Doc Code:TRACK1.GRANT
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`Decision Granting Request for
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`'Prion'tr'zeo' Examination (Track I)
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`_
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`Apphcatmn No"
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`my 1 0 In“
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`4/15/Z7/S y
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`1. THE REQUEST FILED /0g£g//
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`is GRANTED.
`
`The abode-identified application has met the requirements for prioritized examination (Track I).
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`'
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`2. The above-identified application will undergo prioritized examination. The application will be
`. accorded special status throughout its entire course of prosecution until one of the following occurs:
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`filing a petition for extension of time to extend the time period for filing a reply;
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`filing an amendment to amend the a lication to contain more than four inde endent
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`claims, more than thigtg total claims, or a multiple dependent claim;
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`filing a reguest for continued examination;
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`filing a notice of appeal;
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`'
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`filing a request for suspension of action:
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`mailing of a notice of allowance;
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`mailing of a final Dffice action;
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`completion of examination as defined in 37 CFR 41.102; or
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`abandonment of the application.
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`A.
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`8.
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`C D E F
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`X 0
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`[Signature]
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`7? Mb” 0
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`5533.
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`0
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`(Title)
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`/gz‘/J].
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`‘be directed to%37’fl£_./‘aétwE7")-373 .‘
`I Telephone inquiries with regard to this decision should
`In hisfher absence, callsrnay be directed to ifi$£7'67.flJ?.2 -
`55//
`.
`
`US. Patent and Trademark Clifioe
`PTO-2293 (Rev. D9-2011)
`
`000401
`
`BEDGEAR 1007 (part 5)
`IPR of u.s. Pat. No. 3,402,530
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`

`
`
`
`UNITED STATES RATENT AND TRADEMARK OFFICE
`
`Uh" I'I‘|‘Il) Ei'|‘.-\'|'l'}5 IJFI’.-1 H'l"l1l'2\l'I‘ [IF (f[]\r'II\"| Itlfli ‘-If
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`H83
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`
`29? 12-0002002
`
`4
`'30
`CONFIRMATION NO. 4645
`FILING RECEIPT
`
`
`
`
`
`uu
`
`
`
`APPLICATION
`NIIMHER
`
`l3i'2'i I .884
`
`25151
`
`FISH & RICHARDSON P.C. (BO)
`
`;.g.NaE3>$§_ MN 55mm
`
`millIIllillllllglllllllgllltlltlllglltglllllillliillllu
`
`Date Mailed: 10i28f2011
`
`Receipt is acknowledged oi this non-provisional patent application. The application will be taken up for examination
`in due course. Applicant will be notiiied as to the results of the examination. Any correspondence ooncerning the
`application must include the iollowing identification iniormaticn: the US. APPLICATION NUMBER, FILING DATE,
`NAME OF APPLICANT, and TITLE OF INVENTION. Fees transmitted by check or draft are subject to collection.
`Please verity the accuracy of the data presented on this receipt. If an error is noted on this Filing Fleceipt, please
`submit a written request for a Filing Receipt Correction. Please provide a copy of this Filing Receipt with the
`changes noted thereon. If you received a "Notice to File Missing Parts" for this application, please submit
`any corrections to this Filing Fieceipt with your reply to the Notice. When the USPTO processes the reply
`to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections
`
`Applicantis)
`
`Susan Walvius, Chapin, SC;
`Michelle Marciniak, lrmo, SC;
`
`Assignment For Published Patent Application
`SHEEX, INC.
`Power of Attorney: The patent practitioners associated with Customer Number 25151
`
`Domestic Priority data as claimed by applicant
`This application is a CON oi 12i56Q,659 09I29I2D09
`which claims benefit of 61i101,049 09i29f20D8
`
`Foreign Applications (You may be eligible to benefit irom the Patent Prosecution Highway program at the
`USPTO. Please see http;ifwww.uspto.gov for more information.)
`
`If Fiequired, Foreign Filing License Granted: 10i25i2011
`
`The country code and number of your priority application. to be used for filing abroad under the Paris Convention,
`is US 13I271,834
`
`Projected Publication Date: 02I02i2012
`
`Non-Publication Flequest: No
`
`Early Publication Fiequest: No
`
`pagei oi3
`
`000402
`
`

`
`Title
`
`Fabric System
`
`Preliminary Class
`
`428
`
`PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
`
`Since the rights granted by a U3. patent extend only throughout the territory of the United States and have no
`effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent
`in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international
`application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same
`effect as a regular national patent application in each PCT—member country. The PCT process simplifies the filing
`of patent applications on the same invention in member countries, but does not result in a grant of "an international
`patent" and does not eliminate the need of applicants to file additional documents and fees in countries where patent
`protection is desired.
`
`Almost every country has its own patent law, and a person desiring a patent in a particular country must make an
`application for patent in that country in accordance with its particular laws. Since the laws of many countries differ
`in various respects from the patent law of the United States, applicants are advised to seek guidance from specific
`foreign countries to ensure that patent rights are not lost prematurely.
`
`Applicants also are advised that in the case of inventions made in the United States, the Directorof the USPTO must
`issue a license before applicants can apply for a patent in a foreign country. The filing of a U.S. patent application
`serves as a request for a foreign filing license. The application's filing receipt contains further information and
`guidance as to the status of applicant's license for foreign filing.
`
`Applicants may wish to consult the USPTO booklet, "General information Concerning Patents" (specifically, the
`section entitled "Treaties and Foreign Patents") for more information on timetrames and deadlines for filing foreign
`patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199. or it
`can be viewed on the USPTO website at http:rrwww.uspto.gov!webrofficesrpactdocrgenerairindex.html.
`
`For information on preventing theft of your intellectual property (patents, trademarks and copyrights}, you may wish
`to consult the U.S. Government website, http:ir‘www.stopfakes.gov. Part of a Department of Commerce initiative,
`this website includes self-help "toclkits" giving innovators guidance on how to protect intellectual property in specific
`countries such as China, Korea and Mexico. For questions regarding patent enforcement issues, applicants may
`call the US. Government hotiine at 1—866—999—HALT {1 -866-999-4158).
`
`LICENSE FOR FOREIGN FILING UNDER
`
`Title 35, United States Code, Section 184
`
`Title 37, Code of Federal Regulations, 5.11 84 5.15
`
`GRANTED
`
`The applicant has been granted a license under 35 U.S.C. 184, it the phrase "IF REQUIRED, FOREIGN FILING
`LICENSE GRANTED" followed by a date appears on this form. Such licenses are issued in all applications where
`the conditions for issuance of a license have been met, regardless of whether or not a license may be required as
`page2oI3
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`000403
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`

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`set forth in 37 CFR 5.15. The scope and limitations of this license are set forth in 37 CFR 5.15-{a} unless an earlier
`license has been issued under 37 CFR 5.15{b). The license is subject to revocation upon written notification. The
`date indicated is the effective date of the license, unless an earlier license of similar scope has been granted under
`37' CFR 5.13 or 5.14.
`
`This license is to be retained by the lice nsee and may be used at any time on or after the effective date thereof unless
`it is revoked. This license is automatically transferred to any related app|ications(s) filed under 37' CFR 1.53(d}. This
`license is not retroactive.
`
`The grant of a license does not in any way lessen the responsibility of a licensee for the security of the subject matter
`as imposed by any Government contract or the provisions of existing laws relating to espionage and the national
`security or the export of technical data. Licensees should apprise themselves of current regulations especially with
`respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of
`State [with respect to Arms, Munitions and Implements of War (22 CFR 121-128)): the Bureau of Industry and
`Security, Department of Commerce (15 CFR parts 730-774}; the Office of Foreign Assetscontrol, Department of
`Treasury (31 CFR Parts 500+) and the Department of Energy.
`
`NOT GRANTED
`
`No license under 35 U.S.C. 184 has been granted at this time, if the phrase "IF REQUIRED, FOREIGN FILING
`LICENSE GRANTED" DOES NOT appear on this form. Applicant may still petition for a license under 37 CFR 5.12,
`if a license is desired before the expiration of 6 months from the filing date of the application. If 6 months has lapsed
`from the filing date of this application and the licensee has not received any indication of a secrecy order under 35
`U.S.C. 181, the licensee may foreign file the application pursuant to 3? CFR 5.15(b).
`
`page3of3
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`000404
`
`

`
`PATENT APPLICATION FEE DETERMINATION RECORD
`Substitute for Form PTO-875
`
`*“‘PP'l“a“°" '3' D°°"9l Numb?’
`13»’271i884
`
`APPLICATION AS FILED - PART I
`ICOlI.irnn I]
`iciaiiirni-. 2;.
`NUMBER FILED
`NUMBER EXTRA
`
`FOR
`
`SMALL ENTITY
`RATE($J
`FEE-.‘$}
`
`OTHER THAN
`SMALL ENTITY
`RATE[$}
`FEE{$}
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`EXAMINATION FEE
`iar CFR1 I6|c-I. tpi. orlqll
`TOTAL CLAIMS
`mom I I|3Ii]j
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`in? CFF21.iaih;i3
`
`APPLICATION SIZE
`FEE
`(3? OFF: 1.163(5):
`
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`
`30
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`II the specification and drawings exceed 100
`sheets DI paper, the application size [.29 due is
`$310 ($155 for small entity] tor each additional
`50 sheets or traction thereof. See 35 U.S.G.
`41(a}{1J(G} and 3? CFR1.16(3}.
`
`MULTIPLE DEPENDENT CLAIM PRESENT I37 GFR ‘l.1ES[j‘i‘i
`
`‘
`
`It the difference in column 1
`
`is less than zero. enter "[3" in column 2.
`
`APPLICATION AS AMENDED - PART II
`
`380
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`
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`ADDITIONAL
`FEE [$1
`
`FIATE [$1
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`[Column 2]
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`(Column 33
`PRESENT
`EXTRA
`
`Total
`[3'i" CFR1.1fiifiI‘i
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`[37 CFR I
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`
`SMALL ENTITY
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`FE EI$_I
`
`RATEISI
`
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`
`1
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`AMENDMENTB
`
`TOTAL
`ADD'L FEE
`
`TOTAL
`ADD'L FEE
`
`CLAIMS
`REMAINING
`AF TEFI
`AMENDMENT
`
`[Column 3]
`
`[Column 2]
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`F‘”El5l
`
`ADDITIONAL
`FE E|I$]
`
`RATE [$}
`
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`
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`Independent
`r_:1rcFFIi.15(hIl
`Applicalion Size Fee (3? CFR ‘I.16i;sJJ
`
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM I3? CFR1 I6i:jII
`
`TOTAL
`AUD'L FEE
`' Ifthe entry in i:i:i|urnn1 is less than the entry in ODlUl'l'll'l 2. write "CI" in column 3.
`‘ lflhe "Highest Number Previously Paid For" IN THIS SPACE is less 1han20. enter "2[.'I"_
`’
`If the ‘Highest Number Previously Paid For" IN THIS SPACE is less than 3. enter
`The "Highest Number Previously Paid For‘ {Total oi lndeperclenli is the highest found in the appropriate box in column 1
`
`TOTAL
`ADD'L FEE
`
`000405
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`4‘:
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`
`

`
`FISH 3; RICHARDSON P.C.
`
`Frederick 1'’. Fish
`13554930
`
`W K. Richardson
`I359--I931
`
`October 12, 20]]
`
`Attorney Docket No; 29712-0002002
`
`Commissioner for Patents
`
`P.0. Box 1450
`
`Alexandria, VA 22313-1450
`
`fit
`!\'I'I.AN'I':\
`
`Presented for filing is a continuation patent application of:
`
`Applicant: SUSAN WALVIUS AND MICHELLE MARCINIAK
`
`Mm.“
`
`Title: FABRIC SYSTEM
`
`DAI.I.A.5
`
`Assigncc: s1-1EEx, INC.
`
`5 tree: Address
`One Marina Park Drive
`Boston, Massachusetts
`02110-1373
`
`Mail Address
`l’.(). Box 1012.
`MINNEAPOLIS, MINNESOTA
`$5.-140-1022
`
`Telephone
`61: 542-5070
`F
`_
`ll
`37:’?
`--7945
`
`WEB SITE
`\K-'\’L"W'.FR.UUM
`
`ummmuu
`'HOl'STO}\'
`
`MUNILI-I
`_
`NEW’ YORK
`
`S[I.ICON \"AI.I.I'-15"
`
`SOUTHERN CALIFCIRXI.-'\
`T\i€-‘IN’ crrins
`
`w.-xsaixeton. DC
`
`Prioritized Examination ofthis application is hereby requested.
`
`Enclosed are the Following papers, including those required to reeeive a filing date
`under 37 C.F.R. § l.53(b):
`
`Specification
`
`Abstrdct
`Declaration
`
`Drawing(s)
`
`2
`
`1
`2
`
`4
`
`Enclosures: Certification and Request For Prioritized Examination (Track I)
`Preliminary amendment, 7 pages.
`
`New disclosure information, including:
`Information disclosure statement, I page
`PTO—l4-49,
`l page
`References, 6 items submitted.
`
`This application is a continuation application of and claims priority to US. Serial No.
`12,569,659, filed on September 29, 2009, which claims benefit under 35 USC §
`1 l9(e) of U.S. Provisional Patent Application Serial No. 61i’l01,049 filed 29
`Se tember 2008.
`
`Fees Due
`Basie filin fee
`
`Large
`$380
`
`Small
`$190
`
`Total
`$380
`
`000406
`
`

`
`FISH as RICHARDSON P.C.
`
`Commissioner for Patents
`
`October 12,2011
`Page 2
`
`Search fee
`
`Examination fee
`
`Publication Fee
`
`Track 1 processing fee
`Track I
`rioritized examination fee
`
`Excess independent claim fee
`Excess claim fee
`Total Fees Paid
`
`$620
`
`$250
`
`$300
`
`$130
`$4800
`
`$250
`$60
`
`$310
`
`$125
`
`$300
`
`$130
`$2400
`
`$125
`$30
`
`$620
`
`$250
`
`$300
`
`$130
`$4800
`
`$250
`$600
`
`S 1330
`
`The filing fee is being paid concurrently herewith on the Electronic Filing System
`(EFS) by way of Deposit Account authorization. Please apply all charges or credits to
`Deposit Account No. 06-1050, referencing Attorney Docket No. 29712-0002002.
`
`If this application is found to be incomplete, or if a telephone conference would
`otherwise be helpful, please call the undersigned at (617) 542-5070.
`
`Please direct all correspondence to the following:
`
`2616]
`PTO Customer Number
`
`Respectfully submitted,
`
`;’Fran1c; L. Gerratanaf
`
`Frank L. Gerratana
`
`Reg. No. 62,653
`Enclosures
`
`FLGfiuf
`2271272 l.dc-c
`
`000407
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`Fabric System
`
`Attorney Docket Number:
`
`29712-0-002002
`
`Filed as Large Entity
`
`Track I Prioritized Examination - Nonprovisional Application under 35 USC 1 1 1 (a) Filing Fees
`
`Description
`
`Basic Filing:
`
`Sub-Total in
`
`USDl$l
`
`Utility application filing
`
`101 1
`
`1
`
`380
`
`380
`
`Utility Search Fee
`
`Utility Examination Fee
`
`Request For Prioritized Examination
`
`Claims in excess of20
`
`Independent claims in excess of3
`
`000408
`
`

`
`Miscellaneous-Filing:
`
`Publ. F-ee— early, voluntary, or normal
`
`Processing Fee. except for Provis. apps
`
`Patent-Appea Is-and-Interference:
`
`Post-Allowa nee-a nd-Post-Issua nce:
`
`Extension-of-Tirne:
`
`Miscellaneous:
`
`Total in USD ($)
`
`000409
`
`

`
`Electronic Acknowledgement Receipt
`
`Title of Invention:
`
`Fabric System
`
`First Named Inventor.-‘Applicant Name:
`
`Susan Walvius
`
`Customer Number:
`
`ix.‘2 O1
`
`Filer Authorized By:
`
`Frank L. Gerrata na/Stacey Hill
`
`Frank L. Gerrata na
`
`Attorney Docket Number:
`
`29712-0002002
`
`Receipt Date:
`
`12-0-CT—201 1
`
`Filing Date:
`
`Time Stamp:
`
`15:48:55
`
`Application Type:
`
`Utility under 35 USC11‘|(a}
`
`Payment information:
`
`Deposit Account
`051050
`AU*h°"ZedU5er
`
`oo<f4"r<:“=
`
`Document
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`.
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`.
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`.
`
`FiIeSize{Bytes).-'
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`Multi
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`Pages
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`

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`Trackone Request
`
`requestpdf
`
`Applicationpdf
`
`1150036
`
`W5 3 I Deeiflfleclkldafcifeiib I-I-2?5nL'IavIb3
`OH?
`
`Multipart Descrip-tiom'PDF files in .zip description
`
`Document Description
`
`Specification
`
`Claims
`
`Drawings-only black and white line
`drawings
`
`1022354
`
`Drawingspdf
`
`clledi I 3l1)I1tidEJ3riB!c5l1ae9cbcb1iTB93 Sdf
`Mt?
`
`Pre|iminary_Amendment.pdf
`
`II|I'f1e-fri?4l'I'l.l'17]‘||QDJ11I|[|I3:Ir|ne|h13r|d'l|I
`I'?ficI:
`
`Multipart Descriptiom'PDF files in .zip description
`
`Document Description
`
`Preliminary Amendment
`
`Specification
`
`Applicant Argumentsffiemarks Made in an Amendment
`
`Transmittal Letter
`
`2 .'-‘L11‘|Ld'0]‘8'-elJ?aa 54h ?31)€lDa31Ib3UOL'|cBad
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`I 102
`
`Warnings:
`
`Information:
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`Warnings:
`
`Information:
`
`Warnings:
`
`Information:
`
`Information:
`
`Warnings:
`
`Information:
`
`

`
`Information Disclosure Statement (IDS)
`Fonn[SB08)
`
`'449pdf
`
`fJ.I'1rbIif.¢41f41fHM|.fIJ1J'.|m’Jl4|4l|)‘41.Foe(f:rf1'
`Jfir
`
`Warnings:
`
`Information:
`
`This is not an USPTO supplied IDS fillable form
`
`Foreign Reference
`
`EP2344-691.pdf
`
`1693323
`
`I-IOI:.I:.BSI:rBi'a3Fe31rIrISI1-i8|.1e'I5-IedJ'5d0-1
`SIJ Id
`
`Warnings:
`
`Information:
`
`Information:
`
`Warnings:
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`Information:
`
`Information:
`
`Warnings:
`
`Information:
`
`Information:
`
`Information:
`
`Foreign Reference
`
`JP113091B3A.pdf
`
`adlzlffifeerqifi Iiffi Ia9J3?r FJffIf|57f7 16916 I
`an:
`
`Foreign Reference
`
`WO2010037DEI2.pdf
`
`1630495
`
`no-I-050Ga§IC02r.d<'paDd1:i‘ i‘r.dI2o|Jd5baae3:
`121511.}-
`
`205598
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`Non Patent Literature
`
`AU_‘Jo|untary_Amendrnent.pd
`
`H5331 Ica1c2$-Ibiol T-l1'b22cab€I‘)l?t:b21a1n
`
`Non Patent Literature
`
`243?59
`
`Uri-caJ'd9"IUJa'baE'I15ifK.c.H:.I1':"dtrI|E'Ir.de}'I5
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`
`Non Patent Literature
`
`c3Bc|)5??*}fcc92L10ac3a3:1119a<7622aarbI:
`BUN
`
`Oath or Declaration filed
`
`declarationpdf
`
`1'3’-I"-II?-dr1"2".'|:l'fi|3-r.9.1r:.r<lr-I?r|fk||.>It’.-?e1i'.1h-1111
`IIGIIJI
`
`Transmittal of New Application
`
`9Bd5ee I LE |3i'bf(|bI173dee-odi'eB94:e<i0 I -:2
`2L:5r5
`
`000412
`
`

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`Warnings:
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`Information:
`
`Information:
`
`fee—inFo.pdf
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`Fee Workshee1:I[SB06]
`
`el-'la3‘l<'J3e6cd(H3')l5r:Fl9-13a|)af‘rlabe]'IT-‘I3
`'Jubl.1
`
`Total Files Size (in bytes).
`
`6822924
`
`
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa 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 ofthe International Filing Date {Form PCTJROHOSI 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.111
`Ifa new application is being filed and the application includes the necessary components for a filing date [see 37 CFR
`1 .53(b)-Id) 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
`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.-'D0:'EO!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.
`
`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 NIPEP 503.
`
`000413
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`

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`Doc Code: TRACKLREQ
`Document Description: TrackOne Request
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`F'TOtSBi424[O9—1‘l}
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`CERTIFICATION AND REQUEST
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`FOR PRIORITIZED EXAMINATION (TRACK I} (Page 1 of 1)
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`First Named
`Inventor.
`Title of
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`Susan Walvius
`v
`Fabric System
`
`Nonprovisional Application
`Number if known .
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`APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTS PRIORITIZED EXAMINATION
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`(TRACK I) FOR THE ABOVE-IDENTIFIED APPLICATION.
`
`1.
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`(a) The application is an original nonprovisional utility application filed under 35 U.S.C. 111(a).
`This certification and request is being filed with the utility application via EFS-Web.
`
`OR
`
`lb) The application is an original nonprovisional plant application filed under 35 U.S.C. 111(a).
`This certification and request is being filed with the plant application in paper. (Note: Plant
`applications cannot be filed via EFS-Web.)
`
`Note: The following are excluded from the Track I program: design applications, provisional
`applications, national stage applications, PCT international applications, reissue applications, and
`reexamination proceedings.
`
`The following fees (in amounts consistent with the current fee schedule available at
`h tgztiwwwpsgto.gowabout:’officesic’iotfinanceitees.isQ) are filed with the application: (1) basic
`filing fee; (2) search fee; (3) examination fee; (4) any required excess claims fees; (5) any required
`application size fee; (6) publication fee; 0') processing fee (Track I) set forth in 37 CFR 1.17(i); and
`(8) prioritized examination fee (Track I) set forth in 37 CFR 1.17(c).
`
`3. An executed oath or declaration under 37 CFR 1.63 is filed with the application.
`
`4. The application contains or is amended to contain no more than four independent claims and no
`more than thirty total claims, and no multiple dependent claims.
`
`sinature Frank L. Gerratanai
`
`Name Frank L. Gerratana
`(Printi'Typed)
`
`Date October 12. 2011
`
`Practitioner
`Registration Number 62.653
`
`Note: Signatures of all‘ the inventors or eestgneee of record of the entire interest or their rep-resentativefs) are required in accordance with
`3? CFR 1.33 and 11.18. Please see 3? CFR 1.4(of) for me form of the signature. if necessary, submit ntuitipie forms for more than one
`3:‘ nature, see below’.
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`towns are submitted.
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`000414
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`

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`Allomey Docket: 2971240002002
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`FABRIC SYSTEM
`
`BACKGROUND OF THE INVENTION
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`CROSS REFERENCE TO RELATED APPLICATION
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`This application claims benefit under 35 USC §
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`ll.9(e) of US. Provisional Patent
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`Application Serial No. 6lflCrl,04-9 filed 29 September 2003, which application is hereby
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`incorporated fully by reference.
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`1.
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`Field of the Invention
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`The present invention relates generally to fabric systems, and [I10l‘B specifically to bed
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`coverings constructed of high gauge circular knitted fabrics that accommodate and maintain
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`optimum thermal conditions for sleep, which in tu1'n can lead to faster sleep initiation and deeper,
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`more iestorative sleep.
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`2.
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`Description of Related Art
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`Sleep problems in the United States are remarkably widespread, affecting roughly three
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`out of four American adults, according to research by the National Sleep Foundation (NSF).
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`Consequently, a great deal of attention has been paid to the circumstances surrounding poor
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`sleep, along with strategies for how to improve it.
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`The implications are not merely academic. Sleep — not only the right amount of it but
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`also the right quality — impacts not just day-to-day performance, but also “the overall quality of
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`our lives,” according to the NSF. Addnessing the causes of poor quality sleep, therefore, has
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`rainifications for millions.
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`Though many factors contribute to sleep quality,
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`the sleep environment itself plays a
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`critical role, and sleep researchers routinely highlight temperature as one of the most important
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`components in creating an environment for optimal sleep. As advised by the University of
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`Maryland Medical Center, “a cool (not cold) bedroom is often the most conducive to sleep.” The
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`National Sleep Foundation further notes that “temperatures above 75 degrees Fahrenheit and
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`below 54 degrees will clisrupt sleep,” with 65 degrees being the ideal sleep temperature for most
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`individuals, according to the NSF.
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`Attomey Docket: 2971240002002
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`A lower environmental
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`temperature is not
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`the only thermal. factor associated with
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`improved sleep. Researchers have noted a nightly drop in body temperature among healthy,
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`normal adults during sleep. This natural cycle, when inhibited or not functioning properly, can
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`disrupt sleep and delay sleep onset, according to medical researchers at Cornell University.
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`Conversely, the researchers noted, a rapid decline in body temperature not only accelerates sleep
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`onset but also “may facilitate an entry into the deeper stages of sleep.”
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`Therefore, maintaining an appropriately cool sleep environment and accommodating the
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`body’s natural tendency to cool itself at night should be atop priority for individuals interested in
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`optimizing their sleep quality. Performance fabrics crafted into bedding applications would be
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`uniquely capable of promoting cool, comfortable — and therefore better — sleep, as these
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`advanced fabrics maximize breathability and heat transfer. Performance fabrics are made for a
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`variety of end-use applications, and can provide multiple functional qualities, such as moisture
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`management. UV protection, anti—microbial, thermo—regulation, and windfwater resistance.
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`There has been a long felt need in several industries to provide improved bedding to help
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`individuals get better sleep. Such improved bedding would include beneficial wicking among
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`other properties. For example, in marine, boating and recreational vehicle applications, bedding
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`should resist moisture, fit odd-shaped mattresses and beds, and reduce mildew. Particularly with
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`watercraft, there is a need to protect bedding, and specifically sheets, from moisture and mildew
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`accumulation.
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`An additional problem with bedding, not just with marine and recreational vehicles, is the
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`sticky, wet feeling that can occur when the bedding sheets are wet due to body sweat,
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`environmental moisture, or other bodily fluids.
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`In particular, when bedding is used during hot
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`weather, or is continuously used for a long time by a person suffering from an illness, problems
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`can arise in that the conventional bed sheet of cotton fiber or the like cannot sufficiently absorb
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`25
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`the moisture. All of these issues lead to poor sleep.
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`To date, performance fabric bedding products are not known. There are width limitations
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`in the manufacturing of high gauge circular knit fabrics, because the finished width of bedding
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`fabrics are dictated by the machine used in its construction. At present, performance fabtics are
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`manufactured with a maximum width of under 90 inches wide, given present manufacturing and
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`technical limitations, along with the inability of alternate manufacturing processes to produce a
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`Attomey Docket: 2971240002002
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`fabric with identical performance attributes. Yet, normal bed sheet panels can be 1.02 by 91
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`inches or larger. Thus, performance fabrics cannot yet be used for bed sheets.
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`Some conventional solutions for the above issues that hinder a good night’s sleep include
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`United States Patent 4,643,186, which discloses an absorbent wood pulp cellulose fiber that is
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`provided in a variety of sizes and is placed under a mattress. The wood pulp is water absorbent
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`and acts to capture moisture to prevent such moisture from being retained by the bedding or the
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`bedding sheets. However,
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`this proposed solution does not interact with the bedding or the
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`bedding sheets, but merely acts as a sponge for moisture that is in proximity to the target bedding.
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`United States Patent 5,092,088 discloses a sheet-like mat comprised of a mat cover, the
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`10
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`inside of which is divided into a plurality of bag—like spaces, and a drying agent packed into a
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`bag and contained in the bag-like spaces in such a manner that the drying agent cannot fall out of
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`the bag-like spaces. A magnesium sulfate, a high polymer absorbent, a silica gel or the like can
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`be used as the drying agent. As can be seen, this proposed solution to moisture in bedding is
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`cumbersome and chemically-based.
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`In the athletic apparel
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`industry, moisture wicking fabric has been used to construct
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`athletic apparel.
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`For example, United States Patent 5.636.380 discloses a base fabric of
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`CoolmaxQ high moistune evaporation fabric having one or more insulating panels of Tl1ermaxB
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`or ThermastatQ hollow core fiber fabric having moisture wicking capability and applied to the
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`inner side of the garment for skin contact at selected areas of the body where muscle protection
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`is desired. However, this application cannot be applied to bedding sheets due to the limitations
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`of the size of the performance fabrics manufactured. Further, performance fabric such as this
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`type cannot be easily stitched together as the denier is so fine that stitching this fabric results in
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`the stitching simply falling apart.
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`Circular knitting is typically used for athletic apparel. The process includes circularly
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`knitting yarns into fabrics. Circular knitting is a form of weft knitting where the knitting needles
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`are organized into a circular knitting bed. A cylinder rotates and interacts with a cam to move
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`the needles reciprocally for knitting action. The yarns to be knitted are fed from packages to a
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`carrier plate that directs the yarn strands to the needles. The circular fabric emerges from the
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`knitting needles in :1 tubular form. througflt the center of the cylinder. This process is described in
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`United States Patent 7,117,695. However, the machinery presently available for this method of
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`25
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`Attomey Docket: 2971240002002
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`manufacture can only produce a fabric with a m.aximum width of approximately 90 inches.
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`Therefore,
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`this process has not been known to manufacture sheets, since sheets can have
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`dimensions of 9] inches by 102 inches or greater.
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`Further, the machinery that is used for bedding is very different than for athletic wear.
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`For example, bedding manufacturing equipment is not equipped to sew flatlock stitching or to
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`pnovide circular knitting. Bed sheets typically are knit using a process known as warp knitting, a
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`process capable of producing finished fabrics in the widths required for bedding. This method,
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`however, cannot be employed to produce high—quality perfomtance fabrics. Warp knitting is not
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`capable of reproducing these fabrics’
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`fine tactile qualities nor their omni-direction stretch
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`10
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`properties, for example.
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`Circular knitting must be employed to produce a performance fabric that retains these
`
`fabric’s full range of benefits and advantages. However,
`
`in order to produce a fabric of the
`
`proper width for bedding applications, a circular knit machine of at least 48 inches in diameter
`
`would be necessary. Manufacturing limitations
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`therefore preclude the construction of
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`15
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`performance fabrics at proper widths for bedding. The industry is unsure if it could actually knit
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`and then finish performance fabrics at these large sizes, even if the machinery were readily
`
`available.
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`Further, athletic sewing factories are typically not equipped to sew and handle large
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`pieces of fabrics so that equipment limitations do not allow for the manufacture of bedding
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`20
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`sheets.
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`What is needed, therefore, is a bedding system that utilizes performance fabrics and their
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`beneficial properties,
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`the design of which acknowledges and addresses limitations in the
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`manufacture of these fabrics,
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`It
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`is to such a system that the present invention is primarily
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`directed.
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`BRIEF SUMMARY OF THE INVENTION
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`Briefly described, in preferred form, the present invention is a high gauge circular knit
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`fabric for use in bedding, and a method for manufacturing such bedding. The bedding fabric has
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`superior performance properties, while allowing for manufacture by machinery presently
`
`available and in use.
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`In order to achieve a finished width of the size needed to create sheet—sized
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`000418
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`Attomey Docket: 2971240002002
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`perfomtance fabric, a high gauge circular knit machine of at
`
`least 48 inches in diameter is
`
`necessary. And while waip knitting machines are available that can produce wider fabrics, this
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`method will not provide a fabric with the tactile qualities required, nor provide a fabric with
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`omni-directional stretch.
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`In an exemplary embodiment, the present invention is a method of making a finished
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`fabric comprising at least two discrete performance fabric portions, and joining at least two
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`discrete performance fabric portions to form the finished fabric. Forming the at
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`least
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`two
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`discrete performance fabric portions can comprise knitting at least two discrete perfoimance
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`fabric portions, and more preferably, cincular knitting at least two discrete performance fabric
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`10
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`portions. Joining the at least two discrete performance fabric portions to form the finished fabiic
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`can comprise stitching at least two discrete performance fabric portions together to form the
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`finished fabric.
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`The at
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`least
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`two discrete performance fabric portions can have different
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`fabric
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`characteristics.
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`Fabric characteristics as used herein include, among other things, moisture
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`management, UV protection, anti-microbial,
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`thermo-regulation, wind resistance and water
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`resistance.
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`The finished fabric can be used in, among other applications, residential settings, or in
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`marine, boating and recreational vehicle environments.
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`The present sheets offer enhanced drape and comfort compared to traditional cotton
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`bedding, and are as fine as silk, yet provide the benefits of high elasticity and recovery along
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`with superior breathability, body—heat
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`transport, and moisture manage