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`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
`
`12/24/2021
`
`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*
`1-4,9,11-16,20-23 and 26-29 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-4,9,11-16,20-23 and 26-29 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) 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)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 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 receivedin 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 20211218
`
`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 12/7/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 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\0) 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
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined underthe
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`first inventor to file provisions of the AIA.
`
`Disposition of Claims
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`2.
`
`Claims 1-4, 9, 11-16, 20-23 and 26-29 are pending in the application. Claims 5-8, 10,
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`17-19 and 24-25 have been cancelled.
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`3.
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`Amendments to claims 1, 13 and 20, and new claims 27-29, filed on 12/7/2021, have
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`been entered in the above-identified application.
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`Claim Rejections - 35 USC § 112
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`4.
`
`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-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`5.
`
`Claims 26-29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
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`matter which the inventor or a joint inventor (or for applications subject to pre-AlA 35 U.S.C.
`
`112, the applicant), regards as the invention.
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`6.
`
`Claim 26 recites the limitation “wherein the core line of the metalfiber thread consists of
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`the tungsten wire as a monofilament.” However, independent claims 1, 13 and 20 already recite
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`the limitations “a metal fiber thread including only one tungsten wire,” and “wherein the tungsten
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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
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`Page 3
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`wire is non-alloyed pure tungsten, the tungsten wire being a single wire core line of the metal
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`fiber thread.” Thus, it is unclear how claim 26 furtherlimit claims 1, 13 and 20. Specifically, it is
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`unclearif the “the core line” in claim 26 refers to the single wire coreline recited in claims 1, 13
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`and 20, andit is unclearif or how the single wire core line can comprise anything other than
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`tungsten and be anything other than a monofilament.
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`7.
`
`Claims 27-29 recite the limitation “wherein the core line has a diameter less than or
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`equal to 22 um.” However, independent claims 1, 13 and 20 alreadyrecite the limitations “the
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`tungsten wire having a diameter less than or equal to 22 um,” and “the tungsten wire being a
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`single wire core line of the metal fiber thread.” Thus, it unclear how claims 27-29 furtherlimit
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`claims 1, 13 and 20. Specifically, it is unclearif the “the core line” in claims 27-29 refers to the
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`single wire coreline recited in claims 1, 13 and 20, and it is unclearif or how the single wire
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`core line can have a diametergreater than 22 yum.
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`Claim Rejections - 35 USC § 102/103
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`8.
`
`The text of those sections of Title 35, U.S. Code not included in this action can
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`be found in a prior Office action.
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`9.
`
`Claims 1-4, 9, 11-16, 20-23 and 26-29 are rejected under 35 U.S.C. 102(a)(1) and
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`102(a)(2) as anticipated byor, in the alternative, under 35 U.S.C. 103 as obvious over Akaike
`
`et al. (US PGPUB 2010/0258334).
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`10.
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`Regarding claims 1-4, 9, 11-16 and 26-29, Akaike teaches wherein conductive wire
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`materials and main fiber materials are used to create a fabric material 10, wherein the fabric
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`material 10 may be any one of a woven fabric, a knit fabric, a nonwoven fabric and a braided
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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
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`Page 4
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`rope (braid) ([0150]). Akaike teaches that the conductive wire 20 maybe, for example, a metal
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`wire (conductive thread, such as metal and alloy), a filament of a carbon fiber or a plated wire
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`material, and that the main fiber material may be twisted onto (cover) the conductive wire
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`material 20 ([0154]). Akaike teaches that the material of the metal wire may be, for example,
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`gold, silver, copper, brass, platinum, iron, steel, zinc, tin, nickel, stainless steel, aluminum or
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`tungsten (see [0155]). Akaike also teaches that a metal wire having a diameter of 10 to 150 um
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`is desirably used ([0156)).
`
`11.
`
`With regard to the claimed limitation “a false-twisted yarn which is made of a chemical
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`fiber and is wound aroundthe tungsten wire along a length of the tungsten wire,” Akaike
`
`teaches that the material of the main fiber material may be, for example, a plant or animal
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`natural fiber, a chemical fiber made of thermoplastic resin or thermosetting resin, or a blended
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`fiber of them ([0152]). Akaike teachesthat thesefibers are insulating fibers, and that then, a
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`wire material (wire material, such as spun yarn, filament, drawn yarn and elastic yarn (false
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`twisted yarn or buckle yarn) madeof insulating fibers may be used as the component of the
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`fabric material 10 ([0152]). Akaike further teaches that the main fiber material may be twisted
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`onto (cover) the conductive wire material ([0154)).
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`12.
`
`Regarding claim 20, Akaike teaches that the conductive wire materials and main fiber
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`materials are used to create a fabric material 10, wherein the fabric material 10 may be any one
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`of a woven fabric, a knit fabric, a nonwoven fabric and a braided rope (braid) ([0150)).
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`13.
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`Regarding claims 21-23, as noted above, Akaike teachesthat the conductive wire
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`materials and main fiber materials are used to create a fabric material 10, wherein the fabric
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`material 10 may be any one of a woven fabric, a knit fabric, a nonwoven fabric and a braided
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`rope (braid) ([0150]). Thus, Akaike teaches a nonwoven fabric, but may not explicitly disclose a
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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
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`Page 5
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`nonwovenfabric comprising a random arrangement(in the embodimentin which the main fiber
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`material is twisted onto (cover) the conductive wire material).
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`14.
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`However, in an embodiment, Akaike teaches that when a nonwovenfabric is made as
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`the fabric material 10, for example, a web is formed by blending the conductive wire material 20
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`and the main fiber material (typically, both are shortfibers), and then the webis interlaced to
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`form a nonwovenfabric ([0068)).
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`15.
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`It would have been obvious to one having ordinary skill in the art prior to the effective
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`filing date of the invention to have used a process of blending conductive wire fiber material and
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`main fiber material for the formation of nonwovens in the various embodiments of Akaike in
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`orderto adjust the spacing between adjacent conductive wire materials within a range of 5 mm
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`to 50 mm, and to thereby obtain a good balance with regard to cost and sensor or heater
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`function, as suggested by Akaike (see [0067]-[0068)).
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`Response to Arguments
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`16.
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`Applicant's arguments with respect to claim(s) 1-4, 9, 11-16, 20-23 and 26-29 have been
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`considered but are moot because the new ground of rejection doesnotrely on any reference
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`applied in the prior rejection of record for any teaching or matter specifically challenged in the
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`argument.
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`17.
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`The examinernotes that a new ground(s) of rejection is made in view of Akaikeetal.
`
`(US PGPUB 2010/0258334). Akaike was previously applied under 35 U.S.C. 103 in
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`combination with Kunisada, but upon further consideration, is now applied alone under 35
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`U.S.C. 102(a)(1) and 102(a)(2) or, in the alternative, under 35 U.S.C. 103.
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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
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`Page 6
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`Conclusion
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`18.
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to Kevin Worrell whose telephone numberis (571)270-7728. The examiner
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`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
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`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
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
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`would like assistance from a USPTO CustomerService Representative or access to the
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`automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Kevin Worrell/
`Examiner, Art Unit 1789
`
`/JENNIFER A BOYD/
`Supervisory Patent Examiner, Art Unit 1786
`
`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
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`Page 7
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