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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`03/06/2020
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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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`017/09 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 2/4/2020.
`CI 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)
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`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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s)
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`1—7,9,11—18 and 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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`
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`[:1 Claim(ss)
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`is/are allowed.
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`8)
`Claim(s 1 —7, 9, 11— 18 and 20 is/are rejected.
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`D Claim(ss_) is/are objected to.
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`) ) ) )
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`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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
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`10)|:l The specification is objected to by the Examiner.
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`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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
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`12)D 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)I:l All
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`b)|:] Some**
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`c)l:i None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3B 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) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) E] 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 20200224
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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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`Continued Examination Under 37 CFR 1. 1 14
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`2.
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`A request for continued examination under 37 CFR 1.114, including the fee set forth in
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`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible
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`for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has
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`been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37
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`CFR 1.114. Applicant's submission filed on 2/4/2020 has been entered.
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`Disposition of Claims
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`3.
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`Claims 1-7, 9, 11-18 and 20 are pending in the application. Claims 8, 10 and 19 have
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`been cancelled.
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`4.
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`Amendments to claims 1, 9, 12-13 and 20, filed on 2/4/2020, 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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`5.
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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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`

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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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`Claims 14-18 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA),
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`second paragraph, as being indefinite for failing to particularly point out and distinctly claim the
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`subject matter which the inventor or ajoint inventor, or for pre-AIA the applicant regards as the
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`invention.
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`7.
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`Claims 14-18 and 20 recite the limitation "the metal fiber." There is insufficient
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`antecedent basis for this limitation in the claims.
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`Claim Rejections - 35 USC § 103
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`8.
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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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`9.
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`Claims 1-7, 9, 11-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable
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`over Watanabe et al. (WO 2013/039195 A1) in view of Baker Jr. (US PGPUB 2003/0205041).
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`10.
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`Regarding claims 1-7 and 11-18, Watanabe teaches a radiation protective fabric that is
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`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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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
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`Page 4
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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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`1 1.
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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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`12. Watanabe does not explicitly disclose wherein the metal fiber thread includes a false-
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`twisted yarn which is made of a chemical fiber wound around a length of the tungsten wire, or
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`wherein the fiber product comprises multiple instances of the metal fiber thread in a random
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`arrangement like cotton.
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`13.
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`However, Baker Jr. (“Baker”) teaches a composite matrix yarn that includes a cover yarn
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`formed of a plurality of twisted fibers, a core strand positioned within the cover yarn and around
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`which the fibers of the cover yarn are twisted, and an adhesive binder carried on the core strand
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`(Abstract). Baker teaches that the yarns can be made in right hand "Z" or left hand "S" twist
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`direction ([0042]). The examiner notes Baker also teaches use of spinning methods and
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`equipment that include false twisting processing of the fibers (see [0042] and [0038]-[0041]; also
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`[0011] and [0017]). Baker also teaches that typical applications for the matrix yarns include
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`nonwovens, needlepunch fabrics, woven, knitted, malimo, maliwat, malipole, triaxial woven,
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`braided, or spiraled fabric construction ([0075]-[0095]). Baker teaches that the staple cover may
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`be composed of vegetable, organic, regenerated, new or virgin, and/or synthetic material or any
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`combination thereof, and the binder may be thermoplastic or low melt fibers blended into the
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`staple cover or fed parallel in sliver form ([0097]-[0098]).
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`14.
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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 cover yarn
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`formed of a plurality of regenerated and/or synthetic false-twisted fibers, with a core strand
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`positioned within the cover yarn and around which the fibers of the cover yarn are twisted, and
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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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`with a nonwoven or needlepunch fabric structure (which includes random arrangements), in
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`order to obtain fabric products with enhanced cover factor, thickness, tear resistance, abrasion
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`resistance, tensile strength, burst strength, bending radius, flexibility and toughness, as taught
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`by Baker (see [0047]; also see [0038]-[0042], [0058] and [0075]-[0097] and [0099]).
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`15.
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`Regarding claim 9, Baker teaches that typical applications for the matrix yarns include
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`gloves ([0075]-[0095]).
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`16.
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`Regarding claim 20, Baker remains similarly as applied above to claim 1, teaching that
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`typical applications for the matrix yarns include nonwovens, needlepunch fabrics, woven,
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`knitted, malimo, maliwat, malipole, triaxial woven, braided, or spiraled fabric constructions
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`([0075]-[0095]). Baker also teaches that once braided, spiraled, woven, knitted, or othenNise
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`made into its end product, the matrix yarns enhance the properties and/or cost of these
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`products ([0047] and [0099]). Baker teaches that the matrix yarns may be used by themselves
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`as a single strand or they may be plied in multiple strands with a sufficient amount of ply twist to
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`maximize strength and complement the end use ([0058]).
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`Response to Arguments
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`17.
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`Applicant’s arguments with respect to claims 1-7, 9, 11-18 and 20 have been considered
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`but are moot because the arguments do not apply to any of the references being used in the
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`current rejection. The examiner notes that a new ground of rejection has been made over
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`Watanabe in view of Baker, as applied to all of the remaining claims, instead of Watanabe in
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`view of Tatsumi (and instead of a 103 rejection over Akaike).
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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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`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
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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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`would like assistance from a USPTO Customer Service Representative or access to the
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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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`

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