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Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of Group I, claims 1, 3 and 5-7 in the reply filed on 12/4/25 is acknowledged. Because Applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 14-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/26/2020 was considered by the Examiner and is being remitted herewith.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation " wherein the super absorptive polymer is suitable to bind the hemp hurd and the at least one other material". There is insufficient antecedent basis for this limitation in the claim. Amended Claim 7, now depends from Claim 1, which does not include a super absorptive polymer, claim 6 does. Thus, claim 7 should depend from it or Claim 1 needs to be amended to include the super absorptive polymer.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3 and 5 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by WO 1999/057353 A1 issued to Pallesen.
Regarding Claim 1, where Applicant seeks a hemp hurd based nonwoven material comprising a portion of hemp hurd and a portion of at least one other material; wherein the at least one other material is a natural or synthetic fiber selected from the group consisting of. polyester, nylon, polyethylene, polypropylene, cotton, flax, jute, ramie, bicomponent fibers, wood pulp, and other fibrous materials; and wherein the nonwoven material comprises between 1% and 99% hemp hurd; Applicant is directed to the teachings of Pallesen who discloses a hemp hurd based nonwoven material [Abstract, fiber mat produced by a dry-forming process as the fibers are oriented randomly in the fiber mat, i.e. non-woven] and page 10, lines 9-14 [the fiber mat comprises shives from hemp] . Shives from hemp are equivalent to hemp hurds comprising a portion of hemp hurd Page 10 Lns. 9-14 fiber mat comprises a mixture of shives from flax or hemp shives from hemp are equivalent to hemp hurds) and a portion of at least one other material; wherein the material is a natural or synthetic fiber selected from the group consisting of: polyester, nylon, polyethylene, polypropylene, cotton, flax, jute, ramie, bicomponent fibers, wood pulp, and other fibrous materials [page 10, lines 9-14 where the instant reference teaches that the fiber mat comprises binders; page 7 lines 15-20 (binders may also be provided in the form of synthetic fibers, for example bi- component fibers consisting of polypropylene and polyethylene ...) and wherein the nonwoven material comprises between 1% and 99% hemp hurd see page 11 lines 1-4 (the fibers used includes hemp fibers admixed with up to 10% shives) page 10 lines 9-14 where finally the instant references teaches that the fiber mat comprises a mixture of shives from flax or hemp shives from hemp are equivalent to hemp hurds; See Also claim 8 the mat contains between 0 and 10 shives.
Regarding Claim 3, where Applicant seeks that the hemp hurd based nonwoven material of claim 1 produced by thermal or adhesive bonding or hydro entangling or needle punching; wherein heat is applied in the production method to melt or soften the at least one other material to form the nonwoven material; Applicant is directed to the instant reference at page 4, lines 8-11 where it teaches that the fibers are randomly oriented as the mat is formed by a dry forming process, and where the mat is fixed as inter-fiber bonds at least partially are established between the single fibers as these are more or less fibrillated. At page 7 lines 15-18 and page 10, lines 9-14 they further disclose that that the fiber mat comprises binders. The binders may also be provided in the form of synthetic fibers in such a situation the fixation of the sheet will take place by heating up to the melting temperature of the plastic, whereby inter-fiber bonds are established.
Regarding Claim 5, where Applicant seeks that the hemp hurd nonwoven material of claim 1, formed with a basis weight of 1 to 1000 grams per square meter; Applicant is directed to page 10 ,lines 4-6 where they teach that the formed fiber mats may be manufactured with compacting from gram weights of 30 g/m2 to gram weights of 3000 g/m2 or more.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 1999/057353 A1 issued to Pallesen as applied to claims 1, 3 and 5 above, and further in view of USPN 7,399,813B2 issued to Lang et al.
Pallesen teach what is set forth above and even provide the latitude of incorporating absorbent fibers. They do not however teach the limitations as sought in claims 6 and 7. These are remedied by the teachings of Lang et al.
Regarding Claim 6, where Applicant seeks that the hemp hurd nonwoven material of claim 1 further comprising a super absorbent polymer; Applicant is directed to Pallesen who discloses an absorptive material comprising a fibrous nonwoven mats used to make absorbing articles such as sanitary tissues, napkins, tissue paper comprising a percentage of hemp hurd, binders (synthetic fibers or organic binders) and shives from flax or hemp, wood fibers and a percentage of an additional vegetative cellulosic material. The fiber mat formed by a method according to the invention may contain up to 100% flax fibers or hemp fibers) and at least one further material, wherein the at least one further material is a polymer.
Pallesen fails to explicitly disclose wherein the at least one further material is a super absorbent polymer. This is remedied by the teachings of Lang et al who create absorbent products using superabsorbent binder polymer compositions for absorbent products [see Lang et al., Abstract; Col. 13 Lines 26-40]. Lang et al teach that the at least one further material is a super absorbent polymer [Lang, Col. 5 lines 29-41 superabsorbent binder polymer; Col. 10 Line 66 through Col. 11 Line 3] (the flexible superabsorbent binder polymer composition of the present invention may be applied to a substrate, such as for the purpose of adhering various components of an absorbent product to one another during the manufacturing process of absorbent products).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the teachings of Pallesen to include one further material which is a super absorbent polymer as taught by Lang. One would have been motivated to do so to provide an absorbent product with improved absorbent capacity (Lang, Col. 13 Lns. 26-40).
Regarding Claim 7, where Applicant seeks that the hemp hurd nonwoven material of claim 1, wherein the super absorptive polymer is suitable to bind the hemp hurd and the at least one other material; Applicant is directed to Pallesen modified by Lang et al.
Lang is in the field of superabsorbent binder polymer compositions for absorbent products (Lang, Abstract; Col. 13 Lns. 26-40), and teaches the super absorptive polymer (Lang, Col. 5 lines 29-41 superabsorbent binder polymer; Col. 10 Line. 66 through Col. 11 Line 3 The flexible superabsorbent binder polymer composition of the present invention may be applied to a substrate, such as for the purpose of adhering various components of an absorbent product to one another during the manufacturing process of absorbent products). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Pallesen to use a super absorptive polymer as a binder as taught by Lang. The motivation would have been to provide an absorbent product with improved absorbent capacity (Lang, Col. 13 Lines. 26-40).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 3009551issued to Schneider et al. Schneider discloses a hemp based nonwoven material [¶ 0008], a mixed fiber hemp shives mixture nonwoven fabric comprising between 1 and 100% of hemp fibers [¶ 0015] the fibers can be processed into nonwoven materials via air laid, carding, and wet laid, and bonded via hydroentanglement, needle punching or adhesive bonding [¶ 0034], This cover nonwoven fabric can be made by a wet-laid process or the air laid process of hemp short fibers, as well as the use of a solidified by carding and by needle punching or water jets cover nonwoven fabric possible. [¶¶ 0067]-[0072]:[0075]. Schneider discloses the hemp material further comprising at least a second material [¶ 0051], said second material in a quantity of between 1 and 99% total weight of the nonwoven material [¶ 0051], 80% hemp fiber flakes 151 and 20% binder fiber flakes 152 may be supplied to the mixing device 15). Schneider et al. disclose the second material [¶ 0051], 80% hemp fiber flakes 151 and 20% binder fiber flakes 152 may be supplied to the mixing device 15) is selected from the group consisting of: polyester, nylon, polyethylene, polypropylene, cotton, flax, jute, ramie, and other fibrous materials, or combinations thereof [¶ 0048].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arti R Singh-Pandey whose telephone number is (571)272-1483. The examiner can normally be reached Monday-Thursday 8:30-5:00 .
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp