at the thin line melting bodies have a thermally damaged toughness and are brittle (Claim 1). With regard to claim 41, each of the thin line melting bodies is formed to be tearable without cutting any portion of the thin line melting body (Claim 1). As in claim 42, each of the thin line melting bodies extends continuously from the first marginal edge portion to the second marginal edge portion (Claim 1).
Claims 1 – 9, 13, 26 – 39, 41 and 42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 16, 20, 22, 23, and 25 – 28 of U.S. Patent No. 12,584,249 to Poirier et al. in view of U.S. Patent No. 12, 209,354 to Cen et al. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to cloth products.
Poirier et al. disclose a cloth product that can be torn into pieces, comprising: a continuously extending fiber textile cloth comprising a base layer woven from yarn and a loop layer located on at least one side of the base layer; wherein the fiber textile cloth includes a plurality of melting bodies at intervals along a length direction of the fiber textile cloth, and each melting body is configured to span from approximately a first marginal edge portion of the fiber textile cloth to approximately a second marginal edge portion of the fiber textile cloth located on an opposite side of a width of the fiber textile cloth relative to the first marginal edge portion; wherein each melting body is defined by melted and pressed material of the base layer and the loop layer of the fiber textile cloth at the melting body, such that each melting body defines a thickness that is less than or equal to a thickness of the base layer of the fiber textile cloth outside the melting body and is substantially consistent from approximately the first marginal edge portion of the fiber textile cloth to approximately the second marginal edge portion of the fiber textile cloth, the melted and pressed material extends substantially uninterrupted from approximately the first marginal edge portion to approximately the second marginal edge portion, is thermally damaged and embrittled, and thereby defines a connection strength such that the melting body can be manually torn along a length thereof; whereby by tearing along one of the melting bodies, a single piece of the fiber textile cloth can be separated from the continuously extending fiber textile cloth; and after tearing, a part of the one of the melting bodies remains on an outer edge portion of adjacent unmelted fiber textile cloth of the single piece of the fiber textile cloth and binds off said outer edge portion (Claim 1, 4, 9, 20, 22, 27, and 28) as in claim 1. With respect to claim 2, each melting body is configured to be in the form of a straight line, a curved line, a zigzag line, or a bent line (Claim 14, 26). Regarding claim 3, the thickness of each melting body is 0.01-2 mm, and a width of each melting body is 1-5 mm (Claims 10, 11, 23). For claim 4, a width of the single piece of the fiber textile cloth is consistent with the width of the fiber textile cloth and the length of the single piece of textile cloth is 5 cm-200 cm (Claim 3). In claim 5, the first marginal edge portion and the second marginal edge portion comprise heat-melt cutting edges (Claim 15). With regard to claim 6, both sides of the base layer include a respective loop layer (Claim 5). For claim 13, the continuous fiber textile cloth includes one or more of (i) polyester fibers, (ii) polyester fibers and non-polyester fibers (Claim 13). Poirier et al. further disclose a cloth product that can be torn into pieces, comprising: a continuously extending cloth comprising a base layer woven from yarn and a loop layer located on at least one side of the base layer, the cloth including polyester fibers; wherein the cloth includes a plurality of thin line melting bodies at intervals along a length direction of the cloth, and each thin line melting body is configured to span from a first marginal edge portion of the cloth to a second marginal edge portion of the cloth located on an opposite side of a width of the cloth relative to the first marginal edge portion; wherein the thin line melting bodies are defined by melted and pressed material of the base layer and the loop layer of the cloth, such that each thin line melting body defines a thickness that is less than or equal to a thickness of the base layer of the cloth and extends from the first marginal edge portion to the second marginal edge portion, the melted and pressed material is thermally damaged and embrittled, and thereby defines a connection strength such that each of the thin line melting bodies can be manually torn along a length thereof; whereby by tearing along one of the thin line melting bodies, a piece of cloth is separable from the continuously extending cloth; and after tearing, a part of the one of the thin line melting bodies remains on a torn edge portion of the piece of cloth and binds off said torn edge portion (Claim 1, 4, 9, 20, 26, 27) as in claim 26. With respect to claim 27, each of the thin line melting bodies is configured to be in the form of a straight line, a curved line, a zigzag line, or a bent line (Claim 14). Regarding claim 28, the thickness of each thin line melting body is 0.01-2 mm, and a width of each thin line melting body is 1-5 mm (Claims 10 and 11). For claim 29, a width of the piece of cloth is consistent with the width of the cloth and a length of the piece of cloth is 5 cm-200 cm (Claim 3). With regard to claim 31, both sides of the base layer include a respective loop layer (Claim 5). In claim 36, each thin line melting body defines constraints between loop knitting units of the loop layer and loop units of the base layer that are damaged, and defines loop knitting units that are shrunken relative to loop knitting units of unmelted loop knitting units of the cloth (Claim 1, 2, 20, 21, 22, 25). For claim 38, the cloth includes one or more of (i) polyester fibers, (ii) polyester fibers and non-polyester fibers (Claim 13). In claim 39, the fibers of the cloth at the thin line melting bodies have a thermally damaged toughness and are brittle (Claim 1, 2, 20, 21, 22, 25). With regard to claim 41, each of the thin line melting bodies is formed to be tearable without cutting any portion of the thin line melting body (Claim 1, 2, 20, 21, 22, 25). As in claim 42, each of the thin line melting bodies extends continuously from the first marginal edge portion to the second marginal edge portion (Claim 1, 2, 14, 16, 20, 21, 22, 25). However, Poirier et al. fail to disclose an inner core, and the fiber textile cloth including the plurality of melting bodies is wound on the inner core, the fiber textile cloth including the plurality of melting bodies is stacked in a container in a "Z"-shaped continuous folding manner, the base layer is warp-knitted or weft-knitted, the base layer comprises loop units composed of woven threads, and the loop units are mutually interwoven to form constraints, the first marginal edge portion and the second marginal edge portion comprise heat-melt cutting edges, the base layer is warp-knitted, the base layer comprises loop units composed of woven threads, and the loop units are mutually interwoven to form constraints, the base layer is weft-knitted and comprises a semi-loop unit composed of woven threads, and semi-loop units formed by adjacent woven threads are mutually interwoven, and the thin line melting bodies are formed by heating, melting, and pressing the base layer and the loop layer in a range of 150°C and 400°C between a knife mold extending along the width of the cloth and an ultrasonic welding head operating at a vibration frequency in a range of 2000-50,000 times/second.
Cen et al. teach a cloth product that can be torn into pieces, comprising: a continuously extending fiber textile cloth comprising a base layer woven from yarn and a loop layer located on at least one side of the base layer; wherein the fiber textile cloth includes a plurality of melting bodies at intervals along a length direction of the fiber textile cloth, and each melting body is configured to span from approximately a first marginal edge portion of the fiber textile cloth to approximately a second marginal edge portion of the fiber textile cloth located on an opposite side of a width of the fiber textile cloth relative to the first marginal edge portion; wherein each melting body is defined by melted and pressed material of the base layer and the loop layer of the fiber textile cloth at the melting body, such that each melting body defines a thickness that is less than or equal to a thickness of the base layer of the fiber textile cloth outside the melting body and is substantially consistent from approximately the first marginal edge portion of the fiber textile cloth to approximately the second marginal edge portion of the fiber textile cloth, the melted and pressed material extends substantially uninterrupted from approximately the first marginal edge portion to approximately the second marginal edge portion, is thermally damaged and embrittled, and thereby defines a connection strength such that the melting body can be manually torn along a length thereof; whereby by tearing along one of the melting bodies, a single piece of the fiber textile cloth can be separated from the continuously extending fiber textile cloth; and after tearing, a part of the one of the melting bodies remains on an outer edge portion of adjacent unmelted fiber textile cloth of the single piece of the fiber textile cloth and binds off said outer edge portion (Claims 1 and 2), an inner core, and the fiber textile cloth including the plurality of melting bodies is wound on the inner core (Claim 7), the fiber textile cloth including the plurality of melting bodies is stacked in a container in a "Z"-shaped continuous folding manner (Claim 8), the base layer is warp-knitted or weft-knitted, the base layer comprises loop units composed of woven threads, and the loop units are mutually interwoven to form constraints (Claims 9 and 10), the first marginal edge portion and the second marginal edge portion comprise heat-melt cutting edges (Claim 5), the base layer is warp-knitted, the base layer comprises loop units composed of woven threads, and the loop units are mutually interwoven to form constraints (Claims 9 and 10), the base layer is weft-knitted and comprises a semi-loop unit composed of woven threads, and semi-loop units formed by adjacent woven threads are mutually interwoven (Claims 9 and 10), and the thin line melting bodies are formed by heating, melting, and pressing the base layer and the loop layer in a range of 150°C and 400°C between a knife mold extending along the width of the cloth and an ultrasonic welding head operating at a vibration frequency in a range of 2000-50,000 times/second (Claim 1, wherein ultrasonic has a high vibration) for the purpose of forming a continuous cloth with meltable material (Claim 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have weft or warp knitted clothes arranged in a roll or z-fold in Poirier et al. in order to form a continuous cloth with meltable material as taught by Cen et al.
Claims 1, 6, 13, 26, 31, 36, and 38 – 41 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 44 – 54, 57, 59 – 63, 65 – 68, and 70 – 76 of copending Application No. 19/550,759 to Poirier et al. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to cloth products. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Poirier et al. disclose a cloth product that can be torn into pieces, comprising: a continuously extending fiber textile cloth comprising a base layer woven from yarn and a loop layer located on at least one side of the base layer; wherein the fiber textile cloth includes a plurality of melting bodies at intervals along a length direction of the fiber textile cloth, and each melting body is configured to span from approximately a first marginal edge portion of the fiber textile cloth to approximately a second marginal edge portion of the fiber textile cloth located on an opposite side of a width of the fiber textile cloth relative to the first marginal edge portion; wherein each melting body is defined by melted and pressed material of the base layer and the loop layer of the fiber textile cloth at the melting body, such that each melting body defines a thickness that is less than or equal to a thickness of the base layer of the fiber textile cloth outside the melting body and is substantially consistent from approximately the first marginal edge portion of the fiber textile cloth to approximately the second marginal edge portion of the fiber textile cloth, the melted and pressed material extends substantially uninterrupted from approximately the first marginal edge portion to approximately the second marginal edge portion, is thermally damaged and embrittled, and thereby defines a connection strength such that the melting body can be manually torn along a length thereof; whereby by tearing along one of the melting bodies, a single piece of the fiber textile cloth can be separated from the continuously extending fiber textile cloth; and after tearing, a part of the one of the melting bodies remains on an outer edge portion of adjacent unmelted fiber textile cloth of the single piece of the fiber textile cloth and binds off said outer edge portion (Claims 44 – 50, 52, 54, 59 -63, 65 – 68, 71 – 74, and 76) as in claim 1. With regard to claim 6, both sides of the base layer include a respective loop layer (Claims 51, 68, 75). For claim 13, the continuous fiber textile cloth includes one or more of (i) polyester fibers, (ii) polyester fibers and non-polyester fibers (Claims 53, 70). Poirier et al. further disclose a cloth product that can be torn into pieces, comprising: a continuously extending cloth comprising a base layer woven from yarn and a loop layer located on at least one side of the base layer, the cloth including polyester fibers; wherein the cloth includes a plurality of thin line melting bodies at intervals along a length direction of the cloth, and each thin line melting body is configured to span from a first marginal edge portion of the cloth to a second marginal edge portion of the cloth located on an opposite side of a width of the cloth relative to the first marginal edge portion; wherein the thin line melting bodies are defined by melted and pressed material of the base layer and the loop layer of the cloth, such that each thin line melting body defines a thickness that is less than or equal to a thickness of the base layer of the cloth and extends from the first marginal edge portion to the second marginal edge portion, the melted and pressed material is thermally damaged and embrittled, and thereby defines a connection strength such that each of the thin line melting bodies can be manually torn along a length thereof; whereby by tearing along one of the thin line melting bodies, a piece of cloth is separable from the continuously extending cloth; and after tearing, a part of the one of the thin line melting bodies remains on a torn edge portion of the piece of cloth and binds off said torn edge portion (Claims 44 – 50, 52, 54, 59 - 63, 65 – 68, 71 – 74, and 76)as in claim 26. With regard to claim 31, both sides of the base layer include a respective loop layer (Claims 51, 68). In claim 36, each thin line melting body defines constraints between loop knitting units of the loop layer and loop units of the base layer that are damaged, and defines loop knitting units that are shrunken relative to loop knitting units of unmelted loop knitting units of the cloth (Claim 71). For claim 38, the cloth includes one or more of (i) polyester fibers, (ii) polyester fibers and non-polyester fibers (Claims 53 and 70). In claim 39, the fibers of the cloth at the thin line melting bodies have a thermally damaged toughness and are brittle (Clim 68). In claim 40, the part of the one of the thin line melting bodies that remains on the torn edge portion has rough edges configured to maintain a friction force with a surface of the cloth so the torn edge portion can be attached to the surface of the cloth (Claim 57). With regard to claim 41, each of the thin line melting bodies is formed to be tearable without cutting any portion of the thin line melting body (Claims 44 – 49).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 – 7, 13, 26 – 32, and 36 – 42 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (USPGPub 2020/0054156 A1) in view of Mittal et al. (USPGPub 2020/0040491 A1).
Chang discloses a cloth product that can be torn into pieces (Figures; Abstract) comprising: a continuously extending fiber textile cloth (Figure 2); wherein the fiber textile cloth includes a plurality of melting bodies at intervals along a length direction of the fiber textile cloth (Figure 2, #11), and each melting body is configured to span from approximately a first marginal edge portion of the fiber textile cloth to approximately a second marginal edge portion of the fiber textile cloth located on an opposite side of a width of the fiber textile cloth relative to the first marginal edge portion (Figure 2, #11); wherein each melting body is defined by melted and pressed material of the fiber textile cloth at the melting body (Paragraphs 0005, 0033, 0045, 0042), such that each melting body defines a thickness that is less than or equal to a thickness of the base layer of the fiber textile cloth outside the melting body and is substantially consistent from approximately the first marginal edge portion of the fiber textile cloth to approximately the second marginal edge portion of the fiber textile cloth (Figure 2, #11, Paragraphs 0037 and 0043), the melted and pressed material extends substantially uninterrupted from approximately the first marginal edge portion to approximately the second marginal edge portion (Figure 2, #11), is thermally damaged and embrittled, and thereby defines a connection strength such that the melting body can be manually torn along a length thereof (Abstract); whereby by tearing along one of the melting bodies, a single piece of the fiber textile cloth can be separated from the continuously extending fiber textile cloth (Abstract; Figure 9); and after tearing, a part of the one of the melting bodies remains on an outer edge portion of adjacent unmelted fiber textile cloth of the single piece of the fiber textile cloth and binds off said outer edge portion (Figure 9) as in claim 1. With respect to claim 2, each melting body is configured to be in the form of a straight line (Figure2, #11). In claim 5, the first marginal edge portion and the second marginal edge portion comprise heat-melt cutting edges (Figure 2, #11, wherein the edges are melted at the formation of the tearable line). As in claim 7, an inner core, and the fiber textile cloth including the plurality of melting bodies is wound on the inner core (Figures 2 and 8, Paragraphs 0037 and 0044). For claim 13, the continuous fiber textile cloth includes one or more of (i) polyester fibers, (ii) polyester fibers and non-polyester fibers (Paragraph 0034). Chang further discloses a cloth product that can be torn into pieces (Figures; Abstract), comprising: a continuously extending cloth (Figures), the cloth including polyester fibers (Paragraph 0034); wherein the cloth includes a plurality of thin line melting bodies at intervals along a length direction of the cloth (Figure 2, #11), and each thin line melting body is configured to span from a first marginal edge portion of the cloth to a second marginal edge portion of the cloth located on an opposite side of a width of the cloth relative to the first marginal edge portion (Figure 2, #11); wherein the thin line melting bodies are defined by melted and pressed material of the base layer and the loop layer of the cloth (Paragraphs 0005, 0033, 0045, 0042), such that each thin line melting body defines a thickness that is less than or equal to a thickness of the base layer of the cloth and extends from the first marginal edge portion to the second marginal edge portion (Figure 2, #11), the melted and pressed material is thermally damaged and embrittled, and thereby defines a connection strength such that each of the thin line melting bodies can be manually torn along a length thereof (Abstract); whereby by tearing along one of the thin line melting bodies, a piece of cloth is separable from the continuously extending cloth (Figure 9); and after tearing, a part of the one of the thin line melting bodies remains on a torn edge portion of the piece of cloth and binds off said torn edge portion (Figure 9) as in claim 26. With respect to claim 27, each of the thin line melting bodies is configured to be in the form of a straight line (Figure 2, #11). In claim 30, the first marginal edge portion and the second marginal edge portion comprise heat-melt cutting edges (Figure 2, #11, wherein the edges are melted at the formation of the tearable line). As in claim 32, an inner core, and the cloth is wound on the inner core (Figures 2 and 8, Paragraphs 0037 and 0044). In claim 36, each thin line melting body defines constraints between loop knitting units of the loop layer and loop units of the base layer that are damaged, and defines loop knitting units that are shrunken relative to loop knitting units of unmelted loop knitting units of the cloth (Paragraphs 0005, 0033, 0045, 0042). With regard to claim 37, the thin line melting bodies are formed by heating, melting, and pressing the base layer and the loop layer in a range of 150°C and 400°C between a knife mold extending along the width of the cloth and an ultrasonic welding head operating at a vibration frequency in a range of 2000-50,000 times/second (The limitations are a process recitation in a product. Product claims including process recitations are not limited by the manipulation of the recited steps, only the structure implied by the steps. See MPEP 2113. In the present instance, the process steps imply a tear line formed in a cloth material. The reference discloses such a product. See Paragraph 0036 – 0043). For claim 38, the cloth includes one or more of (i) polyester fibers, (ii) polyester fibers and non-polyester fibers (Paragraph 0034). In claim 39, the fibers of the cloth at the thin line melting bodies have a thermally damaged toughness and are brittle (Abstract, wherein the melting body is tearable, thereby having damaged toughness and are brittle). In claim 40, the part of the one of the thin line melting bodies that remains on the torn edge portion has rough edges configured to maintain a friction force with a surface of the cloth so the torn edge portion can be attached to the surface of the cloth. (Figure 9, wherein the material stays in a roll) With regard to claim 41, each of the thin line melting bodies is formed to be tearable without cutting any portion of the thin line melting body (Abstract). As in claim 42, each of the thin line melting bodies extends continuously from the first marginal edge portion to the second marginal edge portion (Figure 2, #11). However, Chang fails to disclose a base layer woven from yarn and a loop layer located on at least one side of the base layer, the thickness of each melting body is 0.01-2 mm, and a width of each melting body is 1-5 mm, a width of the single piece of the fiber textile cloth is consistent with the width of the fiber textile cloth and the length of the single piece of textile cloth is 5 cm-200 cm, and both sides of the base layer include a respective loop layer.
Mittal et al. teach terry towels having a base layer woven from yarn and a loop layer located on at least one side of the base layer (Figure 1, #120 – 150; Paragraph 0031) and both sides of the base layer include a respective loop layer (Figure 1, #120 – 150; Paragraph 0031) for the purpose of having a material with a longer life expectancy (Paragraph 0007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a base layer woven from yarn and a loop layer located on at least one side of the base layer in Chang in order to have a material with a longer life expectancy as taught by Mittal et al.
With regard to the limitations of “the thickness of each melting body is 0.01-2 mm, and a width of each melting body is 1-5 mm, a width of the single piece of the fiber textile cloth is consistent with the width of the fiber textile cloth and the length of the single piece of textile cloth is 5 cm-200 cm”, It would have been an obvious matter of design choice to change the size of the overall size of the cloth and the melting body, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.
Claims 8 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (USPGPub 2020/0054156 A1) in view of Mittal et al. (USPGPub 2020/0040491 A1) as applied to claims 1 and 26 above, and further in view of Huang et al. (USPGPub 2014/0057069 A1).
Chang, as modified by Mittal et al., disclosed the claim invention except for the fiber textile cloth including the plurality of melting bodies is stacked in a container in a "Z"-shaped continuous folding manner.
Huang et al. teach a dispensing sheet (Abstract) made from a variety of material (Paragraph 0026) stacked in a container in a "Z"-shaped continuous folding manner (Figures 4A – 4D) for the purpose of having uniform packing density in the interfolded stack and large volume transportation or storage of the sheets (Paragraph 0028).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a "Z"-shaped continuous folding manner in the modified Chang in order to have uniform packing density in the interfolded stack and large volume transportation or storage of the sheets as taught by Huang et al.
Claims 9, 34 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (USPGPub 2020/0054156 A1) in view of Mittal et al. (USPGPub 2020/0040491 A1) as applied to claims 1 and 26 above, and further in view of “What is Knit Fabric?”, NPL.
Chang, as modified by Mittal et al., disclosed the claim invention except for the base layer is warp-knitted or weft-knitted, the base layer comprises loop units composed of woven threads, and the loop units are mutually interwoven to form constraints, the base layer is warp-knitted, the base layer comprises loop units composed of woven threads, and the loop units are mutually interwoven to form constraints, and the base layer is weft-knitted and comprises a semi-loop unit composed of woven threads, and semi-loop units formed by adjacent woven threads are mutually interwoven.
“What is Knit Fabric?” teaches the base layer is warp-knitted or weft-knitted, the base layer comprises loop units composed of woven threads, and the loop units are mutually interwoven to form constraints (Page 2, Figures), the base layer is warp-knitted, the base layer comprises loop units composed of woven threads (Page 2, Figures), and the loop units are mutually interwoven to form constraints (Page 2, Figures), and the base layer is weft-knitted and comprises a semi-loop unit composed of woven threads, and semi-loop units formed by adjacent woven threads are mutually interwoven (Page 2, Figures) for the purpose forming a desired cloth layer (All document).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a warp and weft cloth in the modified Chaung in order form a desired cloth layer as taught by “What is Knit Fabric?”.
Conclusion
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 September 1, 2026
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