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`Request for Continued Examination
`(RC E]
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`142113
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`firnirl
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`
`Information:
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`Extension of‘l"Ime
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`4:3|edn*J'i2IJhedSed2aI1|beh-(S-fld|S:0ria-1'3 -
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`
`Multipart Description,-'PDF files in .zip description
`
`Amendment Submitted,'Entared with Filing of CPAJRCE
`
`Claims
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`ApplicantArguments/RemarksMadein an Amendment
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`Fee Worksheet {SE06}
`
`fee—inFo.pdf
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`000101
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`BEDGEAR 1007 (part 2)
`IPR of U.S. Pat. No. 8,402,580
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`

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`
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
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`
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`Substmfle for Form p1'Q.3}I'5
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`I 33271 384
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`I:'“”9 Date
`1 DrI12II201 I
`
`I] TO be Mailed
`
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`OTHEFI THAN
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`{Columh 1)
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`{Column 2}
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`SMALL ENTITV |:|
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`‘
`If the difference in column 1
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`APPLICATION AS AMENDED — PART II
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`SMALL ENTITY
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`ADDITIONAL
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`PREVIOUSLY
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`l:l FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM I37 CFR I.16I_III
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`AMENDMENT
`
`in column 3.
`is less than [he entry in Column 2. write ‘CI’
`‘ If [he enlry in column 1
`" if the "Highest Number Previously Paid For’ IN THIS SPACE is less [hen 20, enler ‘Z0’.
`°“"' If [he ‘Highesl Number Previously Paid For“ IN THIS SPACE is less [ham 3, enler '3".
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`This Collection of information is required by 3? CFFI 1.16. The information is required 10 obtain or reiain a benelil by the public which is to file (and by the USPTO to
`process] an applicefion Con|iden1iaJ I11; Is governed by 35 U S.C. 122 and 3? CFR 1.14. This oolleofion is esfimaned to fake 12 minutes To complete. rncluding gathering.
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`Legal lnstrument Examiner.
`{RENEE COLUNS!
`'
`
`000103
`
`

`
`3673
`
`Sheet
`
`1 Oil
`
`Application No.
`
`131327 1 5884
`
`Group An Unit
`
`Substitute Form PTO-1449
`
`U_S_ Department 01 Commerce Attorney Docket No.
`
`(Modified)
`
`Patent and Trademark Crffice
`
`29'i,'12_0..[].02002
`
`Information Disclosure Statement
`by Applicant
`(Use several sheets If necessary)
`
`37 CPR 1_93 [3
`
`APP“°9“‘
`Susan Walvius et al.
`Filing Date
`October 12., 201]
`
`
`
`Initial
`
`ID
`
`Number
`
`Date
`
`Patentee
`
`Subclass
`
`If A roriale
`
`1
`
`EOUSEOI 32?54
`
`06-2005
`
`Tanigu-chi ct al.
`
`U.S. Patent Documents
`
`Patent Office
`
`Exam iner
`I n itial
`
`Foreign Patent Documents or Published Foreign Patent A_pp|ications
`Pu blication
`Country or
`Date
`
`Translation
`
`Examiner
`Initial
`
`Other Documents include Author, Title, Date, and Place of Publication
`Desig.
`ID
`
`l3f2?l,88r=i- as ofMay 31, 2012. Trattsacliott history from PAIR 0l'U,S, applicaliu-11 no. l3r'2T2.977 as oi‘May 31, 2012.
`
`Transaction history from PAIR ofU_S. application no.
`
`Examiner Signature
`
`Date Considered
`
`Initials citation considered. Draw line through citation if not in conformance and not considered. Include oopy of this form with
`EXAMINER:
`next communication to applicant.
`
`Substitute Disclosure FIT.‘.1I‘I'rt (F"TO—14-49)
`
`000104
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`13271884
`
`12-Oct-2011
`
`Title of Invention:
`
`Fabric System
`
`First Named Inventor,-"Applicant Name:
`
`Susan Walvius
`
`Attorney Docket Number:
`
`29712-0-002002
`
`Filed as Large Entity
`
`Utility under 35 USC 1 1 1 (a) Filing Fees
`
`Description
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Patent-Appea Is-and-Interference:
`
`Post-AIlowance-and-Post-lssuance:
`
`Extension-of-Time:
`
`000105
`
`Sub-Total in
`Usnm
`
`

`
`180
`
`If
`
`Total in USD (5)
`
`000106
`
`

`
`Electronic Acknowledgement Receipt
`
`Title of Invention:
`
`Fabric System
`
`First Named Inventor.-‘Applicant Name:
`
`Susan Walvius
`
`Customer Number:
`
`ix.‘2 01
`
`Fra nl-< L. Gerrata na/Jennifer Franco
`
`Filer Authorized By:
`
`Fra n k L. Gerrata na
`
`Attorney Docket Number:
`
`29712-0002002
`
`Receipt Date:
`
`D1—JUN—20-1 2
`
`Filing Date:
`
`‘I2-OCT-20‘! 1
`
`Time Stamp:
`
`09:25:52
`
`Application Type:
`
`Utility under 35 USC11‘|(a}
`
`Payment information:
`
`Deposit Account
`051050
`AU*h°"ZedU5er
`
`oo<f1br“=
`
`Document
`
`.
`
`.
`
`.
`
`FiIeSize{Bytes).-'
`
`Multi
`
`Pages
`
`

`
`2oo2_IDs.pdf
`
`5E|].1tloeli.1EIllI5oeEi: J'.'1'| DWI in.-I ‘itfl ‘inetltl
`
`123539
`
`Multipart Description.~'PDF files in .zip description
`
`Document Description
`
`Transmittal Letter
`
`Information Disclosure Statement (IDS) Form {SE08}
`
`3
`
`N-on Patent Literature
`
`2001_TH_5_31_12.pdf
`
`bf I 52.15 I-1 seer: 1 scale 332:1-clJb‘:‘.€bBIocr'_‘v
`6| 38
`
`Non Patent Literature
`
`2003_TH_5_31_12.pdf
`
`|'9-.'lF|4:*I:42tla|1|9Ol‘.I24:73'd Ila-'ll:l34b'$‘l BI: I O2
`bslc
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`Fee Worksheet {S306}
`
`fee—info.pdf
`
`Il9t'.l.‘.\<.»etllb|I59<l|]J'|a|t‘u-I Alflaleih-«(Jill
`[Ilflq
`
`Information:
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`Warnings:
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`Information:
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`Information:
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`Total Files Size (in bytes)
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`317174
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 1 1 1
`lfa new application is being filed and the application includes the necessary components for a filing date [see 37 CFR
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`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage ofan international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT.-‘DO;'EO!9'O3 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`Ifa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 1 1 and MPEP 1 810]. a Notification of the International Application Number
`and of the International Filing Date (Form PCTr'ROi'105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
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`
`000108
`
`

`
`Attorney Docket No.: 29712-()[l(l2[l(l2
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Art Unit
`Examiner
`
`: 3673
`: Nicholas F. Polito
`
`ConF.No.
`
`: 4645
`
`Applicant
`ScrialNo.
`
`1 Susan Walvius etal.
`:
`l3t’27l_,884
`
`Filed
`Title
`
`: October-12, 2011
`: FABRIC SYSTEM
`
`MAIL STOP AMENDMENT
`
`Commissioner for Patents
`PD. Box 1450
`
`Alexandria, VA 22313-1450
`
`INFORMATION DISCLOSURE STATEMENT
`
`Please consider the reference listed on the attached PTO-I449 Form.
`
`Copies of United States patent documents will be provided upon request. Copies of all
`
`non-U.S. patent documents and other documents are enclosed.
`
`The United States patent applications andtor patents listed below contain material related
`
`to material in this application. Copies of the applications andfor patents, their current claims (in
`
`the case of patents), and their transaction histories from the patent office public PAIR website are
`
`enclosed (or were provided previously with information disclosure statements identified in the
`
`table).
`
`The applicant invites the examiner to consider the claims and claim amendments of these
`
`other applications andfor patents, and the positions ofthe examiners and the applicant that appear
`
`in their prosecution histories. The applicant understands that the examiner has direct access to
`
`these papers at the patent office, but will be happy to provide copies to the examiner upon
`
`request.
`
`000109
`
`

`
`Applicant
`Serial No.
`Filed
`Page
`
`: Susan Walvills et al.
`:
`l3!'37l.884
`: October 12, 201 1
`; 2 of2
`
`Altornt-:y’s Docket No.: 29712--[)[]I(]2ll[J2
`
`US serial
`
`Examiner and
`
`111 the case of an
`
`Is current PAIR
`
`Is patent or application
`attached and lislcd on Form
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`STEHUS
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`group art unit
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`6] r"l(}] ,()49
`O9t’29.r'200 8
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`Expired
`l2;"5E,9,659
`09a’29.+"2009
`pending
`
`Nichol-.15 F.
`Pflllfl
`CJAU 3673
`
`date of a prior information
`disclosure statement with
`which it was submitted
`
`date of a prior
`in Ihniiatioii disclosure
`statement with which
`
`No
`
`they were submitted
`No
`
`No - publication
`201 170000020 submitted
`
`No — submitted 4711712
`
`2.’ 16¢’ 12
`
`l37272,977
`W I 372111]
`Pending
`
`Nicholas F.
`P_oli1o
`MU 3673
`
`No - publication
`2o12s'oo3os74 submitted
`2716.-'12
`
`No
`
`submitted 4f'l IEIE
`
`Yes
`
`This statement is being filed after a first Office action on the merits, but before receipt of
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`Date: June 1, 2012
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`Customer Number 2616]
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`Facsimile:
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`22RS4274_doe
`
`Respectfully submitted,
`
`:’Frank L. Gerratanaf
`
`Frank L. Gerratana
`
`Reg. No. 62,653
`
`000110
`
`

`
`Substitute Form PTO-1449
`
`U_S_ Department 01 Commerce Attorney Docket No.
`
`(Modified)
`
`Patent and Trademark Crffice
`
`29'i,'12_0.002002
`
`Information Disclosure Statement
`by Applicant
`(Use several sheets If necessary}
`
`37 CPR 1_93 [3
`
`APP“°9”‘
`Susan Walvius et al.
`Filing Date
`October 12., 201]
`
`3673
`
`Sheet
`
`1 of;
`
`Application No.
`
`131327 1 5834
`
`Group Art Unit
`
`U.S. Patent Documents
`
`
`
`Forei n Patent Documents or Published Forei n Patent
`
`Iications
`
`Examiner
`Initial
`
`ID
`
`Number
`
`Publication
`Date
`
`Country or
`Patent Office
`
`Class
`
`Subclass
`
`Translation
`Yes
`No
`
`Initial
`
`ID
`
`Number
`
`Date
`
`Patentee
`
`Class
`
`Subclass
`
`|fAroriate
`
`Examiner
`
`Other Documents (include Author, Title, Date, and Place of Publication)
`
`Initial
`
`Response to l:'11rc-pcanCornn1t1nic£ttion tnailcd March 12, 2012 froin Etlropcan application no.
`U981?024.4. tiled April 25, 2012 (12 pages).
`
`Examiner Signature
`
`Date Considered
`
`Initials citation considered. Draw line through citation if not in conformance and not considered. Include oopy of this form with
`EXAMINER:
`next communication to applicant.
`
`Substitute Disclosure Fonn {F‘TO—14-49}
`
`000111
`
`

`
`Electronic Acknowledgement Receipt
`
`T—
`
`Title of Invention:
`
`Fabric System
`
`I
`
`Payment information:
`
`File Listing:
`
`Document
`Number
`
`Document Descfi flan
`P
`
`File 5ize{Bytes),-‘
`Message Digest
`
`Part f.zip {if appl.)
`
`
`
`Information Disclosure Statement [IDS]
`Form {SE08}
`
`2002_1449.pdf
`
`lT3d(a5l:i4 Tellbe-1d4 |b|>4 le-1I]d82 tl2ae9J‘-1
`bfledmfi
`
`Warnings:
`
`Information:
`
`(109112
`
`

`
`This is not an USPTO supplied IDS fillable form
`
`
`
`Non Patent Literature
`
`2EP1_RCO-Mlv'l_4_25_l 2.pdf
`
`235?}'5
`
`Warnings:
`
`
`
`
`
`301512
`Total Files Size (in bytes)
`
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`
`
`New International Application Filed with the USPTO as a Receiving Office
`Ifa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP1310}. a Notification of the International Application Number
`and of the International Filing Date {Form PCTr'ROl'105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`New Applications Under 35 U.S.C. 1 1 1
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`1 .53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54} will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`Ifa timely submission to enter the national stage ofan international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT.-'D0;'E0l'903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`000113
`
`

`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`LT,‘-|I'l‘J$l) S'TA'l‘l.-S l)EPAR'l‘I\-1EIV'l‘ or com :vusiu:i«:
`Lfniln-.d Slate.-5 l-’al:-.nl. and T[‘A'l(IElI'IHl'|i Ollice
`fltlclil-:55: commnssioncn roe PATENTS
`PI). Hm: I450
`r\|c.~:and:ria. \.-'iI'g'Lni.1 2131.1-14.54!
`i\'i\'i\'.'l'lE]'!l|.TI.gU\.'
`
`APPLICATION NO.
`
`F|IL|l'*-"G DATE
`
`FIRST .\'AI\-IED I_\lV'E.NTOR
`
`ATl'ORl\'E‘n’ DOCKET NO.
`
`CONFDZMATION N0.
`
`I313? I__884
`
`lml 2120-I1
`
`Susan WA]-.riu.<:
`
`EOTI 3-00-ozooz
`
`4645
`
`FISH & RICHARDSON P.C. (B-OI
`P_0_ BOX ](]22
`MINNEAPOLIS, MN 55441} 1022
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`I-’()I.]'J'{)= N[t.‘no1.As I-'
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`3073
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`0533052012
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`ELECTRONIC
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`Please find below andfor 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
`following e—mail address(es):
`l-’A'l'DUC ' I ‘C @ f]'.(}()]I]
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`P'lUL-90A (Rev. U4.u'fl7"J
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`

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`Application No.
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`Applicanllsj
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`Office Action Summary
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`‘l3r'2?1.83£I-
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`Examine,
`
`Nicholas Polito
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`
`
`WALVIUS ET AL.
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`A“ Unit
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`3673
`
`-- The MAILING DATE of this communication appears on the cover sheet’ with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE § Iv1ONTH(S) OR THIRTY (30) DAYS.
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions oi time may be available under the provisions cl 3? CFFI ‘l_136[a).
`In no event. however. may a reply be timely Iiled
`after SIX [6] MONTHS from the mailing date of this communication.
`ll NO period for reply is specitied above, the maximum statutory period will apply and will expire SIX {6} MONTHS from the mailing date ol this communication.
`-
`— Failure to reply within the set or extended period for reply will. by statute. cause the application to become ABANDONED (35 0.50. § 133].
`Any reply received by the Oflice later than three months after the mailing date of this communication. even it timely tiled. may reduce any
`earned patent term adjustment. See 3? GFFt1.?[J=t{b].
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`Status
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`1)E| Responsive to communicatiorrisj filed on 06 April 2012.
`2a)E This action is FINAL.
`2b)|:I This action is non-final.
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`Bil] An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`_; the restriction requirement and election have been incorporated into this action.
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`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Ouayie, 1935 C.D. 11, 453 O.G. 213.
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`Disposition 01 Claims
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`5)E Claimisl M isiare pending in the application.
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`5a) Of the above claim(s} 14-24 isiare withdrawn from consideration.
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`6 Ci Claim s)
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`isiare allowed.
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`Application Papers
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`1U)|:l The specification is objected to by the Examiner.
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`11)|:| The drawing(s) filed on j isiare: a)I:I accepted or b)I:I objected to by the Examiner.
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`Applicant may not request that any objection to the drawingisj be held in abeyance. See 37 CFR t.85{a}.
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`Replacement drawing sheetisj including the correction is required if the drawingisj is objected to. See 3? CFR 1.121-[dj.
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`12)I:l The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)l:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a}~(d) or (f).
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`all] All
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`bjI:] Some * o)I:I None of:
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`1.|:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No. _.
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`3.I:] Copies oi the certilied copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 1?.2(a}).
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`* See the attached detailed Office action for a list of the certitied copies not received.
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`Attachment(s)
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`1} E Notice of References Cited [PTO-B92)
`2} El Notice of Draflsperson's Patent Drawing Review (PTO-943}
`3} E Infonnation Disclosure Statementisj (PTO.-’SBr'08j
`Paper No(s}rr‘Mai| Date
`_
`US. Patent and Trademark Office
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`4) D Interview Summary (PTO-413}
`P399’ N°l5i-Mail Data j -
`5} D M0399 0‘ '07‘-'-'“'T|3J P3137“ AF3P“'3aTl°|"
`at El Other:
`.
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`PTOL-326 (Rev. 03-11]:
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`Ottioe Action Summary
`000115
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`Part of Paper Nojlulail Date 20120521
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`

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`Applicationfcontrol Number: 13/271,884
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`Page 2
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`Art Unit: 36?3
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`DETAILED ACTION
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`Double Parenting
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`1.
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`The nonstatutory double patenting rejection is based on a judicially created
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`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
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`unjustified or improper timewise extension of the “right to exclude" granted by a patent
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`and to prevent possible harassment by multiple assignees. A nonstatutory
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`obviousness-type double patenting rejection is appropriate where the conflicting claims
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`are not identical, but at least one examined application claim is not patentably distinct
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`from the reference olaim(s) because the examined application claim is either anticipated
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`by, or would have been obvious over, the reference claimjsj. See, e.g.,
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`in re Berg, 140
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`F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); in re Goodman, 11 F.3d 1046, 29
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`USPQ2d 2010 (Fed. Cir. 1993); in re Longi, 759 F.2d 88?, 225 USPQ 845 (Fed. Cir.
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`1985); in re i/an Ornum, 686 F.2d 93?, 214 USPQ 761 (CCPA 1982); in re l/ogef, 422
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`F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorfngrton, 418 F.2d 528, 163
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`USPQ 644 (CCPA 1969).
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`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321(d)
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`may be used to overcome an actual or provisional rejection based on a nonstatutory
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`double patenting ground provided the conflicting application or patent either is shown to
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`be commonly owned with this application, or claims an invention made as a result of
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`activities undertaken within the scope of a joint research agreement.
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`000116
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`

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`Applicationfcontrol Number: 13/271,884
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`Page 3
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`Art Unit: 36?3
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`Effective January 1, 1994, a registered attorney or agent of record may sign a
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`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
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`3? CFFl 3.?'3(b).
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`2.
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`Claims 25-43 are provisionally rejected on the ground of nonstatutory
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`obviousness-type double patenting as being unpatentable over claims 1-4 and 28 of
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`copending Application No. 121569359 and claims 15-25, 28-37 and 41. Although the
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`conflicting claims are not identical, they are not patentably distinct from each other
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`because they are drawn to the same subject matter but written separately as method
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`and apparatus claims.
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`This is a provisional obviousness-type double patenting rejection because the
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`conflicting claims have not in fact been patented.
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`Claim Rejections - 35 USC § 1'03
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`3.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
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`4.
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`Claims 25-29 and 31-41 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Murphy et al. (U.S. Patent No. 6,823,548) in view of Taniguchi et al.
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`(us. Pub. No. 200510132754).
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`5.
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`Regarding claim 25, Murphy et al. teach in Figures 1-3 a finished fabric
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`comprising: a first circular knitted fabric portion (22); and a second circular knitted fabric
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`portion (24), at least one of the circular knitted fabric portions comprising a circular
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`000117
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`

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`Applicationfcontrol Number: 13/271,884
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`Page 4
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`Art Unit: 36?3
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`knitted performance fabric portion (Table 1, Ex. No. 1.3); wherein the first and second
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`fabric portions are discrete; and wherein the first and second fabric portions are joined
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`(col. 6, lines 41-48) to form the finished fabric.
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`Murphy et al. do not teach wherein the finished fabric is at least 90 inches wide.
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`Murphy et al. teach column 3, lines 42 to 45 wherein the finished fabric is for a mattress.
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`The examiner takes official notice that it is commonly known in the art for a standard
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`size mattress cover to be at least 90 inches wide. Therefore, it would have been
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`obvious to a person having ordinary skill in the art at the time the invention was made to
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`make the finished fabric of Murphy et al. at least 90 inches wide to cover a standard
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`mattress.
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`Murphy et al. do not teach wherein the circular knitted performance fabric portion
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`is knitted at a high gauge. Taniguchi et al. teach in paragraphs 21, 22 and 35 a circular
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`knitted performance fabric portion knitted at a high gauge. In view of Taniguchi et al., it
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`would have been obvious to a person having ordinary skill in the art at the time the
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`invention was made to knit the fabric of Murphy et al. at a high gauge as in Taniguchi et
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`al. to increase softness, elasticity and flexibility.
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`6.
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`Regarding claim 26, Murphy et al. teach the finished fabric of claim 25. Murphy et
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`al. do not teach piping. The examiner takes official notice that it is commonly known in
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`the art to provide piping to a fabric. Therefore, it would have been obvious to a person
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`having ordinary skill in the art at the time the invention was made to provide piping to
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`the bed fabric of Murphy et al. to provide a finished edge.
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`000118
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`

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`Applicationfcontrol Number: 13/271,884
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`Page 5
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`Art Unit: 36?3
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`7.
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`Regarding claim 27, Murphy et al. teach in column 5, lines 20 to 29 the finished
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`fabric of claim 25, wherein the first and second fabrics have different fabric
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`characteristics.
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`8.
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`Regarding claim 28, Murphy et al. teach in column 5, lines 46 to 67 the finished
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`fabric of claim 27, wherein at least one of the fabric characteristics comprises moisture
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`management.
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`9.
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`Regarding claim 29, Murphy et al. teach in column 5, lines 46 to 67 the finished
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`fabric of claim 2?, wherein at least one of the fabric characteristics comprises UV
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`protection.
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`10.
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`Regarding claim 31, Murphy et al. teach in column 5, lines 46 to 67 the finished
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`fabric of claim 27, wherein at least one of the fabric characteristics comprises thermo-
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`regulation.
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`11.
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`Regarding claim 32, Murphy et al. teach in column 5, lines 46 to 67 the finished
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`fabric of claim 27, wherein at least one of the fabric characteristics comprises wind
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`resistance.
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`12.
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`Regarding claim 33, Murphy et al. teach in column 5, lines 46 to 67 the finished
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`fabric of claim 27, wherein at least one of the fabric characteristics comprises water
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`resistance.
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`13.
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`Regarding claim 34, Murphy et al. teach in column 5, lines 46 to 6? the finished
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`fabric of claim 25, wherein the performance fabric portion comprises a man-made fiber
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`that has higher breathability than a cotton fabric.
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`000119
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`

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`Applicationfcontrol Number: 13/271,864
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`Page 6
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`Art Unit: 36?3
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`14.
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`Regarding claim 35, Murphy et al. teach in column 5, lines 46 to 67 the finished
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`fabric of claim 25, wherein the performance fabric portion comprises a man-made fiber
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`that has higher heat transfer than a cotton fabric.
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`15.
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`Regarding claim 36, Murphy et al. teach in column 5, lines 46 to 67 the finished
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`fabric of claim 25, wherein the performance fabric portion comprises a man-made fiber
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`that has higher moisture wicking characteristics than a cotton fabric.
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`16.
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`Regarding claim 37, Taniguchi et al. teach in paragraph 21 the finished fabric of
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`claim 25, having a gauge of at least 1? gauges.
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`1?.
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`Regarding claim 38, Murphy et al. teach in column 3, lines 43 to 61 the finished
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`fabric of claim 25, comprising a bed sheet.
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`18.
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`Regarding claim 39, Murphy et al. teach in column 3, lines 43 to 61 the finished
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`fabric of claim 25, comprising a bed covered by the bed sheet.
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`19.
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`Regarding claim 40, Murphy et al. teach in column 3, lines 43 to 61, column 5,
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`lines 46 to 64 and Table 1, Ex. No. 1.3 the finished fabric of claim 25, wherein the bed
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`sheet is sufficiently stretchable to fit a standard rectangular bed and a smaller, non-
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`rectangular marine bed.
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`20.
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`Regarding claim 41, Murphy et al. teach in column 3, lines 43 to 61, column 5,
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`lines 46 to 64 and Table 1, Ex. No. 1.3 the finished fabric of claim 25, wherein the bed
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`sheet is sufficiently stretchable to fit either a crib or a standard adult bed.
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`21.
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`Claim 30 is rejected under 35 U.S.C. 103(a) as being unpatentable over Murphy
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`et al. in view of Porter et al. (U.S. Patent No. 4,690,859).
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`000120
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`

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`Applicationlcontrol Number: 13/271,884
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`Page 7
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`Art Unit: 36?3
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`22.
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`Regarding claim 30, Murphy et al. teach the finished fabric of claim 2?‘. Murphy et
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`al. do not teach wherein at least one of the fabric characteristics comprises anti-
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`microbial properties. Porter et al. teach in column 4, lines 4 to 14 a finished fabric
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`comprising anti—microbia| properties. In view of Porter et al., it would have been obvious
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`to a person having ordinary skill in the art at the time the invention was made to
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`combine the anti-microbial properties of Porter et al. with the finished fabric of Murphy et
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`al. to prevent the growth of microorganisms.
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`23.
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`Claim 42 is rejected under 35 U.S.C. 103(a) as being unpatentable over Murphy
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`et al. in view of Link et al. (U.S. Pub. No. 200770283493).
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`24.
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`Regarding claim 42, Murphy et al. teach the finished fabric of claim 25. Murphy et
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`al. do not teach a knit fabric that includes polyurethanepolyurea copolymer fiber. Link et
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`al. teach in paragraph 28 a knit fabric that includes polyurethanepolyurea copolymer
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`fiber. It would have been obvious to one having ordinary skill in the art at the time the
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`invention was made to use polyurethanepolyurea copolymer fiber, since it has been
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`held to be within the general skill of a worker in the art to select a known material on the
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`basis of its suitability for the intended use as a matter of obvious design choice.
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`ln re
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`Leshln, ‘I25 USPQ 416. See also Elallas Llquldatlng Co. v. Allied Industries olKansas,
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`lnc. (DC Kans) 205 USPQ 331.
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`Allowable Subject Matter
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`25.
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`Claim 43 is objected to as being dependent upon a rejected base claim, but
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`would be allowable if rewritten in independent form including all of the limitations of the
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`base claim and any intervening claims.
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`000121
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`

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`Applicationfcontrol Number: 13/271,884
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`Page 8
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`Art Unit: 36?3
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`26.
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`The following is a statement of reasons for the indication of allowable subject
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`matter: Murphy et al. and Link et al., taken either alone or in combination, do not teach
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`"po|yurethanepo|yurea copolymer fiber is included in the knit fabric in a proportion that,
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`if circularly knit at a high gauge, the knit fabric could be knit at no more than a 72.5 inch
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`circumference without losing integrity of the polyurethanepolyurea copolymer fiber."
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`Response to Arguments
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`27.
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`Applicant's arguments filed 4l‘6/201 2 have been fully considered but they are not
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`persuasive.
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`28.
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`In response to applicant's arguments that Murphy et al. do not teach a fabric
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`being knit at a high gauge, the combination of Murphy et al. in View of Taniguchi et al.
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`teach a fabric being knit at a high gauge.
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`Conclusion
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`29.
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`Applicants amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`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
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the TH FiEE-MONTH shortened statutory period, then the
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`shortened statutory pe