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 .
The terminal disclaimer filed on 7/23/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,131,068 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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) 1,5-14, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fowler et al, U.S. Patent Application Publication No. 2012/0315816 in view of Ayers et al, U.S. Patent Application Publication No. 2019/0360162.
Fowler discloses products formed from reclaimed carpets and synthetic turfs. See paragraphs 0005, 0018-0019. The reclaimed carpet material can be any material obtained from a prior manufactured carpet product, either used, (a post consumer product), or remnants or new carpet materials which did not meet quality control requirements, etc. See paragraph 0019. The reclaimed carpet can include synthetic materials such as polymers, natural fibers, biodegradable materials, parts of the face layer, adhesives layers, backing layers, secondary backing layers, underlayment, cushioning, reinforcing layer or scrim, as well as fillers. See paragraph 0019-0020. The carpet material can be ground or shredded. See paragraph 0023. The carpet material can be used as a component for fiber pad products disclosed in the reference See paragraph 0022.
With regard to the synthetic turf, Fowler teaches that synthetic turf includes any form of artificial grass or turf conventionally used as an athletic playing surface of in any other application where an alternative to natural grass is desired including playgrounds, lawns, landscaping, tennis courts, etc. See paragraph 0025. Conventionally, synthetic turf includes a pile fabric having a backing and upstanding ribbons or face fibers which resemble blades of grass. The synthetic grass can be polyolefins, nylon or other polymeric materials. The fibers are generally tufted or sent into a primary backing which can be, for example, polypropylene or polyester. An adhesive coating material is applied to the fiber and primary backing to hold the face fibers in place. See paragraph 0026. The reclaimed synthetic turf material can refer to any material obtained from a prior manufactured synthetic turf product. See paragraph 0034.
With regard to the composition of the nonwoven pad, Fowler discloses a nonwoven fiber pad. See paragraph 0075. The nonwoven pad can be prepared from any fibrous reclaimed turf material described in Fowler. See paragraph 0007. For example, polymeric turf fibers, bicomponent fibers, (paragraph 00831), infill, face layer and backing layer, (see paragraph 0111) as well as the adhesive coating, (see paragraph 0034), are all examples of the reclaimed turf materials. The face fibers can be polyethylene fibers. See paragraph 0028. The fiber pad can comprise a nonwoven material comprising nylon, polyester, polypropylene, polyethylene, polyurethane, PVC, PET, SBR, polylactic acid and other biodegradable fibers in combination with a low melting binder. See paragraphs 0075 and 0077. Thus, Fowler teaches that the nonwoven pad can include at least three reclaimed artificial turf material, (the face fibers, the backing layer fibers and coating), since Fowler teaches employing any part of the turf material to form the nonwoven pad. Further, as set forth above, Fowler teaches incorporating reclaimed carpet material into the fiber pads as disclosed. See paragraph 0022.
Fowler further teaches that the nonwoven can include bicomponent fibers. See paragraphs 0081-0083. Since the nonwoven can comprise binder fibers in the amount of 0-80% of the total amount of the pad, (see paragraph 0085), and the pads are prepared from fibrous reclaimed turf material, if the binder fibers are present in an amount of 0-80%, the remaining fibers, including the reclaimed carpet material as well as the three reclaimed artificial turf materials would be present in amounts of 100-20%. Note that the claimed fibers of polypropylene, polyester, nylon or a combination are all listed as being among the fibers typically found in the reclaimed turf material. See paragraphs 0075 and 0077. Thus, for example, the bicomponent fibers could be present in an amount of 30%, the three reclaimed materials could be present in an amount of 35 % and the reclaimed carpet material could be present in an amount of 35%, or within other amounts within these ranges, since it would have been obvious to have selected an optimum or workable range from within the broad ranges disclosed in Fowler and also depending on which of the reclaimed materials were available.
The fibers can have deniers of from 1-1500. The pads can have a thickness of 0.1-7 inches, a weight of 5-100 osy, a density of 0.5-25 pounds per cubic foot. See paragraph 0088-0089. The pad can be combined with a face layer made from the claimed materials which corresponds to the claimed scrim which can be applied to the front or back face. See paragraph 0091-0092. The pad can be needled punched and combined with another substrate. See paragraph 0094. The pad can be combined with a thermoplastic foam. See paragraph 0095. The pad can be processed to form an integrated raised pile. See paragraph 0096. The pads can be formed as sports field underlayments and can comprise infill such as granules, tufts and ribbons. See paragraphs 0098-0100. The pads can further comprise additional filler such as calcium carbonate, mica, fiberglass, wood, wollastonite, taco, rubber, other minerals and ground recycled materials. See paragraph 0110. The structures can have any shape and size. See paragraph 0121. The pads can be combined with additional layers and needle punched through either the front or back face to form a pile surface on the opposite face. See paragraph 0096. The pads can be used as underpayments for sports fields and therefore it would have been obvious to have used them below artificial turf materials for sports fields as set forth in claim 20. See paragraph 0098.
Fowler differs from the claimed invention because it does not teach the claimed vertical water drainage capability.
With regard to the vertical water drainage capability. Ayers teaches employing permeable nonwoven fabrics in combination with artificial turf in order to provide drainage to the structure. See abstract as well as claim 1.
Therefore, it would have been obvious to have provided the nonwoven in Fowler with a nonwoven having the desired drainage properties as taught by Ayers in order to provide a structure having the desired water drainage.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fowler in view of Ayers as applied to claims above, and further in view of as applied to claims above, and further in view of Sawyer et al, U.S. Patent Application Publication No. 2019/0203425.
Fowler differs from the claimed invention because it does not disclose the claimed resiliency and cushioning properties.
However, with regard to the resiliency and cushioning properties, Sawyer teaches optimizing the resiliency and cushioning properties of the pad such as Gmax and Head Impact criterion as well as water drainage by selecting the type and size of the infill and underlayment in order to provide a pad having the desired cushioning properties and water drainage. See entire document especially paragraphs 0050—0073.
Therefore, it would have been obvious to one of ordinary skill in the art to have selected the types and sizes of the infill and underlayment as taught by Sawyer in order to provide a structure having the desired cushioning properties and water drainage.
Applicant's arguments filed 7/23/26 have been fully considered but they are not persuasive.
Applicant argues that Fowler in view of Ayer does not disclose the claimed vertical drainage rate and does not disclose the claimed blend of reclaimed turf materials, reclaimed carpet material and heat set binder.
However, with regard to the vertical drainage, one of ordinary skill would recognize that a turf material would be required to have drainage so that water from rain would not sit on top of the turf material but would drain down into the soil underneath it. Otherwise, the turf material would be constantly water logged and unusable. Secondly, Ayers teaches that nonwovens can be combined with turf materials to provide suitable water drainage. Similarly, Sawyer also teaches selecting components for artificial turf to provide a desired degree of cushioning and drainage. Therefore, one of ordinary skill would have been motivated to combine the teachings of Ayers with those of Fowler to provide a turf material having the desired degree of water drainage, because water drainage would be a requirement in an artificial turf material.
With regard to the combination of components, since Fowler teaches ranges which encompass the claimed ranges, it would have been obvious to one of ordinary skill to have selected the optimum or workable range within the broad ranges disclosed in Fowler in order to provide a pad which had suitable water drainage, which would be required in an artificial turf material as well as optimal cushioning properties. Once the same proportions were present, it would be reasonable to expect that the properties of the material would also be the same, since like materials would have like properties. Finally, Ayers provides a rationale to optimize water drainage of the material, even if it is not clear on its face that an artificial turf material would require water drainage in order to be useful.
Applicant’s amendment has overcome the rejection over Fowler in view of Van der Wende.
THIS ACTION IS MADE FINAL. 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 ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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