Ex Parte Baldauf et al

Patent Trial and Appeal Board

Aug 22, 2016

12503910 (P.T.A.B. Aug. 22, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
12/503,910 07/16/2009 Georg Baldauf
535 7590 08/24/2016
KFROSS PC
311 E York St
Savannah, GA 31401-3814
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
24517 9067
EXAMINER
JUSKA, CHERYL ANN
ART UNIT PAPER NUMBER
1789
NOTIFICATION DATE DELIVERY MODE
08/24/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
savannah@kfrpc.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte GEORG BALDAUF and DIETER HOMOELLE
Appeal2015-004487
Application 12/503,910
Technology Center 1700
Before JEFFREY T. SMITH, KAREN M. HASTINGS, and
MICHAEL P. COLAIANNI, Administrative Patent Judges.
COLAIANNI, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134 from a final rejection of
claims 15-25. We have jurisdiction under 35 U.S.C. § 6.
We AFFIRM.
Claim 15 is illustrative of the subject matter on appeal and is
reproduced below:
Appeal2015-004487
Application 12/503,910
15. A loop-side composite element of a hook-and-loop
fastener, the element comprising:
an air-permeable textile substrate having an outer edge
and a face;
an air-permeable and loop-forming functional textile
layer having a face generally congruent to and confronting the
face of the substrate;
an annular adhesive strip extending along the outer edge,
bonded to the face of the functional layer and the confronting
face of the substrate, and defining on the face of the substrate
an open center region; and
a plurality of adhesive spots spaced apart on the face of
the substrate in the open region, covering between 40% and
60% of the open region, and each bonded to the face of the
substrate and bonded to and extending into the confronting face
of the functional layer, the faces being free of adhesive and not
bonded to each other in the region between the spots.
Appellants request review of the Examiner's rejection of claims 15-
25 under 35 U.S.C. 103(a) as unpatentable over Baldauf (US 2006/0182927
Al, published August 17, 2006) and Nagaoka (JP 2002-315607, published
October 29, 2002 and relying on an English machine translation dated
March 22, 2012). Br. 5; Final Act. 3-5.
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Appeal2015-004487
Application 12/503,910
OPINION
Prior Art Rejection1
After review of the respective positions provided by Appellants and
the Examiner, we AFFIRM the Examiner's prior art rejection under
35 U.S.C. § 103(a) for the reasons presented by the Examiner and add the
following for emphasis.
Independent claim 15 is directed to a loop-side composite element of
a hook-and-loop fastener comprising an air-permeable textile substrate
having an outer edge and a face to provide a breathable loop fastener
laminate.
We refer to the Examiner's Final Action for the statement of the
rejection. Final Act. 3-5.
Appellants argue Baldauf does not suggest the claimed air permeable
textile substrate. Br. 6. Appellants further argue Nagaoka connects a
substrate to a nonwoven substrate via ultrasonic bonding and does not
suggest the use of spots of adhesive on one side to the substrate and engaged
into the fibers of the functional layer on the other side. Id. at 6-7.
We are unpersuaded by these arguments. The Examiner found
Baldauf teaches a loop-side composite element of a hook-and-loop fastener
that differs from the subject matter of independent claim 15 in that Baldauf
does not disclose the carrier layer for the fastener that is an air permeable
textile substrate. Final Act. 3--4; Ans. 4--5; Baldauf Figures 1 and 3a-3d,
Abstract, i-fi-19, 10, 13, 24, 28, 29. To remedy this difference, the Examiner
1 Appellants present arguments only for independent claim 15. See Brief,
generally. Accordingly, we select claim 15 as representative of the subject
matter before us on appeal. Claims 16-25 stand or fall with claim 15.
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Appeal2015-004487
Application 12/503,910
turns to Nagaoka as teaching the use of an air-permeable base material as a
base material for a loop material for a hook and loop fastener. Final Act. 4;
Ans. 6; Nagaoka Abstract, i-f 10. The Examiner provided a reasonable basis
for substituting a nonwoven fabric substrate, as taught by Nagaoka, for the
film substrate of Baldauf to provide a breathable loop fastener laminate.
Final Act. 4--5; Ans. 6.
Appellants' arguments are directed to the cited art individually and do
not address the Examiner's reasons for combining the teachings of the cited
art. It is well established that nonobviousness cannot be established by
attacking the references individually when the rejection is predicated upon a
combination of prior art disclosures. In re Merck & Co., 800 F .2d 1091,
1097 (Fed. Cir. 1986); In re Keller, 642 F.2d 413, 425-26 (CCPA 1981)
("The test for obviousness ... is what the combined teachings of the
references would have suggested to those of ordinary skill in the art.").
Thus, Appellants' arguments do not point to reversible error in the
Examiner's determination of obviousness.
Accordingly, we sustain the Examiner's prior art rejection under
35 U.S.C. § 103(a) for the reasons presented by the Examiner and given
above.
ORDER
The Examiner's prior art rejection of claims 15-25 under 35 U.S.C.
§ 103(a) are affirmed.
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Appeal2015-004487
Application 12/503,910
TIME PERIOD
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l).
AFFIRMED
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