Attorney Docket No.: 29712-0002001
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Art Unit
`: (cid:9) 3673
`Examiner : Nicholas F. Polito
`Conf. No. : (cid:9) 8676
`
`Applicant : Susan Walvius et. al.
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Title (cid:9)
`: FABRIC SYSTEM
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPLY TO ACTION DATED JANUARY 3, 2012
`
`000204
`
`BEDGEAR 1024 (part 3)
`IPR of U.S. Pat. No. 8,402,580
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 2 of 9
`
`Attorney's Docket No.: 29712-0002001
`
`List of claims (replaces all prior versions):
`
`1. (Currently Amended) A method of making a finished fabric at least 90 inches wide
`
`comprising:
`
`forming at least two discrete performance fabric portions that are to be joined to form the
`
`finished fabric, at least one of the discrete performance fabric portions being formed of a
`
`performance fabric that has been circularly knit at a high gauge, the performance fabric
`
`comprising a synthetic material in a proportion such that the fabric could be circularly knit at no
`
`more than a 72.5 inch circumference without losing integrity of the fabric; and
`
`joining at least two discrete performance fabric portions to form the finished fabric.
`
`2. (Previously Presented) The method of claim 1, wherein forming at least two discrete
`
`performance fabric portions comprises knitting at least two discrete performance fabric portions.
`
`3. (Canceled)
`
`4. (Previously Presented) The method of claim 1, wherein joining at least two discrete
`
`performance fabric portions to form the finished fabric comprises stitching at least two discrete
`
`performance fabric portions together to form the finished fabric.
`
`5. (Currently Amended) A method of making a bed sheet at least 90 inches wide from
`
`performance fabric comprising:
`
`circular knitting at least two discrete performance fabric portions, at least one of the
`
`discrete performance fabric portions being formed of a performance fabric that has been
`
`circularly knit at a high gauge, the performance fabric comprising a synthetic material in a
`
`000205
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 3 of 9
`
`Attorney's Docket No.: 29712-0002001
`
`proportion such that the fabric could be circularly knit at no more than a 72.5 inch circumference
`
`without losing integrity of the fabric;
`
`stitching at least two discrete performance fabric portions; and
`
`heat setting finishing the stitched at least two discrete performance fabric portions.
`
`6. (Previously Presented) The method of claim 1, further comprising providing piping to
`
`the finished fabric.
`
`7. (Previously Presented) The method of claim 1, wherein the at least two discrete
`
`performance fabric portions have different fabric characteristics.
`
`8. (Previously Presented) The method of claim 7, wherein fabric characteristics are
`
`selected from the group consisting of moisture management, UV protection, anti-microbial,
`
`thermo-regulation, wind resistance and water resistance.
`
`9. (Withdrawn) A finished fabric at least 90 inches wide comprising: a first circular
`
`knitted performance fabric; and a second circular knitted performance fabric; wherein the first
`
`and second performance fabrics are discrete; and wherein the first and second performance
`
`fabrics are joined to form the finished fabric.
`
`10. (Withdrawn) The finished fabric of Claim 9, wherein the finished fabric comprises a
`
`bed sheet.
`
`11. (Withdrawn) The finished fabric of Claim 9, further comprising piping.
`
`000206
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 4 of 9
`
`Attorney's Docket No.: 29712-0002001
`
`12. (Withdrawn) The finished fabric of Claim 9, wherein the first and second
`
`performance fabrics have different fabric characteristics.
`
`13. (Withdrawn) The finished fabric of Claim 12, wherein fabric characteristics are
`
`selected from the group consisting of moisture management, UV protection, anti-microbial,
`
`thermo-regulation,
`
`wind resistance and water resistance.
`
`14. (Withdrawn) A bedsheet comprising a performance fabric of a man-made fiber, the
`
`performance fabric having higher breathability, higher heat transfer, and higher moisture wicking
`
`characteristics than a cotton fabric.
`
`15. (Withdrawn) The bedsheet of claim 1 in which the fabric is knit of the man-made
`
`fiber.
`
`16. (Withdrawn) The bedsheet of claim 1 in which the fabric has a gauge of at least 17
`
`gauges.
`
`17. (Withdrawn) The bedsheet of claim 1 in which the fabric is circularly knit.
`
`18. (Withdrawn) The bedsheet of claim 1 being stretchable to fit either a baby crib and
`
`an adult bed.
`
`19. (Withdrawn) A bedsheet comprising a circularly knit fabric including a high
`
`performance man-made fiber.
`
`000207
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 5 of 9
`
`Attorney's Docket No.: 29712-0002001
`
`20. (Withdrawn) The bedsheet of claim 6 in which the bedsheet comprises at least two
`
`sections of the circularly knit fabric.
`
`21. (Withdrawn) A bedsheet comprising a knit fabric that includes
`
`polyurethanepolyurea copolymer fiber in a proportion that, if circularly knit at a high gauge,
`
`could be knit at no more than a 72.5 inch circumference without losing the integrity of the
`
`polyurethanepolyurea copolymer fiber.
`
`22. (Withdrawn) A bed covered by a bedsheet comprising a performance fabric of a
`
`man-made fiber, the performance fabric having higher breathability, higher heat transfer, and
`
`higher moisture wicking characteristics than a cotton fabric.
`
`23. (Withdrawn) A bed covered by a bedsheet comprising a circularly knit fabric
`
`including a high-performance man-made fiber.
`
`24. (Withdrawn) A bedsheet that is sufficiently stretchable to fit a standard rectangular
`
`bed and a smaller, non-rectangular marine bed.
`
`25. (Withdrawn) A bedsheet that is sufficiently stretchable to fit either a crib or a
`
`standard adult bed.
`
`26. (Previously Presented) The method of claim 1, wherein the two discrete
`
`performance fabric portions are joined by flatlock stitching.
`
`27. (Previously Presented) The method of claim 1, comprising
`
`000208
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 6 of 9
`
`Attorney's Docket No.: 29712-0002001
`
`heat setting finishing the joined at least two discrete fabric portions.
`
`28. (Previously Presented) The method of claim 1 wherein the finished fabric comprises
`
`a bed sheet.
`
`29. (Currently Amended) A method of making a bed sheet at least 90 inches wide from
`
`performance fabric comprising
`
`circular knitting at least two discrete fabric portions, at least one of the discrete fabric
`
`portions being formed of a performance fabric that has been circularly knit at a high gauge, the
`
`performance fabric comprising a synthetic material in a proportion such that the fabric could be
`
`circularly knit at no more than a 72.5 inch circumference without losing integrity of the fabric;
`
`the two discrete fabric portions having different fabric characteristics including at least one of the
`
`following: moisture management, UV protection, anti-microbial, thermo-regulation, wind
`
`resistance, and water resistance;
`
`stitching at least two discrete fabric portions together;
`
`heat setting finishing the stitched at least two discrete fabric portions to form a finished
`
`bed sheet; and
`
`providing piping to the finished bed sheet.
`
`30. (Previously Presented) The method of claim 5, wherein forming at least two discrete
`
`performance fabric portions comprises knitting at least two discrete performance fabric portions.
`
`31. (Canceled)
`
`32. (Previously Presented) The method of claim 5, wherein joining at least two discrete
`
`performance fabric portions comprises stitching at least two discrete performance fabric portions
`
`together to form a finished bed sheet.
`
`000209
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 7 of 9
`
`Attorney's Docket No.: 29712-0002001
`
`33. (Previously Presented) The method of claim 5, further comprising providing piping
`
`to a finished bed sheet.
`
`34. (Previously Presented) The method of claim 5, wherein the at least two discrete
`
`performance fabric portions have different fabric characteristics.
`
`35. (Previously Presented) The method of claim 34, wherein fabric characteristics are
`
`selected from the group consisting of moisture management, UV protection, anti-microbial,
`
`thermo-regulation, wind resistance and water resistance.
`
`36. (Previously Presented) The method of claim 5, wherein the two discrete
`
`performance fabric portions are joined by flatlock stitching.
`
`000210
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 8 of 9
`
`Attorney's Docket No.: 29712-0002001
`
`REMARKS
`
`The comments of the applicant below are each preceded by related comments of the
`
`examiner (in small, bold type).
`
`Double Patenting
`
`3. Claims 1-4 and 28 are provisionally rejected on the ground of nonstatutory
`obviousness-type double patenting as being unpatentable over claims 25-33, 38
`and 39 of copending Application No. 13/271,884 and claims 15-18, 21,25,28-
`32,34 and 35 of copending Application No. 13/272,977. Although the conflicting
`claims are not identical, they are not patentably distinct from each other
`because they are drawn to the same subject matter but written separately as
`method and apparatus claims. This is a provisional obviousness-type double
`patenting rejection because the conflicting claims have not in fact been
`patented.
`
`The applicant will consider filing a terminal disclaimer once the pending claims have
`
`been found to be allowable.
`
`Claim Rejections -35 USC § 103
`
`4. The following is a quotation of 35 U.S.C. 1 03(a) which forms the basis for all
`obviousness rejections set forth in this Office action:
`(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.
`1. (cid:9)
`Claims 1-8 and 26-36 are rejected under 35 U.S.C. 1 03(a) as being
`unpatentable over Murphy et al. (U.S. Patent No. 6,823,548).
`
`Claim 1 has been amended to recite that at least two discrete performance fabric portions
`
`"are to be joined to form the finished fabric, at least one of the discrete performance fabric
`
`portions being formed of a performance fabric that has been circularly knit at a high gauge, the
`
`performance fabric comprising a synthetic material in a proportion such that the fabric could be
`
`000211
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 9 of 9
`
`Attorney's Docket No.: 29712-0002001
`
`circularly knit at no more than a 72.5 inch circumference without losing integrity of the fabric."
`
`Murphy is not understood to have described or made obvious at least this feature of the claim.
`
`Claims 5 and 29 recite features similar to claim 1 and are patentable for at least the same
`
`reasons as given for claim 1.
`
`All of the dependent claims are patentable for at least similar reasons as those for the
`
`claims on which they depend are patentable.
`
`Canceled claims, if any, have been canceled without prejudice or disclaimer.
`
`Any circumstance in which the applicant has (a) addressed certain comments of the
`
`examiner does not mean that the applicant concedes other comments of the examiner, (b) made
`
`arguments for the patentability of some claims does not mean that there are not other good
`
`reasons for patentability of those claims and other claims, or (c) amended or canceled a claim
`
`does not mean that the applicant concedes any of the examiner's positions with respect to that
`
`claim or other claims.
`
`Please apply the Petition for Extension of Time fee of $1270.00 and any other charges or
`
`credits to deposit account 06-1050, referencing attorney docket 29712-0002001.
`
`Respectfully submitted,
`
`Date: July 2, 2012
`
`Customer Number 26161
`Fish & Richardson P.C.
`Telephone: (617) 542-5070
`Facsimile: (877) 769-7945
`
`22788171.doc
`
`/Frank L. Gerratana/ (cid:9)
`Frank L. Gerratana
`Reg. No. 62,653
`
`
`
`000212
`
`(cid:9)
`

`
`Attorney Docket No.: 29712-0002001
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Art Unit : 3673
`Examiner : Nicholas F. Polito
`Conf. No. : 8676
`
`Applicant : Susan Walvius et. al.
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Title (cid:9)
`: FABRIC SYSTEM
`
`MAIL STOP AMENDMENT
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`INFORMATION DISCLOSURE STATEMENT
`
`Please consider the reference listed on the attached PTO-1449 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 and/or patents listed below contain material related
`
`to material in this application. Copies of the applications and/or 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 and/or patents, and the positions of the 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.
`
`000213
`
`

`
`Applicant : Susan Walvius et. al. (cid:9)
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Page (cid:9)
`: 2 of 2
`
`Attorney's Docket No.: 29712-0002001
`
`Examiner and
`group art unit
`
`US serial
`number and
`filing date/
`status
`
`Is patent or application
`attached and listed on form
`1449 and/or what is the
`date of a prior information
`disclosure statement with
`which it was submitted
`
`N/A
`
`No
`
`In the case of an
`application, are claims
`attached or what is the
`date of a prior
`information disclosure
`statement with which
`they were submitted
`No
`
`Is current PAIR
`transaction history
`attached and listed on
`form 1449
`
`No
`
`61/101,049
`09/29/2008
`Expired
`13/271,884
`10/12/2011
`Pending
`13/272,977
`10/13/2011
`Pending
`
`Nicholas F.
`Polito
`GAU 3673
`Nicholas F.
`Polito
`GAU 3673
`
`No - publication
`2012/0024013 submitted
`2/16/12
`No - publication
`2012/0030874 submitted
`2/16/12
`
`No — submitted 4/11/12
`
`Yes
`
`No — submitted 4/11/12
`
`Yes
`
`This statement is being filed after a first Office action on the merits, but before receipt of
`
`a final Office action or a Notice of Allowance. The fees in the amount of $180 in payment of the
`
`late submission fee of §1.1'7(p) are being paid concurrently herewith. In addition, please apply
`
`any other necessary charges or credits to deposit account 06-1050, referencing the above attorney
`
`docket number.
`
`Respectfully submitted,
`
`Date: July 2, 2012
`
`Customer Number 26161
`Fish & Richardson P.C.
`Telephone: (617) 542-5070
`Facsimile: (877) 769-7945
`
`22870885.doc
`
`/Frank L. Gerratana/ (cid:9)
`Frank L. Gerratana
`Reg. No. 62,653
`
`
`
`000214
`
`(cid:9)
`

`
`Sheet 1 of 1
`
`Substitute Form PTO-1449 (cid:9)
`(Modified) (cid:9)
`
`U.S. Department of Commerce
`Patent and Trademark Office
`
`Information Disclosure Statement
`by Applicant
`(Use several sheets if necessary)
`
`(37 CFR §1.98(b))
`
`Attorney Docket No.
`29712-0002001
`Applicant
`Susan Walvius et. al.
`Filing Date
`September 29, 2009
`
`Application No.
`12/569,659
`
`Group Art Unit
`
`3673
`
`Examiner
`Initial
`
`Desig.
`ID
`
`Document
`Number
`
`U.S. Patent Documents
`Publication
`Date
`
`Patentee
`
`Class Subclass
`
`Filing Date
`If Appropriate
`
`Examiner
`Initial
`
`Foreign Patent Documents or Published Foreign Patent Applications
`Translation
`Desig.
`Document
`Publication
`Country or
`ID
`Number
`Date
`Patent Office
`Yes (cid:9)
`No
`
`Class Subclass
`
`Other Documents (include Author, Title, Date, and Place of Publication)
`Desig.
`ID
`1
`
`Document
`Canadian office action issued May 30, 2012 in Canadian application no. 2,738,658 (11 pages).
`Transaction history from PAIR of U.S. application no. 13/271,884 as of June 27, 2012.
`
`Transaction history from PAIR of U.S. application no. 13/272,977 as of June 27, 2012.
`
`Examiner
`Initial
`
`2
`
`3
`
`Examiner Signature
`
`Date Considered
`
`Initials citation considered. Draw line through citation if not in conformance and not considered. Include copy of this form with
`EXAMINER: (cid:9)
`next communication to applicant.
`
`Substitute Disclosure Form (PTO-1449)
`
`000215
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`12569659
`
`29-Sep-2009
`
`Title of Invention:
`
`Fabric System
`
`First Named Inventor/Applicant Name:
`
`Susan Katherine Walvius
`
`Filer:
`
`Frank L. Gerratana/Anne Roy
`
`Attorney Docket Number:
`
`29712-0002001
`
`Filed as Large Entity
`
`Utility under 35 USC 111(a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Extension-of-Time:
`
`Extension - 3 months with $0 paid
`
`1253
`
`1
`
`1270
`
`1270
`
`000216
`
`

`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Miscellaneous:
`
`Submission- Information Disclosure Stmt
`
`1806
`
`1
`
`180
`
`180
`
`Total in USD ($) (cid:9)
`
`1450
`
`000217
`
`

`
`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`13163127
`
`12569659
`
`International Application Number:
`
`Confirmation Number:
`
`8676
`
`Title of Invention:
`
`Fabric System
`
`First Named Inventor/Applicant Name:
`
`Susan Katherine Walvius
`
`Customer Number:
`
`26161
`
`Filer:
`
`Frank L. Gerratana/Anne Roy
`
`Filer Authorized By:
`
`Frank L. Gerratana
`
`Attorney Docket Number:
`
`29712-0002001
`
`Receipt Date:
`
`Filing Date:
`
`02-JUL-2012
`
`29-SEP-2009
`
`Time Stamp:
`
`17:58:34
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`File Listing:
`
`Document
`Number
`
`yes
`
`Deposit Account
`
`$1450
`
`5271
`
`061050
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`000218
`
`

`
`1
`
`Extension of Time
`
`29712ext.pdf
`
`no
`
`1
`
`46826
`
`cda7b86c99e6c4f383fce2f812a2325760b0
`3c5a
`
`Warnings:
`
`Information:
`
`2
`
`Warnings:
`
`Information:
`
`29712reply.pdf
`
`yes
`
`9
`
`91823
`
`86afd2a6164d5265f396933696abe0a26da
`ae598
`
`Multipart Description/PDF files in zip description
`
`Document Description
`
`Start
`
`End
`
`Amendment/Req. Reconsideration-After Non-Final Reject
`
`Claims
`
`Applicant Arguments/Remarks Made in an Amendment
`
`1
`
`7
`
`9
`
`1
`
`2
`
`8
`
`66242
`
`3
`
`Transmittal Letter
`
`29712replyids.pdf
`
`no
`
`2
`
`b37506cd469cd6784918b7d1e717938c23
`ecf7fc
`
`Warnings:
`
`Information:
`
`4
`
`Information Disclosure Statement (IDS)
`Form (5E308)
`
`1449.pdf
`
`no
`
`1
`
`85436
`
`79ad5805e1634a1009414fa1553a73af41b3
`18d4
`
`Warnings:
`
`Information:
`
`This is not an USPTO supplied IDS fillable form
`
`5
`
`Non Patent Literature
`
`22870892.pdf
`
`no
`
`2
`
`78362
`
`Warnings:
`
`Information:
`
`79732f9a9dbf44aa46357a8106f69c34c894
`b7d4
`
`78952
`
`6
`
`Non Patent Literature
`
`22870893.pdf
`
`no
`
`2
`
`Warnings:
`
`Information:
`
`a2e3140761d6452f786d7d100a781c84d12
`e35e0
`
`2315867
`
`7
`
`Non Patent Literature
`
`cda.pdf
`
`no
`
`11
`
`6cad91f64d27f8629e1929162c472fe83980
`6cf2
`
`Warnings:
`
`Information:
`
`000219
`
`

`
`8
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`no
`
`2
`
`31824
`
`34979888666c28661460263c1494869c733
`1891d
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes):
`
`2795332
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the 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. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`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
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 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.
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/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.
`
`000220
`
`

`
`Attorney Docket No.: 29712-0002001
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant : Susan Walvius et. al.
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`Title (cid:9)
`: FABRIC SYSTEM
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Art Unit : 3673
`Examiner : Nicholas F. Polito
`Conf. No. : 8676
`
`PETITION FOR THREE-MONTH EXTENSION OF TIME UNDER 37 C.F.R. §1.136
`
`Please extend the period for response to the action dated January 3, 2012, for three
`
`months to and including July 3, 2012.
`
`The fees in the amount of $1270 are being paid concurrently herewith. In addition,
`
`please apply any other necessary charges or credits to Deposit Account 06-1050, referencing the
`
`above attorney docket number.
`
`Respectfully submitted,
`
`Date: July 2, 2012
`
`Customer Number 26161
`Fish & Richardson P.C.
`Telephone: (617) 542-5070
`Facsimile: (877) 769-7945
`
`22873630.doc
`
`/Frank L. Gerratana/ (cid:9)
`Frank L. Gerratana
`Reg. No. 62,653
`
`
`
`000221
`
`(cid:9)
`

`
`PTO/SB/06 (07-06)
`Approved for use through 1/31/2007. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PATENT APPLICATION FEE DETERMINATION RECORD
`Application or Docket Number
`Filing Date
`12/569,659
`09/29/2009
`Substitute for Form PTO-875
`
`q To be Mailed
`
`APPLICATION AS FILED — PART I
`(Column 1) (cid:9)
`
`(Column 2)
`
`FOR
`
`NUMBER FILED
`
`NUMBER EXTRA
`
`SMALL ENTITY [s] (cid:9)
`RATE ($)
`FEE ($)
`
`OR
`
`OTHER THAN
`
`SMALL ENTITY
`
`RATE ($)
`
`FEE ($)
`
`q BASIC FEE
`(37 CFR 1.16(a), (b), or (c))
`
`q SEARCH FEE
`(37 CFR 1.16(k), (i), or (m))
`
`q EXAMINATION FEE
`(37 CFR 1.16(o), (p), or (q))
`TOTAL CLAIMS
`(37 CFR 1.16(i))
`INDEPENDENT CLAIMS
`(37 CFR 1.16(h))
`
`APPLICATION SIZE FEE
`(37 CFR 1.16(s))
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`minus 20 =
`
`minus 3 =
`
`N/A
`
`N/A
`
`N/A
`
`X $
`
`X $
`
`If the specification and drawings exceed 100
`sheets of paper, the application size fee due
`is $250 ($125 for small entity) for each
`additional 50 sheets or fraction thereof. See
`35 U.S.C. 41(a)(1)(G) and 37 CFR 1.16(s).
`
`N/A
`
`N/A
`
`N/A
`
`OR
`
`X $
`
`X $
`
`q MULTIPLE DEPENDENT CL AIM PRESENT (37 CFR 1.16(j))
`
`* If the difference in column 1 is less than zero, enter "0" in column 2. (cid:9)
`
`TOTAL
`
`TOTAL
`
`APPLICATION AS AMENDED — PART II
`
`(Column 1) (cid:9)
`
`(Column 2) (cid:9)
`
`(Column 3)
`
`SMALL ENTITY (cid:9)
`
`OR (cid:9)
`
`SMALL ENTITY
`
`OTHER THAN
`
`07/02/2012
`
`RATE ($)
`
`RATE ($)
`
`PRESENT
`EXTRA
`
`ADDITIONAL
`FEE ($)
`
`ADDITIONAL
`FEE ($)
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`* 34
`*6
`
`Minus
`
`Minus
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`36
`
`Total (37 CFR
`1_16(i))
`Independent
`(37 CFR 1.16(h))
`
`q Application Size Fee (37 CFR 1.16(s))
`
`=0
`=0
`
`q FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`
`X $30 =
`
`X $125=
`
`TOTAL
`ADD'L
`FEE
`
`0
`0
`
`0
`
`OR X $
`
`OR X $
`
`OR
`
`OR (cid:9)
`
`TOTAL
`ADD'L
`FEE
`
`(Column 2) (cid:9)
`
`(Column 3)
`
`(Column 1) (cid:9)
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`Total (37 CFR
`1.16(i))
`Independent
`(37 CFR 1.16(h))
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`Minus
`
`**
`
`Minus
`
`q Application Size Fee (37 CFR 1.16(s))
`
`q FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`
`PRESENT
`EXTRA
`
`RATE ($)
`
`ADDITIONAL
`FEE ($)
`
`RATE ($)
`
`ADDITIONAL
`FEE ($)
`
`AMENDMENT
`
`AMENDMENT
`
`X $
`
`X $
`
`OR
`
`X $
`
`OR
`
`X $
`
`OR
`
`TOTAL
`TOTAL
`ADD'L
`ADD'L
`FEE
`FEE
`Legal Instrument Examiner:
`/TAMARA DARKO/
`
`OR
`
`* If the entry in column 1 is less than the entry in column 2, write "0" in column 3. (cid:9)
`"" If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20". (cid:9)
`
`""" If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3".
`The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1.
`
`This collection of information is required by 37 CFR 1.16. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering,
`preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you
`require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S.
`Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2
`
`000222
`
`(cid:9)
`q
`

`
`Sheet 1 of 1
`
`Substitute Form PTO-1449 (cid:9)
`(Modified) (cid:9)
`
`U.S. Department of Commerce
`Patent and Trademark Office
`
`Information Disclosure Statement
`by Applicant
`(Use several sheets if necessary)
`
`(37 CFR §1.98(b))
`
`Attorney Docket No.
`29712-0002001
`Applicant
`Susan Walvius et. al.
`Filing Date
`September 29, 2009
`
`Application No.
`12/569,659
`
`Group Art Unit
`3673
`
`Examiner
`Initial
`
`Desig.
`ID
`1
`
`Document
`Number
`2005/0132754
`
`U.S. Patent Documents
`Publication
`Date
`06-2005
`
`Patentee
`Taniguchi et al.
`
`Class Subclass
`
`Filing Date
`If Appropriate
`
`Examiner
`Initial
`
`Foreign Patent Documents or Published Foreign Patent Applications
`Translation
`Desig.
`Document
`Publication
`Country or
`ID
`Number
`Date
`Patent Office
`Yes (cid:9)
`No
`
`Class Subclass
`
`Examiner
`Initial
`
`Other Documents (include Author, Title, Date, and Place of Publication)
`Desig.
`ID
`2
`
`Document
`Transaction history from PAIR of U.S. application no. 13/271,884 as of May 31, 2012.
`
`3
`
`Transaction history from PAIR of U.S. application no. 13/272,977 as of May 31, 2012.
`
`Examiner Signature
`
`Date Considered
`
`Initials citation considered. Draw line through citation if not in conformance and not considered. Include copy of this form with
`EXAMINER: (cid:9)
`next communication to applicant.
`
`Substitute Disclosure Form (PTO-1449)
`
`000223
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`12569659
`
`29-Sep-2009
`
`Title of Invention:
`
`Fabric System
`
`First Named Inventor/Applicant Name:
`
`Susan Katherine Walvius
`
`Filer:
`
`Frank L. Gerratana/jennifer franco
`
`Attorney Docket Number:
`
`29712-0002001
`
`Filed as Large Entity
`
`Utility under 35 USC 111(a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Extension-of-Time:
`
`000224
`
`

`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Miscellaneous:
`
`Submission- Information Disclosure Stmt
`
`1806
`
`1
`
`180
`
`180
`
`Total in USD ($) (cid:9)
`
`180
`
`000225
`
`

`
`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`12909489
`
`12569659
`
`International Application Number:
`
`Confirmation Number:
`
`8676
`
`Title of Invention:
`
`Fabric System
`
`First Named Inventor/Applicant Name:
`
`Susan Katherine Walvius
`
`Customer Number:
`
`26161
`
`Filer:
`
`Frank L. Gerratana/jennifer franco
`
`Filer Authorized By:
`
`Frank L. Gerratana
`
`Attorney Docket Number:
`
`29712-0002001
`
`Receipt Date:
`
`Filing Date:
`
`01-JUN-2012
`
`29-SEP-2009
`
`Time Stamp:
`
`09:15:00
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`File Listing:
`
`Document
`Number
`
`yes
`
`Deposit Account
`
`$180
`
`8139
`
`061050
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`000226
`
`

`
`1
`
`2001_IDS.pdf
`
`yes
`
`3
`
`128438
`
`Multipart Description/PDF files in zip description
`
`9c034c73ad15f1b38eddc2cae57b6fedffae
`6072
`
`Document Description
`
`Start
`
`End
`
`Transmittal Letter
`
`Information Disclosure Statement (IDS) Form (5E308)
`
`Warnings:
`
`Information:
`
`2
`
`3
`
`1
`
`3
`
`78676
`
`2
`
`Non Patent Literature
`
`2002_TH_5_31_12.pdf
`
`no
`
`2
`
`Warnings:
`
`Information:
`
`d2ddfa252a9b592a7865f55eed3817c6588
`85961
`
`78479
`
`3
`
`Non Patent Literature
`
`2003_TH_5_31_12.pdf
`
`no
`
`2
`
`Warnings:
`
`Information:
`
`19d11ec42da4196b2c77daa4b346648e1e2f
`b5fc
`
`29804
`
`4
`
`Fee Worksheet (5E306)
`
`fee-info.pdf
`
`no
`
`2
`
`f2655baa7bf37fd9c26dc61fla3d89aa95baf
`ec50
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes):
`
`315397
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the 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. 111
`includes the necessary components for a filing date (see 37 CFR
`
`If a new application is being filed and the application
`
`1.54) will be issued in due 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR course and the date shown on this
`
`
`date of the application. Acknowledgement Receipt will establish the filing
`
`35 U.S.C. 371 National Stage of an International Application under
`
`
`is compliant with the conditions of 35 If a timely submission to enter the national stage of an international application
`
`acceptance of the application as a U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating
`
`Filing Receipt, in due course. national stage submission under 35 U.S.C. 371 will be issued in addition to the
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application
`includes the necessary components for
`of the International Application Number
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification
`subject to prescriptions concerning and of the International Filing Date (Form PCT/RO/105) will be issued in due course,
`
`
`establish the international filing date of national security, and the date shown on this Acknowledgement Receipt will
`the application.
`
`000227
`
`

`
`Attorney Docket No.: 29712-0002001
`
`IN THE UNITED STATES PATENT AND TRADEMARK OF