UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/609,431
`
`05/31/2017
`
`Kazushige SUGITA
`
`NIIPP0193US
`
`1038
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`WORRELL KEVIN
`
`ART UNIT
`1789
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/04/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
`
`Application No.
`15/609,431
`Examiner
`Kevin Worrell
`
`Applicant(s)
`SUGITA et al.
`Art Unit
`1789
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 6/24/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1—7 and 9—20 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1—7 and 9—20 is/are rejected.
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`[:1 Claim(s) _
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`is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] objected to by the Examiner.
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`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):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)D All
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`b)I:J Some**
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`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3.[:] 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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190917
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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA 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 under the
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`first inventor to file provisions of the AIA.
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`Disposition of Claims
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`2.
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`3.
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`Claims 1-7 and 9-20 are pending in the application. Claim 8 has been cancelled.
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`Amendments to claims 1, 12-13 and 20, filed on 6/24/2019, have been entered in the
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`above-identified application.
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`Claim Rejections - 35 USC § 1 12
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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-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.
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`5.
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`Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 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 pre-AIA the applicant regards as the
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`invention.
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`6.
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`Claim 19 recites the limitation "further comprising a false-twisted yarn made of a
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`chemical fiber wound around the tungsten wire.” However, independent claim 13 already
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`includes a limitation of “a false-twisted yarn which is made of a chemical fiber and is wound.”
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`Thus, it is unclear if the false-twisted yarn being claimed in claim 19 is the same or different
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`from that claimed in claim 13.
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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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`Claim Rejections - 35 USC § 102/103
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`7.
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`The text of those sections of Title 35, U.S. Code not included in this action can be found
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`in a prior Office action.
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`8.
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`Claims 1-7 and 10-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as
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`anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Akaike et al. (US
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`PGPUB 2010/0258334).
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`9.
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`Regarding claims 1-7, 11 and 13-19, Akaike teaches a skin material of vehicle interior
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`equipment, which includes a first fabric material that is formed of a first conductive wire material
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`and a main fiber material (see Abstract, [0068] and [0150]). Akaike teaches that the conductive
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`wire material may be made of any of a metal, an alloy and a carbon fiber, or may be a plated
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`wire material (see [0066] and [0154]). Akaike teaches that the material of the metal wire may
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`be, for example, gold, silver, copper, brass, platinum, iron, steel, zinc, tin, nickel, stainless steel,
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`aluminum or tungsten (see [0155]). Akaike teaches that a metal wire having a diameter of 10 to
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`150 pm is desirably used ([0156]).
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`10.
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`It is the position of the Office that the prior art discloses the claimed range with sufficient
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`specificity so as to constitute anticipation of the claimed range. See MPEP 2131.03.
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`Alternatively, it is the position of the Office that in the case where the claimed ranges "overlap or
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`lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re
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`Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
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`11.
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`With regard to the claimed limitation of wherein the metal fiber is a metal thread
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`including a false-twisted yarn which is made of a chemical fiber and is wound, Akaike teaches
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`that the material of the main fiber material may be, for example, a plant or animal natural fiber, a
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`chemical fiber made of thermoplastic resin or thermosetting resin, or a blended fiber of them
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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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`([0152]). Akaike teaches that the main fiber material is a wire member made of the above
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`material, and the main fiber material may be, for example, spun yarn, a filament, drawn yarn or
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`elastic yarn (false twisted yarn or buckle yarn) (see [0152]; also [0093]). Akaike further teaches
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`that the main fiber material may be twisted onto (cover) the conductive wire material ([0154]).
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`12.
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`Regarding claims 10, 12 and 20, Akaike remains as applied above to claim 1, further
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`teaching that part of the fabric material is formed of the conductive wire materials, and the other
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`part of the fabric material is formed of the main fiber materials, and that the fabric material may
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`be any one of a woven fabric, a knit fabric, a nonwoven fabric and a braided rope (braid) (see
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`[0062], [0150], [0161], [0180]). The examiner notes that when the main fiber material is twisted
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`onto (cover) the conductive wire material, Akaike’s woven, knit and nonwoven fabrics would
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`comprise metal fibers that are metal threads as claimed (e.g., see [0161], [0179]-[0180] and
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`[0201]-[0202]; also see [0093], [0152] and [0155]).
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`13.
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`In the alternative, the examiner notes that Akaike also teaches an example wherein warp
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`yarns (of a woven fabric) comprise a core yarn of metal (stainless steel) and a sheath yarn of
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`PET false twisted yarn ([0201]-[0202]). This example differs from the claimed embodiment in
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`that the claimed metal is tungsten, and the claimed configurations include metal fibers not only
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`in woven fabrics, but also in random arrangements and in knitted fabrics. However, as noted
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`above, Akaike teaches that the material of the metal wire may be, for example, gold, silver,
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`copper, brass, platinum, iron, steel, zinc, tin, nickel, stainless steel, aluminum or tungsten, and
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`the fabric material may be any one of a woven fabric, a knit fabric, a nonwoven fabric. Thus, it
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`would have been obvious to one having ordinary skill in the art prior to the effective filing date of
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`the invention to have utilized tungsten in a metal core of the covered (core-sheath) yarns, not
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`only in woven fabrics, but also in knit and nonwoven fabrics, in order to vary the appearance
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`and/or the electrical properties of skin material for use in vehicle interior equipment (see [0201]-
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`[0202]; also Abstract, [0060]-[0062], [0150], [01541-[0155], [0161] and [01791-[01 80]).
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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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`Claim Rejections - 35 USC § 103
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`14.
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`Claims 1-7, 9 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Watanabe et al. (WO 2013/039195 A1) in view of Tatsumi et al. (US PG PUB 2013/0319055).
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`15.
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`Regarding claims 1-7, 9 and 11-19, Watanabe teaches a radiation protective fabric that
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`is ideal for use in radiation protective clothing, the radiation protective fabric comprising metal
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`fibers having a tungsten or molybdenum content that is 95 wt% or greater (Abstract, [0011] and
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`[0035]). Watanabe teaches that the lower limit of the diameter of the metal fiber per fiber is 5
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`pm, and the preferable upper limit is 100 pm ([0023]). Watanabe also teaches that the metal
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`fiber may be a single yarn or a composite yarn, wherein the form of the composite yarn includes
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`multifilament yarns, monofilament yarns, staple fibers, covered yarns (for example, SCY or
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`DCY), twisted yarns, knitting, and blade yarns (braid) ([0025]). Watanabe also teaches that the
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`radiation protective cloth of the present invention may be composed of only the above-
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`mentioned metal fibers, but, in order to further improve the requirement of flexibility, etc., other
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`fibers may be mixed, examples thereof including polyurethane fibers, nylon 6, nylon 12,
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`polyester, cotton, rayon and the like ([0033]). Watanabe teaches that the fabric for radiation
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`protection includes a knitted fabric, a woven fabric, a braid, and the like ([0030]).
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`16.
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`The examiner notes that SCY and DCY ([0025]) are abbreviations for ‘single covered
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`yarns’ and ‘double covered yarns,’ which would comprise either one or two yarns wrapped
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`around a core yarn.
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`17. Watanabe does not explicitly disclose wherein the metal fiber is a metal thread including
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`a false-twisted yarn which is made of a chemical fiber wound around the tungsten wire (claims
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`1, 13 and 19).
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`18.
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`However, Tatsumi teaches a glove which has good adhesiveness to a rubber or resin
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`coating material and has excellent durability, wherein the glove is knitted from a covered yarn
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`obtained by winding a sheath yarn around a core yarn, wherein the sheath yarn is made of a
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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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`crimped yarn (Abstract). Tatsumi teaches that examples of the core yarn include metal fibers
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`and examples of the sheath yarn include para-aramid fibers, wholly aromatic polyester fibers,
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`polyester fibers and nylon fibers ([0046], [0050] and [0074]-[0077]). Tatsumi also teaches that
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`the crimped sheath yarn may be produced by a false twisting method ([0059]).
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`19.
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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 modified the covered yarns of Watanabe with a false-twisted
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`sheath yarn wound around the metal core yarn, wherein the sheath yarn is made of materials
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`such as para-aramid fibers, wholly aromatic polyester fibers, polyester fibers and/or nylon fibers,
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`in order to obtain a glove which has good adhesiveness to a rubber or resin coating material
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`and excellent durability and further fits a hand well enabling good work efficiency, as taught by
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`Tatsumi (see Abstract, [0050], [0057]-[0059] and [0074]-[0077]).
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`20.
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`Regarding claim 20, Watanabe teaches a method of knitting or weaving the metal fiber
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`([0034]). Tatsumi teaches gloves that are knitted from the covered yarn (Abstract).
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`Response to Arguments
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`21.
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`Applicant's arguments filed 6/24/2019 have been fully considered but they are not
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`persuasive.
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`22.
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`Applicant contends that there is no teaching or suggestion in Akaike that the fiber itself
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`that is wound around the wire material is a false-twisted yarn. Applicant also contends that,
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`according to Akaike, the conductive wire material ‘20’ is attached to the fabric material 10, but is
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`not itself a thread including chemical fiber.
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`23.
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`Regarding these contentions: In the examiner’s view, although Akaike’s teaches that the
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`conductive wire material ‘20’ may be attached to the fabric material ’10,’ this does not limit
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`Akaike’s teaching that the main fiber material may be twisted onto (cover) the conductive wire
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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
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`Page 7
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`material ([0154]). More broadly, Akaike teaches that the conductive wire materials ‘20’ (e.g.,
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`metal wires of stainless steel or tungsten) and the main fiber materials (e.g., false twisted yarn
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`of insulating fibers/chemical fibers) are used to create the fabric material ‘10’ (see [0150], [0152]
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`and [0154]-[0155]). Whether Akaike’s teaching of the main fiber material being twisted onto
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`(cover) the conductive wire material is interpreted as corresponding to an alternate method of
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`attaching the conductive fiber material or is interpreted as being an additional method, the
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`examiner notes that the disclosed configuration still meets the claimed limitation of a metal
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`thread including a false-twisted yarn which is made of a chemical fiber wound around a tungsten
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`wire (claims 1, 13, 19 and 20). This interpretation is supported by at least one example of
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`Akaike, wherein a core yarn of stainless fibers and sheath yarn of colored (ivory) PET false
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`twisted yarn were used as a conductive wire material ([0201]-[0202]).
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`In this regard, the
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`examiner notes Akaike generally teaches tungsten as being an alternative to stainless steel for
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`the material of Akaike’s metal wire ([0155]).
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`24.
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`In addition, with regard to attaching the conductive wire material ‘20’ to the fabric
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`material ‘10,’ Akaike teaches, for example, that the conductive wire materials may be battened
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`as part of weft yarn of a woven fabric or may be bonded and attached to the back surface of the
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`fabric material, but Akaike is not limited to these methods (see [0095]-[0100]).
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`Conclusion
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`25.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant
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`is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within TWO
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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 8
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action.
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`In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`26.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Kevin Worrell whose telephone number is (571)270-7728. The examiner
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`can normally be reached on Monday-Friday.
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`Examiner interviews are available via telephone, in-person, and video conferencing
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`using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Marla McConnell can be reached on 571-270-7692. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
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`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
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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 9
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`/Kevin Worrell/
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`Examiner, Art Unit 1789
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`/EL|ZABETH C IMANI/
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`Primary Examiner, Art Unit 1789
`
`