www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`15/609,43 1
`
`05/31/2017
`
`Kazushige SUGITA
`
`NIIPP0193US
`
`1038
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`WORRELL, KEVIN
`
`1789
`
`12/24/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-4,9,11-16 and 20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CL) Claim(s)
`is/are allowed.
`Claim(s) 1-4,9,11-16 and 20 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a)L) All
`1... Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) ([] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20201205
`
`Application No.
`Applicant(s)
`15/609,431
`SUGITAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`Kevin Worrell
`1789
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 12/3/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A requestfor continued examination under 37 CFR 1.114, including the fee setforth in
`
`37 CFR 1.17(e), wasfiled in this application after final rejection. Since this application is eligible
`
`for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has
`
`been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37
`
`CFR 1.114. Applicant's submission filed on 12/3/2020 has been entered.
`
`Disposition of Claims
`
`3.
`
`Claims 1-4, 9, 11-16 and 20 are pending in the application. Claims 5-8, 10 and 17-19
`
`have been cancelled.
`
`4.
`
`Amendments to claims 1, 13 and 20, filed on 12/3/2020, have been entered in the
`
`above-identified application.
`
`Claim Rejections - 35 USC § 102/103
`
`5.
`
`The text of those sections of Title 35, U.S. Code not included in this action can
`
`be found in a prior Office action.
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 3
`
`6.
`
`Claims 1-4, 9, 11-16 and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as
`
`anticipated byor, in the alternative, under 35 U.S.C. 103 as obvious over Kunisada
`
`(JP2012/158848A, see the machine translation attached on 9/4/2020).
`
`7.
`
`Regarding claims 1-4, 9 and 11-16, Kunisada teaches a cloth material ‘10’ (afiber
`
`product as claimed) that is a member made of a cloth, such as a woven fabric, knitted fabric,
`
`nonwovenfabric (a random arrangementlike cotton as claimed), or a composite thereof
`
`([0013]).
`
`In the alternative, Kunisada teaches that, in an embodiment, the cloth material is used
`
`as a skin material (for example, 4S, 6S, 8S) (alternatively a fiber product as claimed) of various
`
`configurations of the vehicle seat, and Kunisada teaches that the surface material (skin material
`
`body) of the skin material may be any non-woven fabric produced by any web bonding
`
`technique (a random arrangementlike cotton as claimed) ([0012] and [0054]).
`
`8.
`
`Kunisada teachesthat the cloth material ‘10’ has a plurality of constituent yarns such as
`
`first wire ‘20f (a metal fiber thread as claimed) and second wire ‘20s’ ([0013] and claim 1).
`
`Kunisada teachesthatthe first wire material “20f’ comprises a bundle of a plurality of
`
`electroconductive yarns ‘24,’ a fusible yarn ‘26’ with a fusion property and a winding yarn ‘28’
`
`made of different synthetic fiber from the fusible yarn or naturalfiber (Abstract). Kunisada
`
`teaches that a core yarn ‘22’ is obtained by arranging the fusible yarn ‘26’ along the axial core
`
`direction of the electroconductive yarns ’24,’ and the winding yarn ‘28’is spirally provided
`
`around the core yarn ‘22’ (Abstract). Kunisada teaches that examples of such conductive yarns
`
`‘24include carbon fiberfilaments, metal wires, and plated wires, wherein examplesof the metal
`
`wires include wires made of gold, silver, copper, brass, platinum, iron, steel, zinc, tin, nickel,
`
`stainless steel, aluminum, tungsten, and the like ([0016]-[0017]). Kunisada teachesthat,
`
`although the wire diameter of a metal wire is not specifically limited, it is preferable thatit is 10-
`
`150 micrometers, especially 20-60 micrometers ([0018]). Kunisada teaches that the numberof
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 4
`
`twists of the winding yarn ‘28’ with respect to the core yarn ‘22’ is appropriately set by, for
`
`example, setting the twist number of the winding yarn ‘28’ to 20 to 2000 T/m ([0028)).
`
`9.
`
`10.
`
`Thus, Kunisada teachesa fiber product as claimed.
`
`In the alternative, in the event that Kunisada is found notto explicitly disclose wherein
`
`the wound yarn (winding yarn ‘28’) is false-twisted in a metal fiber core embodiment as applied
`
`above, Kunisada teaches an example in which a 330 false-twisted filament PET false twisted
`
`yarn is spirally wound around a bundle of conductive fibers made of carbon fibers at a covering
`
`twist numberof 1500 T/m ([0024]).
`
`11.
`
`It would have been obvious to one having ordinary skill in the art prior to the effective
`
`filing date of the invention to have similarly used a false twisted yarn as a winding yarn around
`
`conductive fibers made of metalfibers in order to provide the yarns with properties such as
`
`excellent covering property and durability, as suggested by Kunisada ([0024], [0028] and
`
`Example 1).
`
`12.
`
`Regarding claim 20, Kunisada remains similarly as applied aboveto claim 1, teaching a
`
`cloth material ‘10’ (a fiber product as claimed) that is a member madeof a cloth, such as a
`
`woven fabric, knitted fabric, nonwoven fabric, or a skin material (alternatively a fiber product as
`
`
`claimed) that may be any non-woven fabric produced by any web bonding technique ([0012]-
`
`[0013] and [0054)).
`
`Claim Rejections - 35 USC § 103
`
`13.
`
`Claims 1-4, 9, 11-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Kunisada (JP2012/158848A, see the machine translation attached on 9/4/2020), as
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 5
`
`applied above to claims 1-4, 9, 11-16 and 20 above,in view of Akaike et al. (US PGPUB
`
`2010/0258334).
`
`14.
`
`Regarding claims 1-4, 9, 11-16 and 20, Kunisada remains as applied above.
`
`15.
`
`In the event that Kunisadais found not to explicitly disclose wherein the fiber product
`
`comprises multiple instances of the metalfiber thread in a random arrangementlike cotton,
`
`Akaikeis relied upon as applied below.
`
`16.
`
`Akaike teaches a skin material of vehicle interior equipment, which includesa first fabric
`
`material that is formed ofa first conductive wire material and a main fiber material (see Abstract,
`
`[0068] and [0150]). Akaike teaches that when a nonwoven fabric is made as the fabric material,
`
`for example, a webis formed by blending the conductive wire material and the main fiber
`
`material, and then the webis interlaced to form a nonwoven fabric ([0068]; also [0062)).
`
`17.
`
`It would have been obvious to one having ordinary skill in the art prior to the effective
`
`filing date of the invention to have modified the fabric material of the skin material of Kunisada
`
`with a nonwoven webformed by blending and interlacing a conductive wire material with a main
`
`fiber material in order to obtain a skin material that can be electrically connected to a conductive
`
`memberfor use in vehicle interior equipment, and in order to vary the appearance and/or the
`
`electrical properties of the skin material (Akaike: see Abstract, [0062] and [0068)]).
`
`18.
`
`Claims 1-4, 9, 11-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Watanabeet al. (WO 2013/039195 A1) in view of BakerJr. (US PGPUB 2003/0205041).
`
`19.
`
`Regarding claims 1-4 and 11-16, Watanabe teaches a radiation protective fabric thatis
`
`ideal for use in radiation protective clothing, the radiation protective fabric comprising metal
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 6
`
`fibers having a tungsten or molybdenum contentthat is 95 wt% or greater (Abstract, [0011] and
`
`[0035]). Watanabe teachesthat the lower limit of the diameter of the metal fiber perfiber is 5
`
`um, and the preferable upper limit is 100 um , wherein the particularly preferable lowerlimit is
`
`15 um, and particularly preferable upper limit is 40 um ([0023]). Watanabe also teachesthat
`
`the metalfiber may be a single yarn or a composite yarn, wherein the form of the composite
`
`yarn includes multifilament yarns, monofilament yarns, staple fibers, covered yarns (for
`
`example, SCY or DCY), twisted yarns, knitting, and blade yarns (braid) ({(0025]). Watanabe also
`
`teaches that the radiation protective cloth of the present invention may be composedof only the
`
`above-mentioned metalfibers, but, in order to further improve the requirement offlexibility, etc.,
`
`other fibers may be mixed, examples thereof including polyurethane fibers, nylon 6, nylon 12,
`
`polyester, cotton, rayon and the like ([0033]). Watanabe teachesthat the fabric for radiation
`
`protection includes a knitted fabric, a wovenfabric, a braid, and the like ([0030)).
`
`20.
`
`The examiner notes that SCY and DCY ([0025]) are abbreviations for ‘single covered
`
`yarns’ and ‘double covered yarns,’ which would comprise either one or two yarns wrapped
`
`around a core yarn.
`
`21. Watanabe doesnot explicitly disclose wherein the metal fiber thread includes a false-
`
`twisted yarn which is made of a chemicalfiber wound around a length of the tungsten wire, the
`
`tungsten wire being a coreline of the metalfiber thread, or wherein the fiber product comprises
`
`multiple instances of the metalfiber thread in a random arrangementlike cotton.
`
`22.
`
`However, BakerJr. (“Baker”) teaches a composite matrix yarn that includes a cover yarn
`
`formedof a plurality of twisted fibers, a core strand positioned within the cover yarn and around
`
`whichthe fibers of the cover yarn are twisted, and an adhesive bindercarried on the core strand
`
`(Abstract). Baker teaches that the core strand may be chosen from the group consisting of wire,
`
`spun yarn, monofilament yarn and multifilament yarn ([0025], [0031], [0052], and [0096]). Baker
`
`teaches that the yarns can be madein right hand "Z"or left hand "S" twist direction ([0042]).
`
`The examiner notes Baker also teaches use of spinning methods and equipment that include
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 7
`
`false twisting processing of the fibers (see [0042] and [0038]-[0041]; also [0011] and [0017)).
`
`Bakeralso teaches that typical applications for the matrix yarns include nonwovens,
`
`needlepunchfabrics, woven, knitted, malimo, maliwat, malipole, triaxial woven, braided, or
`
`spiraled fabric construction ([0075]-[0095]). Baker teaches that the staple cover may be
`
`composedof vegetable, organic, regenerated, newor virgin, and/or synthetic material or any
`
`combination thereof, and the binder may be thermoplastic or low melt fibers blended into the
`
`staple coveror fed parallel in sliver form ([0097]-[0098)).
`
`23.
`
`It would have been obvious to one having ordinary skill in the art prior to the effective
`
`filing date of the invention to have modified the covered yarns of Watanabe with a cover yarn
`
`formedof a plurality of regenerated and/or synthetic false-twisted fibers, with the fibers of the
`
`cover yarn twisted around the corestrand of wire, and with a nonwoven, needlepunchfabric
`
`malimo, maliwat or malipole structure (which include random arrangements), in order to obtain
`
`fabrics having enhanced cover factor, tear resistance, abrasion resistance, tensile strength,
`
`burst strength, bending radius, flexibility and toughness, and for use in applications such as
`
`gloves, as taught by Baker (see [0047]; also see [0038]-[0042], [0058] and [0075]-[0097] and
`
`[0099)).
`
`24.
`
`Regarding claim 9, Baker teachesthat typical applications for the matrix yarns include
`
`gloves ([0075]-[0095)).
`
`25.
`
`Regarding claim 20, Baker remains similarly as applied above to claim 1, teaching that
`
`typical applications for the matrix yarns include nonwovens, needlepunch fabrics, woven,
`
`knitted, malimo, maliwat, malipole, triaxial woven, braided, or spiraled fabric constructions
`
`([0075]-[0095]). Baker also teaches that once braided, spiraled, woven, knitted, or otherwise
`
`made into its end product, the matrix yarns enhance the properties and/or cost of these
`
`products ([0047] and [0099]). Baker teaches that the matrix yarns may be used by themselves
`
`as a single strand or they may beplied in multiple strands with a sufficient amountof ply twist to
`
`maximize strength and complement the end use ([0058)).
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 8
`
`Response to Arguments
`
`26.
`
`Applicant's argumentsfiled 12/3/2020 have beenfully considered but they are not
`
`persuasive.
`
`27.
`
`Contention (1): Applicant contends that while Kunisada mentions a "non-woven fabric",
`
`this description is not with reference to the conductive wires 20f, but is rather in reference to the
`
`skin material or the base material of the fabric material 10 that is different than the conductive
`
`wires 20f. Applicant also contendsthat if the configuration as indicated by "multiple instances of
`
`... IN a random arrangement like cotton" was adopted to the conductive wires 20f of Kunisada,
`
`an electric current cannotflow in the first wire material 20f of fabric material 10.
`
`28.
`
`Regarding this contention, the examinernotes that although Kunisada teaches an
`
`embodimentin which the fabric material '10' is a knitted fabric in which the first wire '20f(a
`
`metalfiber thread as claimed) is knitted as constituent yarns, Kunisada also teachesthat the
`
`fabric material '10' can be a wovenfabric, knitted fabric, non-wovenfabric, or a composite
`
`thereof ([0013]). Thus, in the examiner’s view, the cloth fabric material 10 can be a non-woven
`
`fabric comprising only non-woven fibers, as opposed to a composite of a non-woven fabric and
`
`a woven and/or knit fabric. The examiner notes that even in the knitted fabric embodiment,
`
`Kunisada is not limited to equal spacing offibers but instead teaches that the arrangementof
`
`the plurality of the first wires '20f may either be equally spaced or may not be equally spaced
`
`([0032]).
`
`In addition, in the examiner’s view, a nonwoven structure comprising the first wires
`
`'20f in random arrangements would not prevent an electric current from flowing in the first wire
`
`‘20f.’
`
`29.
`
`The examiner also notes Kunisada teachesthat, in an embodiment, the cloth materialis
`
`used as a skin material (for example, 4S, 6S, 8S) of various configurations of the vehicle seat,
`
`and, moreover, the cloth material can be used as a constituent memberof the skin material of
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 9
`
`various seats such as a home seat ([0054]). Kunisada teachesthat the skin material may be
`
`any non-wovenfabric produced by any web bonding technique (a random arrangementlike
`
`cotton as claimed) ([0012)).
`
`30.
`
`In alternative, in the event that Kunisada is found notto explicitly disclose wherein the
`
`fiber product comprises multiple instances of the metalfiber thread in a random arrangement
`
`like cotton, Akaike is relied upon in a new ground(s) of rejection as applied above.
`
`31.
`
`Contention (2): Applicant contends that that Watanabefails to disclose or suggest
`
`wherein the tungsten wire comprises pure tungsten, and rather, Watanabe at mostdiscloses a
`
`fabric having a tungsten alloy in which the tungsten content is close to 100 weight%, as
`
`evidenced by the working examples of Watanabe whichonly discloses a tungsten alloy to which
`
`metal such as kalium is added.
`
`32.
`
`Regarding this contention, the examiner notes that Watanabeis notlimited to alloys or to
`
`the materials in the Examples.
`
`In this regard, Watanabe teachesa radiation protective fabric
`
`characterized by comprising metalfibers having a tungsten or molybdenum contentthat is 95
`
`wt% or greater and teachesthat the upperlimit of a tungsten content or a molyodenum content
`
`is not specifically limited ([001 1]).
`
`33.
`
`Contention (3): Applicant contends that Watanabefails to appreciate the advantages
`
`associated with the claimed tungsten wire having a diameterless than or equal to 22 um, and
`
`that Watanabe only generally describes a broad diameter range of 5 um to 100 um.
`
`34.
`
`Regarding this contention, Watanabe teachesthat the lowerlimit of the diameter of the
`
`metal fiber per fiber is 5 um, and the preferable upper limit is 100 um, wherein a particularly
`
`preferable upperlimit is 40 um ([0023]). The examiner notes that applicant has not presented
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 10
`
`any specific evidence that demonstrates that diameters within the claimed range would
`
`unexpectedly lead to superior properties compared to those outside of the claimed range.
`
`Conclusion
`
`35.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to Kevin Worrell whose telephone numberis (571)270-7728. The examiner
`
`can normally be reached on Monday-Friday.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing
`
`using a USPTO supplied web-basedcollaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO AutomatedInterview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Marla McConnell can be reached on 571-270-7692. The fax phone numberfor the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on accessto the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you
`
`would like assistance from a USPTO CustomerService Representative or access to the
`
`automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 11
`
`/Kevin Worrell/
`Examiner, Art Unit 1789
`
`/MARLA D MCCONNELL/
`Supervisory Patent Examiner, Art Unit 1789
`
`