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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
`
`10/04/2021
`
`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 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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 26is/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 20210924
`
`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 9/17/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`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.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AIA.
`
`Disposition of Claims
`
`2.
`
`Claims 1-4, 9, 11-16, 20-23 and 26 are pending in the application. Claims 5-8, 10, 17-19
`
`and 24-25 have been cancelled.
`
`3.
`
`Amendments to claims 1, 13 and 20, filed on 9/17/2021, have been entered in the
`
`above-identified application.
`
`Claim Rejections - 35 USC § 102/103
`
`4.
`
`The text of those sections of Title 35, U.S. Code not included in this action can
`
`be found in a prior Office action.
`
`5.
`
`Claims 1-4, 9, 11-16, 20-23 and 26 are rejected under 35 U.S.C. 102(a)(1) and
`
`102(a)(2) as anticipated byor, in the alternative, under 35 U.S.C. 103 as obvious over
`
`Kunisada (JP2012/158848A, see the machine translation attached on 9/4/2020).
`
`6.
`
`Regarding claims 1-4, 9, 11-16, 21-22 and 26, Kunisada teaches a cloth material ‘10’ (a
`
`fiber product as claimed) that is a member madeof a cloth, such as a woven fabric, knitted
`
`fabric, nonwoven fabric (a random arrangementlike cotton as claimed), or a composite thereof
`
`([0013]).
`
`In the alternative, Kunisada teaches that, in an embodiment, the cloth material is used
`
`as a skin material (for example, 4S, 6S, 8S) (alternatively a fiber product as claimed) of various
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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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`configurations of the vehicle seat, and Kunisada teaches that the surface material (skin material
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`body) of the skin material may be any non-woven fabric produced by any web bonding
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`technique (a random arrangementlike cotton as claimed) ([0012] and [0054]).
`
`7.
`
`Kunisada teachesthat the cloth material ‘10’ has a plurality of constituent yarns such as
`
`first wire ‘20f (a metal fiber thread as claimed) and second wire ‘20s’ ([0013] and claim 1).
`
`Kunisada teachesthat the first wire material “20f comprises a bundle of a plurality of
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`electroconductive yarns ‘24,’ a fusible yarn ‘26’ with a fusion property and a winding yarn ‘28’
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`made of different synthetic fiber from the fusible yarn or naturalfiber (Abstract). Kunisada
`
`teaches that a core yarn ‘22’ is obtained by arranging the fusible yarn ‘26’ along the axial core
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`direction of the electroconductive yarns ’24,’ and the winding yarn ‘28’is spirally provided
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`around the core yarn ‘22’ (Abstract). Kunisada teaches that examples of such conductive yarns
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`‘24include carbonfiberfilaments, metal wires, and plated wires, wherein examples of the metal
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`wires include wires made of gold, silver, copper, brass, platinum, iron, steel, zinc, tin, nickel,
`
`stainless steel, aluminum, tungsten, and the like ([0016]-[0017]). Kunisada teachesthat,
`
`although the wire diameter of a metal wire is not specifically limited, it is preferable thatit is 10-
`
`150 micrometers, especially 20-60 micrometers ([0018]). Kunisada teaches that the numberof
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`twists of the winding yarn ‘28’ with respect to the core yarn ‘22’ is appropriately set by, for
`
`example, setting the twist number of the winding yarn ‘28’ to 20 to 2000 T/m ([0028)).
`
`8.
`
`9.
`
`Thus, Kunisada teachesa fiber product as claimed.
`
`In the alternative, in the event that Kunisada is found notto explicitly disclose wherein
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`the wound yarn (winding yarn ‘28’) is false-twisted in a metal fiber core embodiment as applied
`
`above, Kunisada teaches an example in which a 330 false-twisted filament PET false twisted
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`yarn is spirally wound around a bundle of conductive fibers made of carbon fibers at a covering
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`twist numberof 1500 T/m ([0024]).
`
`10.
`
`It would have been obvious to one having ordinary skill in the art prior to the effective
`
`filing date of the invention to have similarly used a false twisted yarn as a winding yarn around
`
`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 4
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`conductive fibers made of metalfibers in order to provide the yarns with properties such as
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`excellent covering property and durability, as suggested by Kunisada ([0024], [0028] and
`
`Example 1).
`
`11.
`
`Regarding claims 20 and 23, Kunisada remains similarly as applied above to claim 1,
`
`teaching a cloth material ‘10° (a fiber product as claimed) that is a member madeofa cloth,
`
`such as a woven fabric, knitted fabric, nonwoven fabric, or a skin material (alternatively a fiber
`
`product as claimed) that may be any non-wovenfabric produced by any web bonding technique
`
`([0012]-[0013] and [0054)).
`
`Claim Rejections - 35 USC § 103
`
`12.
`
`Claims 1-4, 9, 11-16, 20-23 and 26 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Kunisada (JP2012/158848A, see the machine translation attached on
`
`9/4/2020), as applied aboveto claims 1-4, 9, 11-16 and 20 above, in view of Akaike et al. (US
`
`PGPUB 2010/0258334).
`
`13.
`
`Regarding claims 1-4, 9, 11-16, 20-23 and 26, Kunisada remains as applied above.
`
`14.
`
`In the event that Kunisadais found not to explicitly disclose wherein the fiber product
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`comprises multiple instances of the metalfiber thread in a random arrangementlike cotton,
`
`Akaikeis relied upon as applied below.
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`15.
`
`Akaike teaches a skin material of vehicle interior equipment, which includesa first fabric
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`material that is formed ofa first conductive wire material and a main fiber material (see Abstract,
`
`[0068] and [0150]). Akaike teaches that when a nonwoven fabric is madeasthe fabric 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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`for example, a webis formed by blending the conductive wire material and the main fiber
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`material, and then the webis interlaced to form a nonwoven fabric ([0068]; also [0062)).
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`16.
`
`It would have been obvious to one having ordinary skill in the art prior to the effective
`
`filing date of the invention to have modified the fabric material of the skin material of Kunisada
`
`with a nonwoven webformed by blending and interlacing a conductive wire material with a main
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`fiber material in order to obtain a skin material that can be electrically connected to a conductive
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`memberfor use in vehicle interior equipment, and in order to vary the appearance and/or the
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`electrical properties of the skin material (Akaike: see Abstract, [0062] and [0068)]).
`
`Response to Arguments
`
`17.
`
`Applicant's argumentsfiled 9/17/2021 have beenfully considered but they are not
`
`persuasive.
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`18.
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`Contention (1): Applicant contends that while Kunisada generally discloses that
`
`electroconductive yarns 24 can be carbon fiberfilament, metal wire (gold, silver, copper, brass,
`
`platinum, iron, steel, zinc, tin, nickel, stainless steel, aluminum and wires made of tungsten or
`
`the like) and plated wire material, Kunisadafails to disclose the material with sufficient
`
`specificity to constitute an anticipation of the claimed non-alloyed pure tungsten.
`
`19.
`
`Regarding this contention, in the examiner's view, Kunisada discloses tungsten with
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`sufficient specificity to constitute an anticipation of the claimed non-alloyed pure tungsten.
`
`In
`
`this regard, the examiner notes that Kunisada teaches a few types of metal from which the
`
`metal wire can be made, and Kunisada doesnot teach or require combining the metals.
`
`In the
`
`event that Kunisadais found not to anticipate non-alloyed pure tungsten as claimed, the
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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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`examiner notes that applicant has not presented any objective evidence demonstrating why
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`tungsten would be unobvious over the prior art.
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`20.
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`Contention (2): Applicant contends that while Kunisada generally discloses that the
`
`diameter of a metal wire is preferably 10-150 micrometers, Kunisadafails to disclose the wire
`
`diameter with sufficient specificity to constitute an anticipation of the claimed range. (MPEP
`
`2131.03(11). Applicant also contends that Kunisadafails to disclose or suggest the
`
`advantageous effects associated with a tungsten wire having a diameter less than or equal to
`
`22 um wherein the tungsten wire is non-alloyed pure tungsten, as evidenced by the
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`experimentation carried out by the inventors of the present application. (Applicant cites page 9,
`
`line 18- page 10, line 21 of the present application).
`
`21.
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`Regarding this contention, the examiner notes that Kunisada teaches wherein the wire
`
`diameter is preferably 10-150 micrometers, especially 20-60 micrometers ([0018]). Thus, in the
`
`examiner's view, Kunisada anticipates the claimed range of less than or equal to 22 um.
`
`However, In the event that Kunisada is found notto anticipate the claimed range, the examiner
`
`notes that applicant has not presented any specific data that demonstrates that diameters within
`
`the claimed range would unexpectedly lead to superior properties compared to those outside of
`
`the claimed range. For instance, it is unclear from applicant’s disclosureif there is a significant
`
`shift (e.g. a change in trend) in properties that occurs below 22 um comparedto the properties
`
`of tungsten wires with diameters above 22 um (or above 25 um). Thus, it is unclear from the
`
`written description why it would be unobvious for a tungsten wire having a diameterless than or
`
`equal to 22 um to be moreflexible and/or lighter than an identical tungsten wire having a
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`diameter greater than 25 um. Similarly, although applicant disclosesthatit is possible to make
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`a surface area of a metal portion of the tungsten wire having a single line diameter less than or
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`equal to 22 um larger than a surface area of a metal portion of a tungsten wire having a
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`

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`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 7
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`diameter greater than 25 um, it is unclear from the description if this requires additional steps or
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`structure (e.g. steps and/or structure that are not identical or are not claimed).
`
`22.
`
`The examiner notes that a similar analysis would also apply to the obviousnessrejection
`
`over Kunisada in view of Akaike. Akaike teaches a similar metal wire diameter range as
`
`Kunisada (i.e. 10 to 150 um), and Akaike further teaches an example wherein a metal wire (a
`
`core yarn of stainless steel fibers) comprises filaments having a diameter of 12 um ([0156] and
`
`[0201]).
`
`In the examiner's view, Akaikeis interpreted as teaching that the disclosed range of 10
`
`to 150 um is significant for a combination of strength andflexibility ([(0156]), similarly to
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`Kunisada’s disclosure ([0018)).
`
`Conclusion
`
`23.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to Kevin Worrell whose telephone numberis (571)270-7728. The examiner
`
`can normally be reached on Monday-Friday.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing
`
`using a USPTO supplied web-basedcollaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request(AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Marla McConnell can be reached on 571-270-7692. The fax phone numberfor the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`

`

`Application/Control Number: 15/609,431
`Art Unit: 1789
`
`Page 8
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on accessto the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you
`
`would like assistance from a USPTO CustomerService Representative or access to the
`
`automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Kevin Worrell/
`Examiner, Art Unit 1789
`
`/ELIZABETH C IMANI/
`Primary Examiner, Art Unit 1789
`
`