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 .
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.
Claim(s) 1-3, 5-7, 9-20 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by US 2023/0210204 (Koshkaroff et. al.).
Regarding claim 1, ‘204 discloses: an article of apparel [100, fig. 1, is itself a trim piece that can be considered as a textile patch which is an article of apparel or as the wall of an article of apparel, par. 105, detailed description] comprising: a multi-layer textile [100, fig. 6] comprising: a fabric layer [122, fig. 6]; a film layer [116, fig. 6] coupled to the fabric layer [122 coupled to 116, fig. 6]; and a decorative layer [114, par. 106, detailed description]; and a vent [610, fig. 6] extending through the multi-layer textile [shown explicitly in fig. 6]; wherein the film layer, when exposed to an external stimulus, undergoes a shape change that causes the vent to transition from a closed state to an open state [par. 86, detailed description explicitly states, “a vent structure that dynamically transitions (e.g., without manual operation or manipulation) from a closed state to an open state in response to exposure to an external stimulus such as, for example, moisture in the form of perspiration. When the external stimulus is removed, the vent structure dynamically transitions back to a closed state. This allows needed venting when, for example, a wearer is exercising and a decrease in venting when the wearer is at rest without any manipulation of the vent structure by the wearer.”].
Regarding claim 2, ‘204 discloses: the vent comprises a first slit having at least one linear segment [Fig. 17 shows numerous various vent configurations including those with at least one linear segment].
Regarding claim 3, ‘204 discloses: the first slit further comprises a curvilinear segment extending from the at least one linear segment [Fig. 17 shows various vent configurations including those with at least one linear segment that that extends into a curvilinear segment, including 120D and 120E].
Regarding claim 5, ‘204 discloses: the decorative layer [114, fig. 6] is affixed to a first surface of the film layer [116, fig. 6], and wherein the fabric layer [122, fig. 6] is affixed to a second surface of the film layer opposite the first surface [shown explicitly in fig. 6].
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Regarding claim 6, ‘204 discloses: the decorative layer [114, “The substrate layer 114, in example aspects, may include a knit construction, a woven construction, a nonwoven construction, a braid construction, and the like. In some example aspects, the substrate layer 114 may include one or more coatings or finishes such as, for example, a durable water repellant finish, applied to the opposite second surface 118.”, par. 106, detailed description] comprises a material that is less breathable than the fabric layer [122; “the support layer 122 may include a mesh material, a spacer mesh material, a fleece material with openings, and the like.”, par. 111 detailed description; a woven fabric with durable water repellant finish is ‘less breathable’ than a mesh fabric which is disclosed as loosely woven/knit and/or perforated with holes to increase its permeability/breathability in par. 103, detailed description].
Regarding claim 7, ‘204 discloses: the film layer [116] is disposed between the fabric layer [122] and the decorative layer [114] and at least partially affixes the decorative layer to the fabric layer [figs 1 & 2; and 5 & 6, show film in between both layers and ‘at least partial affixation’ of all layers and disclosed in pars. 106, 111, 113].
Regarding claim 9, ‘204 discloses: an upper-body garment [fig. 9] comprising: a torso portion having a waist opening, a neck opening, a left arm opening, and a right arm opening [fig. 9 garment shows claimed openings]; the torso portion comprising a textile layer [122], a film layer [116], and a decorative layer [114], the decorative layer positioned exterior to the textile layer and the film layer [fig. 6 shows 114 on an ‘exterior’ or outward facing position to layers 116 and 122]; and a vent formed through the textile layer, the film layer, and the decorative layer [fig. 6 shows vent formed through all layers], wherein the film layer, when exposed to an external stimulus, undergoes a shape change that causes the vent to transition from a closed state to an open state [par. 86, detailed description explicitly states, “a vent structure that dynamically transitions (e.g., without manual operation or manipulation) from a closed state to an open state in response to exposure to an external stimulus such as, for example, moisture in the form of perspiration. When the external stimulus is removed, the vent structure dynamically transitions back to a closed state. This allows needed venting when, for example, a wearer is exercising and a decrease in venting when the wearer is at rest without any manipulation of the vent structure by the wearer.”].
Regarding claim 10, ‘204 discloses: the torso portion includes a front region and the film layer and the decorative layer are joined to the textile layer at the front region [fig. 9 shows the garment front torso with the composite material 920 equivalent to material 100 that include the film layer, decorative layer and textile layer joined to each other and at the front of the garment].
Regarding claim 11, ‘204 discloses: the front region is proximate a front thoracic region of the torso portion [shown explicitly and inherent to garment shown in fig. 9].
Regarding claim 12, ‘204 discloses: the torso portion further comprises a mesh-layer [figs. 16a-c; par. 138 detailed description, “In some examples, the upper-body garment 1610 can include a mesh layer, or other inner lining…”.].
Regarding claim 13, ‘204 discloses: the vent comprises a first slit intersecting a second slit [Fig. 1 and 17 show numerous various vent configurations including those with intersecting slits including 120, 120b, 120c, 120f, 120g, 120h, 120i].
Regarding claim 14, ‘204 discloses: the first slit comprises a first end and a second end, the first slit defined by a first edge and a second edge each extending between the first end and the second end, wherein the second slit comprises a third end and a fourth end, the second slit defined by a third edge and a fourth edge each extending between the third end and the fourth end [slit 120 shown in fig. 1; includes a first vertical slit with 2 ends and defined by 2 edges and a second horizontal slit with 2 ends and defined by 2 edges].
Regarding claim 15, ‘204 discloses: in the closed state the first edge is positioned adjacent to the second edge and the third edge is positioned adjacent to the fourth edge [slit 120 shown in fig. 1; includes a first vertical slit with 2 ends and defined by 2 adjacent edges and a second horizontal slit with 2 ends and defined by 2 adjacent edges].
Regarding claim 16, ‘204 discloses: in the open state the first edge is spaced apart from the second edge and the third edge is spaced apart from the fourth edge [fig. 3 shows slit 120 in the open states all edges are spaced apart in the open state].
Regarding claim 17, ‘204 discloses: an article of apparel [100, fig. 1, is itself a trim piece that can be considered as a textile patch which is an article of apparel or attached to the wall of an article of apparel as in figs. 12-14, par. 105 and par. 132, detailed description] comprising: a multi-layer textile [100, fig. 6] comprising: a fabric layer [122, fig. 6]; a film layer [116, fig. 6] coupled to the fabric layer [122 coupled to 116, fig. 6] and a decorative layer [114, par. 106, detailed description]; and a vent [610, fig. 6] extending through the multi-layer textile [shown explicitly in fig. 6]; and a concealment layer in a face-sharing relationship with the multi-layer textile [figs. 16a-c; par. 138 detailed description, “In some examples, the upper-body garment 1610 can include a mesh layer, or other inner lining…”; an inner mesh lining would function to at least somewhat “conceal” the vent from being seen from the inner side of the garment]; wherein the film layer, when exposed to an external stimulus, undergoes a shape change that causes the vent to transition from a closed state to an open state [par. 86, detailed description explicitly states, “a vent structure that dynamically transitions (e.g., without manual operation or manipulation) from a closed state to an open state in response to exposure to an external stimulus such as, for example, moisture in the form of perspiration. When the external stimulus is removed, the vent structure dynamically transitions back to a closed state. This allows needed venting when, for example, a wearer is exercising and a decrease in venting when the wearer is at rest without any manipulation of the vent structure by the wearer.”].
Regarding claim 18, ‘204 discloses: the concealment layer comprises a mesh layer positioned adjacent to an inward-facing surface of the multi-layer textile [figs. 16a-c; par. 138 detailed description, “In some examples, the upper-body garment 1610 can include a mesh layer, or other inner lining…”; an inner mesh lining be adjacent an inward facing surface of the multilayer textile and would function to at least somewhat “conceal” the vent from being seen from the inner side of the garment].
Regarding claim 19, ‘204 discloses: the concealment layer is attached to the fabric layer [in the embodiment in fig. 14 an inner lining mesh would be at least indirectly attached to the fabric layer of multilayer textile 920].
Regarding claim 20, ‘204 discloses: the concealment layer comprises a perimeter that generally corresponds to a border of the decorative layer [an inner lining mesh inherently “generally corresponds to a border” of the decorative layer of 920; in that “generally corresponds” has an exceedingly broad reasonable interpretation. An inner lining would “generally correspond to a border” of the other layers of the garment as a lining would cover the same area as the layers it is “lining”].
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0210204 (Koshkaroff et al.) in view of US 12053041 (Koshkaroff et al.).
Regarding claim 4, ‘204 discloses: the decorative layer [114, fig. 6] is affixed to a first surface of the film layer [116, fig. 6], and wherein the fabric layer [122, fig. 6] is affixed to a second surface of the film layer opposite the first surface [shown explicitly in fig. 6].
This differs from claim 4 by requiring: the decorative layer is affixed to a first surface of the fabric layer, and the film layer is affixed to a second surface of the fabric layer opposite the first surface.
The difference can be expressed that the film is placed on an exterior surface rather than sandwiched in-between the other two layers.
With regards to placement of the film on the outward surface of a multilayer textile vent structure, ‘041 teaches explicitly, “The textile 100 includes a plurality of discrete overlay film structures 110. As shown in the magnified view of FIG. 1, the discrete overlay film structures 110 have a generally oval shape with a long axis 115 of each of the film structures 110 oriented in the y-direction and a short axis 117 of each of the film structures 110 oriented in the x-direction; the long axis 115 is longer than the short axis 117. The dimensions of the long axis 115 and the short axis 117 are variable and dependent upon the intended use of the overlay film structures 110. The shape and the orientation of the discrete overlay film structures 110 are illustrative only, and other shapes and orientations are contemplated herein. Using multiple, discrete overlay film structures as opposed to a continuous film allows for more exposure of the textile 100 which can provide functional advantages based on the characteristics of the textile 100 such as moisture wicking, permeability, breathability, and the like. Also, use of discrete overlay film structures as opposed to a continuous film allows for fine-tuning of where deformation of the textile 100 is desired [par. 48, detailed description].”.
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the multilayer textile vent layered structures of ‘204 to include overlay or outer surface film layers/structures to allow the vents functional characteristics can be fine tuned to provide the desired levels of vent deformation of the textile as desired.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0210204 (Koshkaroff et al.).
Regarding claim 8, ‘204 does disclose the film layer [116] may be secured to the substrate/decorative layer [114] by melting such that the film layer [116] penetrates, or at least partially penetrates, through at least the first surface of the substrate/decorative layer [114].
‘204 does not teach: the film layer [116] is at least partially melted into the fabric layer [122].
Regarding the fabric layer’s attachment to the multilayer textile, ‘204 does disclose: “In example aspects, the support layer 122 is secured to the composite structure 112 along one or more perimeter edges of the support layer 122. In one example, the support layer 122 may be secured to the composite structure 112 by way of stitching as shown by stitches 212 although other affixing technologies are contemplated herein including bonding, adhesives, and the like. In this example, a potential space 214 may be formed between portions of the support layer 122 and the composite structure 112. Aspects herein also contemplate that the support layer 122 may be secured to the composite structure 112 at areas interior to the perimeter edges of the support layer 122. Any and all aspects, and any variation thereof, are contemplated as being within aspects herein [par. 113, detailed description].”.
‘204 teaches ‘partial melting’ as an “affixing technology” for attaching of the film layer to the decorative layer.
Further, ‘204 teaches the fabric layer 122 may be secured to the composite structure by other known affixing technologies.
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the affixing technology used to affix the film layer to the fabric layer with various known affixing technologies including partial melting which is taught by ‘204 as a known affixing technology that is appropriate to affix layers of a multilayer textile vent composite material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Numerous active vent garment/textile structures are attached to instant and previous PTO-892 references.
US 11559092; 8048371; both appear to be most similar in that they use thermoplastic films as part of the multilayer venting structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732
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