Ex Parte WilliamsDownload PDFPatent Trial and Appeal BoardJan 24, 201813479414 (P.T.A.B. Jan. 24, 2018) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 13/479,414 05/24/2012 Dale R. Williams 6590A 3738 25280 7590 01/25/2018 Legal Department (M-495) P.O. Box 1926 Spartanburg, SC 29304 EXAMINER VAN SELL, NATHAN L ART UNIT PAPER NUMBER 1783 MAIL DATE DELIVERY MODE 01/25/2018 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte DALE R. WILLIAMS ____________ Appeal 2017-003104 Application 13/479,414 Technology Center 1700 ____________ Before JEFFREY B. ROBERTSON, MONTÉ T. SQUIRE, and JANE E. INGLESE, Administrative Patent Judges. INGLESE, Administrative Patent Judge. DECISION ON APPEAL Appellant1 requests our review under 35 U.S.C. § 134(a) of the Examiner’s decision to finally reject claims 1, 2, 4–12, and 14–20. We have jurisdiction over this appeal under 35 U.S.C. § 6(b). We REVERSE. STATEMENT OF THE CASE Appellant claims a leather cushion back covering material for a planar surface. Br. 2–3. Independent claims 1 and 11 illustrate the subject matter 1 Appellant identifies Milliken & Company as the real party in interest. Appeal Brief filed January 8, 2016 (“App. Br.”), 2. Appeal 2017-003104 Application 13/479,414 2 on appeal and are reproduced below: 1. A leather cushion back covering material for a planar surface, comprising: an outer leather layer, wherein the outer leather layer is comprised of hide leather, composite leather, or faux leather; a stabilization layer having stabilization fibers with a stabilization fiber melting temperature, wherein the stabilization layer has a resilience where a deflection of at least ten percent (10%) of the height of the stabilization layer will return to its original height without permanent deformation and the ten percent (10%) deflection will be at least 0.05 inches; a tension layer of nonwoven material having tension fibers with a tension fiber melting temperature, the tension fiber melting temperature being lower than the stabilization fiber melting temperature of the stabilization fibers, and wherein the tension layer shrinks dimensionally and uniformly in the planar directions of the leather cushion back covering material, said dimensional and uniform shrinking resulting in cupping of the leather cushion back covering material; and, a first adhesive layer having an adhesive with an adhesive melt temperature below the tension fiber melting temperature of the tension fibers; and, wherein the outer leather layer is secured to the stabilization layer with the first adhesive layer and the tension layer is secured to the stabilization layer on the opposite side of the outer leather layer. 11. A leather cushion back covering material for a planar surface, comprising: an outer leather layer, wherein the outer leather layer is comprised of hide leather, composite leather, or faux leather; a stabilization layer having stabilization fibers with a stabilization fiber melting temperature; Appeal 2017-003104 Application 13/479,414 3 a tension layer of nonwoven material having tension fibers with a tension fiber melting temperature, the tension fiber melting temperature being lower than the stabilization fiber melting temperature of the stabilization fibers, wherein the tension layer shrinks dimensionally and uniformly in the planar directions of the leather cushion back covering material, said dimensional and uniform shrinking resulting in cupping of the leather cushion back covering material, and wherein the tension layer has a resilience where a deflection of at least ten percent (10%) of the height of the tension layer will return to its original height without permanent deformation and the ten percent (10%) deflection will be at least 0.05 inches; and, a first adhesive layer having an adhesive with an adhesive melt temperature below the tension fiber melting temperature of the tension fibers; and, wherein the outer leather layer is secured to the stabilization layer with the first adhesive layer and the tension layer is secured to the stabilization layer on the opposite side of the outer leather layer. Br. 13–15 (Claims Appendix) (emphasis added). The Examiner sets forth the following rejections in the Final Office Action entered June 8, 2015 (“Final Act.”), and maintains the rejections in the Examiner’s Answer entered June 29, 2016 (“Ans.”): I. Claims 1, 2, and 4–10 under 35 U.S.C. § 103(a) as unpatentable over Covelli (US 2012/0100351 A1, published April 26, 2012) in view of Coulson (US 2007/0184742 A1, published August 9, 2007); and Appeal 2017-003104 Application 13/479,414 4 II. Claims 11, 12, and 14–20 under 35 U.S.C. § 103(a) as unpatentable over Covelli in view of Coulson.2 DISCUSSION Upon consideration of the evidence relied upon in this appeal and each of Appellant’s contentions, we reverse the Examiner’s rejections of claims 1, 2, 4–12, and 14–20 under 35 U.S.C. § 103(a) for the reasons set forth in the Appeal Brief and below. As set forth above, independent claims 1 and 11 each require the tension fibers in the tension layer of the leather cushion back covering material to have a melting temperature lower than the melting temperature of the stabilization fibers in the stabilization layer of the material. Claims 1 and 11 also require the adhesive of the first adhesive layer to have a melt temperature below that of the tension fibers. The Examiner finds that Covelli discloses bonded fabric constructions that comprise a first substrate (stabilization layer) comprising a first fabric layer (stabilization fibers with a melting temperature) secured via an adhesive or elastomeric polymer film (second adhesive layer) to a second substrate (tension layer) comprising a second fabric layer (tension fibers with a melting temperature). Final Act. 2, 5 (citing Covelli ¶¶ 7–9). The Examiner finds, “regarding the relationship between melt temperatures of the adhesive, tension fibers, and stabilization fibers,” that in view of Covelli’s disclosure of applying heat and pressure to the fabric constructions 2 Although the Examiner does not mention Coulson in the statement of the rejection on page 5 of the Final Action, the Examiner applies Coulson against the rejected claims on page 9 of the Final Action, and lists Coulson in the restatement of the rejection on page 5 of the Answer. Appeal 2017-003104 Application 13/479,414 5 that include porous elastomeric polymer films or adhesives and porous fabrics, one of ordinary skill in the art would have recognized that the films or adhesives would partially or completely impregnate the fabric of the fabric constructions. Final Act. 3, 6 (citing Covelli ¶ 85). The Examiner concludes that it would have been obvious to one of ordinary skill in the art at the time of Appellant’s invention “to adjust the temperature at which each layer melts for the benefit of optimizing the interaction between the films and/or fabrics and which film or fabric melts thereby impregnating the other films or fabrics.” Final Act. 3, 6; Ans. 13. The Examiner further concludes that “the skilled artisan would have known to adjust the temperature of the adhesive layer below that of the two fabrics, so the adhesive impregnates both fabrics it is supposed to hold together.” Final Act. 3, 6–7; Ans. 13–14. Covelli discloses laminates that include fabric layers bonded by elastomeric polymeric films or adhesives. ¶¶ 40, 60, 64–66, 79. Covelli discloses producing the laminates by selecting materials for the fabric layers, placing elastomeric polymeric films or adhesives (which may be dispersions) adjacent to or between the fabric layers, and applying heat and pressure to adhere the layers. ¶¶ 79, 81–85. Covelli discloses that because the films or adhesives and fabrics are porous materials, upon application of heat and pressure, the film or adhesive may partially or completely impregnate the fabric, which reasonably would have suggested that the melting temperature of the film or adhesive is below that of the fabric layers. Covelli ¶ 79, 85. However, the Examiner does not identify any disclosure in Covelli (or Coulson) that describes the melting temperature of fibers in different layers of a bonded fabric construction or laminate, or that describes any Appeal 2017-003104 Application 13/479,414 6 relationship between the melting temperatures of fibers in different layers of a bonded fabric construction or laminate. The Examiner also does not articulate reasoning having rational underpinning as to why one of ordinary skill in the art seeking to “optimiz[e] the interaction between the films and/or fabrics [in a laminate] and which film or fabric melts thereby impregnating the other films or fabrics” would have constructed the laminate such that fibers of a tension layer would have a melting temperature lower than that of fibers in a stabilization layer, as recited in claims 1 and 11. Final Act. 3, 6; Ans. 13. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) (“[R]ejections on obviousness grounds cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.”) Accordingly, the Examiner fails to establish that the combined disclosures of Covelli and Coulson would have suggested a leather cushion back covering material in which tension fibers in a tension layer of the material have a melting temperature lower than the melting temperature of stabilization fibers in a stabilization layer of the material, as required by claims 1 and 11. It follows that the Examiner fails to establish a prima facie case of obviousness of the subject matter recited in claims 1 and 11 within the meaning of 35 U.S.C. § 103(a). In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992) (“[T]he examiner bears the initial burden, on review of the prior art or on any other ground, of presenting a prima facie case of unpatentability”) We accordingly do not sustain the Examiner’s rejections of claims 1, 2, 4–12, and 14–20 under 35 U.S.C. § 103(a). Appeal 2017-003104 Application 13/479,414 7 DECISION We reverse the Examiner’s rejections of claims 1, 2, 4–12, and 14–20 under 35 U.S.C. § 103(a). REVERSED Copy with citationCopy as parenthetical citation