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 .
Examiner acknowledges pending claims 1-9, 11-12, 16-18, 20-23 and 25-26.
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 4-5 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 4 is rendered indefinite because it is not commensurate in scope with claim 1 from which it depends. Applicant’s claim 1 recites a second portion. Applicant’s claim 4 recites a second flame retardant textile. Applicant’s claim 1 does not recite a first flame retardant textile for the second laminate.
Claim 5 is rendered indefinite because it is not commensurate in scope with claim 1 from which it depends. Applicant’s claim 1 recites a second portion. Applicant’s claim 5 recites a third flame retardant textile. Applicant’s claim 1 does not recite a first or second flame retardant textile for the second laminate.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 6-9, 11, 16-18, 23 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arifoglu, WO 2019/212549.
Regarding claims 1-3, 6-9, 11 and 20-22, Arifoglu discloses a textile layer comprising covered core yarns and an adhesive layer bonded to the textile layer wherein the adhesive layer comprises a polymer resin and expandable graphite. Paragraph 0039 discloses that the adhesive layer is interchangeable with heat reactive material and polymer resin-expandable graphite mixture. Paragraph 0042 discloses a meltable material for the covered material of the core yarn. It is disclosed in paragraph 0059 discloses one or more additional layers like an inner layer and a facial layer wherein the adhesive is disposed between the textile layer and the at least one or more additional layers Examiner is corresponding the meltable material; adhesive layer and the one or more additional layers as the barrier forming the laminate of the first wherein the layers may be stitched together [quilted stitching] wherein the stitching is throughout the area of one or more or both or wherein the stitching is around the edges of one or more of the layers. Paragraph 0066 discloses that the one or more additional layers can be a barrier material. Arifoglu discloses a second portion including an adhesive layer and an inner layer formed of a textile backer [0047]. See Figure 5 – 100 a first portion and 142 a second portion.
Regarding claim 2, paragraph 0065 discloses a textile backer that can include flame retardant cottons wherein the textile backer can be the inner layer of the one or more additional layers [see 0059]. It is disclosed in paragraph 0059 discloses one or more additional layers like an inner layer and a facial layer wherein the adhesive is disposed between the textile layer and the at least one or more additional layers.
Regarding claim 16, paragraph 0020 discloses that the adhesive layer is bonded in a continuous or discontinuous manner.
Regarding claim 17, paragraph 0045 discloses that the textile layer has a weight ranging from 210 to 220 g/m2. Paragraph 0101 discloses that the laminate has a weight of about 237 g/m2. Thereby, providing a weight of the multilayer composite ranging from 447 g/m2 to 457 g/m2.
Regarding claim 18, paragraph 0066 discloses that the barrier layer can include expanded PTFE.
Regarding claim 23, paragraph 0006 discloses that the composite article is useful for producing garments.
Regarding claim 25, paragraph 0017 discloses a garment wherein the textile layer is oriented away from the body of the wearer. See also paragraph 0039.
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 12 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Arifoglu, WO 2019/212549.
Arifoglu, WO 2019/212549, above, remains relied upon for claim 1.
Regarding claim 12, Arifoglu is silent to wherein the land areas of the quilted stitches ranges from 1 cm2 to 450 cm2. This is an optimizable feature. The stitching affects the bonding of the layers. One of ordinary skill in the art before the effective filing date of the invention would optimize the land areas of the quilted stitches ranges from 1 cm2 to 450 cm2 to ensure effective bonding of the layers.
Regarding claim 26, Arifoglu teaches the claimed but fails to teach wherein the article provides an Arc Thermal Performance Value of at least 40 calories/cm2, when tested according to ASTM F1959. It is reasonable to presume that an Arc Thermal Performance Value of at least 40 calories/cm2, when tested according to ASTM F1959 is inherent to Arifoglu. Said presumption is based on Arifoglu’s disclosure of a textile layer comprising covered core yarns and an adhesive layer bonded to the textile layer wherein the adhesive layer comprises a polymer resin and expandable graphite. Paragraph 0039 discloses that the adhesive layer is interchangeable with heat reactive material and polymer resin-expandable graphite mixture. Paragraph 0042 discloses a meltable material for the covered material of the core yarn. It is disclosed in paragraph 0059 discloses one or more additional layers like an inner layer and a facial layer wherein the adhesive is disposed between the textile layer and the at least one or more additional layers Examiner is corresponding the meltable material; adhesive layer and the one or more additional layers as the barrier forming the laminate of the first wherein the layers may be stitched together [quilted stitching] wherein the stitching is throughout the area of one or more or both or wherein the stitching is around the edges of one or more of the layers. Paragraph 0066 discloses that the one or more additional layers can be a barrier material. Arifoglu discloses a second portion including an adhesive layer and an inner layer formed of a textile backer [0047]. See Figure 5 – 100 a first portion and 142 a second portion. Burden is upon applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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