UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`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
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`15/609,431
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`05/31/2017
`
`Kazushige SUGITA
`
`NIIPP0193US
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`1038
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`WORRELL KEVIN
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`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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`04/19/2019
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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
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`Application No.
`15/609,431
`Examiner
`Kevin Worrell
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`Applicant(s)
`SUGITA et al.
`Art Unit
`1789
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`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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).
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`Status
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`1)[:] Responsive to communication(s) filed on
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)C] 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—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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`[:1 Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[j Claim(s) _ 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
`C] 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.jjgptggQV/patents/init_events/pph/index.'sp or send an inquiry to PPeredhack@g§ptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 5/31/2017 is/are: a). accepted or b)D 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).
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`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). 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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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mai| Date 5/31/2017, 11/30/2017, 1/23/2018_
`U.S. Patent and Trademark Office
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`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 20190406
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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 CORRESPONDENCE
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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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`Claim Rejections - 35 USC § 1 12
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`2.
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`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.
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`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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`3.
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`Claim 12 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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`4.
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`Claim 12 recites the limitation "the fiber fabric" in line 2. There is insufficient antecedent
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`basis for this limitation in the claim. Claim 12 is also indefinite because it depends on claim 9
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`which claims a fiber product that is knitted, whereas claim 12 claims a fiber fabric that is either
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`one of a woven fabric and a knitted fabric.
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`Claim Rejections - 35 USC § 102/103
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`5.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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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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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
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`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, names another inventor and was effectively filed
`before the effective filing date of the claimed invention.
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`7.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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.
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`8.
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`Claims 1-8, 10-11 and 13-20 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 13-18, 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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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
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`Page 4
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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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`Regarding claims 8 and 19, Akaike teaches that the material of the main fiber material
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`may be, for example, a plant or animal natural fiber, a chemical fiber made of thermoplastic
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`resin or thermosetting resin, or a blended fiber of them ([0152]). Akaike teaches that the main
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`fiber material is a wire member made of the above material, and the main fiber material may be,
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`for example, spun yarn, a filament, drawn yarn or elastic yarn (false twisted yarn or buckle yarn)
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`(see [0152]; also [0093]). 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.
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`Regarding claims 10 and 20, Akaike remains as applied above to claim 1, further
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`teaching that the fabric material may be any one of a woven fabric, a knit fabric, a nonwoven
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`fabric and a braided rope (braid) (see [0068], [0095] and [0150]). Akaike teaches that, for
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`example, the conductive wire material is used for part of weft yarn and warp yarn (woven fabric),
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`part of yarn in a wale direction or yarn in a course direction (knit fabric), or a web is formed by
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`blending the conductive wire material and the main fiber material (nonwoven fabric) (see
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`[0068D.
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`13.
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`Claims 1, 4-7, 9-13, 16-18 and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2)
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`as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious Rodrigues et al. (WO
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`2015/019141A1).
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`14.
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`Regarding claims 1, 4-7, 13 and 16-18, Rodrigues teaches a radio opaque fiber,
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`filament, and yarn comprising a matrix (102) comprising a plurality of radio opaque material
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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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`(104) and a first polymer (106), and further comprising a carrier polymer (108) which binds the
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`plurality of the matrix (102) and imparts spinnability to form the fiber, filament, and yarn (see
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`Abstract, [0027] and Figs. 1-2). Rodrigues teaches that in one implementation, the radio
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`opaque element used in the radio opaque material (104) is at least one of actinium, antimony,
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`barium, bismuth, bromine, cadmium, cerium, cesium, gold, iodine, indium, iridium, lanthanum,
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`mercury, molybdenum, osmium, platinum, polonium, rhenium, rhodium, silver, strontium,
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`tantalum, tellurium, thallium, thorium, tin, tungsten, uranium, zirconium, and elements of
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`lanthanide series except promethium (see [0028] and claim 4). Rodrigues teaches that the
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`radio opaque materials (104) is one of a radio opaque element, an alloy, a compound or a
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`combination thereof ([0027]). Rodrigues teaches that, in one example, the ratio of the radio
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`opaque material (104) by weight in the matrix (102) is in the range of 30 to 80% by weight (see
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`[0032). Rodrigues teaches that the preferable fineness of the fiber or filament is 20-40 microns,
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`wherein textiles made out of the finer fibers and filament are rendered softer, more flexible and
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`drapable (see [0031]). Rodrigues also teaches that the filament (100) may be subject to post
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`treatment to dissolve the carrier polymer (108) (see [0034]).
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`15.
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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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`16.
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`Regarding claims 9-12 and 20, Rodrigues remains as applied above to claim 1, further
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`teaching that a plurality of the filaments (100) are made into radio opaque fabric by knitting,
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`weaving and/or non-woven fabric manufacturing techniques, and the radio opaque fabric thus
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`obtained may be subjected to post treatment to dissolve the carrier polymer (108) without
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`affecting the radio opaque textile (see [0035]). Rodrigues teaches that the post treated radio
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`opaque fabric may be used to make protective gloves (see [0035]).
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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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`17.
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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
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`for the 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
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`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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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private
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`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you
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`would like assistance from a USPTO Customer Service Representative or access to the
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`automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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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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`/Kevin Worrell/
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`Examiner, Art Unit 1789
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`/EL|ZABETH M COLE/
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`Primary Examiner, Art Unit 1789
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`