DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on March 17, 2026 has been entered.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3, 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Compressed sponge cloth card, September 13, 2015, China Wholesale Town Supplier,
https://web.archive.org/web/20150913235832/http://www.chinawholesaletown.com/wholesale-Compressed-Sponge-Cloth-Card/ in view Stoffer, US Patent 2865283, US Patent 7189667 to Mans et al. and US 4024656 to Farnsworth.
Regarding claim 1, China Wholesale teaches a compressed sponge cloth card a card comprising: a liquid absorptive sponge cloth forming a first panel and a second panel; a fold line defined between the first panel and the second panel, wherein the sponge cloth is semi-rigid when substantially dry and is non-rigid upon saturation with liquid water, and wherein the sponge cloth has a maximum tensile strength of at least 2.66 lbs./in when wet, wherein the card is a greeting card. The examiner takes Official Notice that sponge cloths are known to be semi-rigid when substantially dry and is non-rigid upon saturation with liquid water.
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China Wholesale does not teach the fold line comprises perforations, the sponge cloth is semi-rigid when substantially dry and is non-rigid upon saturation with liquid water, or the sponge cloth having a maximum tensile strength of at least 2.66lbs/in when wet.
Stoffer teaches sponge cloth comprising: a liquid absorptive sponge cloth (single sponge sheet 5) forming a first panel (7) and a printed communication (4) on a first surface of the first panel, wherein the sponge cloth (5) is semi-rigid when substantially dry (when compressed dry the sponge cloth has a boardlike or relatively stiff character although somewhat flexible) and is non-rigid upon saturation with liquid water, (see column 1, lines 27-29 and column 2, lines 27-39). Stoffer also teaches a fold line defined between the first panel 7 and the second panel 8.
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Mans et al. teaches a sponge towel/sponge cloth based on cellulose (abstract) having a maximum tensile strength of at least 2.66 lbs./in when wet. Mans et al. teaches the sponge towel/cloth has a wet ultimate tensile stress strength of 25 N/15mm or 9.52 lbs./in. (See table, column 5). Mans et al. also teaches the sponge towel/cloth maybe made with or without printing. (See column 5, line 11-15).
Farnsworth teaches a greeting card comprising a first panel (front panel 12), a second panel (back panel 13) and a fold line (11) between the first and second panels, wherein the fold line comprises perforations (abstract and column 2, lines 30-37).
Although it is known for sponge cloths to be semi-rigid when substantially dry and is non-rigid when wet, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the sponge cloth card taught by China Wholesale to be semi-rigid/stiff when substantially dry and is non-rigid when wet as taught by Stoffer with a reasonable expectation of success to provide a means to compress the sponge cloth for transportation and/or storage.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the sponge cloth card taught by China Wholesale having a maximum tensile strength of at least 2.66 lbs./in when wet as taught by Mans et al. to produce a sponge cloth having a high mechanical stability and better breaking strength than other sponge cloths, a sponge cloth capable of absorbing and retaining a large amount of water and a sponge which is generally naturally degradable. (See column 2, line 65 - column 3, lines 1-2 and column 3, lines 10-15).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct fold line of the sponge cloth card taught by China Wholesale with perforations as taught by Farnsworth with a reasonable expectation of success to provide a means to separate the first and second panels.
Regarding claim 3, Stoffer teaches the fold line comprising a crease. (See figure 3). China Wholesale also teaches the fold line comprising a crease.
Regarding claim 7, Mans et al. teaches the sponge cloth comprising cellulose and cotton fibers. (See column 1, lines 14-33).
Regarding claims 8, China Wholesale does not disclose a sponge cloth being configured to absorb at least 0.15 or 020 quarts/ft2.
Mans teaches a sponge towel/cloth configured to absorb 5.4 I/m² or 0.53 quart/ft². See chart in column 5.
It would have been obvious to one having ordinary skills in the art before the effective filing date to the claimed invention to construct the sponge cloth with taught by China Wholesale with an absorbance of at least 0.15 or .020 quarts/ft2 as taught by Mans to provide a means to increase the absorbency of the cloth, since it has been held that discovering an optimum value of a result effective variable involve only routing skill in the art and to provide a means to absorb a large amount of water. (See column 3, lines 12-15).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Compressed sponge cloth card, September 13, 2015, China Wholesale Town Supplier, https://web.archive.org/web/20150913235832/http://www.chinawholesaletown.com/wholesale-Compressed-Sponge-Cloth-Card/ in view Stoffer, US Patent 2865283, US Patent 7189667 to Mans et al. and US 4024656 to Farnsworth as applied to claim 1 above, and in further view of Kim, US Patent Application Publication 2005/0091886 or Mirza, US Patent 6347471 or Brunt, II, US Patent 5470301.
Regarding claim 6, China Wholesale does not teaches a fold or score line defined by a line of compression.
Brunt teaches accordion like pleats or compression scores lines (See column 2, lines 35-38 and column 4, lines 55-62).
Mirza teaches compression areas used to form fold lines (See column 2, lines 46-48 and column 3, lines 38-47).
Kim teaches fold lines can be made by compression paper or base material (See abstract and ¶0068). It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the fold lines of the sponge cloth taught by China Wholesale by compressing a line between adjacent panels as taught by Kim, Mirza or Brunt as permanent or memorized fold line.
Claims 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Stoffer, US Patent 2865283 in view of in view of US Patent 7189667 to Mans et al. and US Patent 7124465 to Kaminstein.
Regarding claim 17, Stoffer teaches sponge cloth comprising: a liquid absorptive sponge cloth 5 forming a first panel 7 and a printed communication 4 on a first surface of the first panel, wherein the sponge cloth 5 is semi-rigid when substantially dry and is non-rigid upon saturation with liquid water. (See column 1, lines 15-22, column 2, lines 18-26 and 40-49). Stoffer also teaches a fold line defined between the first panel 7 and the second panel 8.
Stoffer not teach sponge cloth having an opening with a slit or the sponge cloth having a maximum tensile strength of at least 2.66 lbs./in when wet.
Mans et al. teaches a sponge towel/sponge cloth based on cellulose (abstract) having a maximum tensile strength of at least 2.66 lbs./in when wet. Mans et al. teaches the sponge towel/cloth has a wet ultimate tensile stress strength of 25 N/15mm or 9.52 lbs./in. (See table, column 5). Mans et al. also teaches the sponge towel/cloth maybe made with or without printing. (See column 5, line 11-15).
Kaminstein teaches multi-layered hanging cleaning sponge comprising a liquid absorptive sponge 10 forming a first panel having a first edge and an opening 12 through the first panel, wherein the opening 12 has a main portion that is configured to receive a structure and a slit portion 30 that extends from the first edge to the main portion.
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the sponge cloth taught by Stoffer having a maximum tensile strength of at least 2.66 lbs./in when wet as taught by Mans et al. to produce a sponge cloth having a high mechanical stability and better breaking strength than other sponge cloths, a sponge cloth capable of absorbing and retaining a large amount of water and a sponge which is generally naturally degradable. (See column 2, line 65 – column 3, lines 1-2 and column 3, lines 10-15).
In addition, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the sponge cloth taught by Stoffer with an opening as taught by Kaminstein to provide a means to hang the sponge cloth for storage and/or to dry.
Regarding claim 18, Kaminstein teaches the hanger is a door hanger and the main portion of the opening is configured to receive a door handle.
Regarding claim 19, Kaminstein teaches the hanger is a product hanger and the main portion of the opening is configured to receive a portion of a product.
Regarding claim 20, Stoffer discloses the claimed invention except the sponge cloth being configured to absorb at least 0.15 or 020 quarts/ft2.
Mans teaches the sponge towel/cloth is configure to absorb 5.4 l/m2 or 0.53 quart/ft2.
It would have been obvious to one having ordinary skills in the art before the effective filing date to the claimed invention to construct the sponge cloth taught by Stoffer with an absorbance of at least 0.15 or .020 quarts/ft2 as taught by Mans since it has been held that discovering an optimum value of a result effective variable involve only routing skill in the art and to provide a means to absorb a large amount of water. (See column 3, lines 12-15).
Regarding claim 21, although Stoffer does not teach the printed communication is one or more in the group consisting of: a drawing, a greeting, an invitation, and a well-wish. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to provide the sponge cloth taught by Stoffer any suitable indicia to provide a means to covey any desired message to the viewer. Patentable novelty cannot be principally predicated on mere printed matter and arrangements thereof, but must reside basically in physical structure. In re Montgomery, 102 USPQ 248 (CCPA 1954). “Where the only difference between a prior art product and a claimed product is printed matter that is not functionally related to the product, the content of the printed matter will not distinguish the claimed product from the prior art. In re Ngai, 367 F.3d 1336, 1339, 70 USPQ2d 1862, 1864 (Fed. Cir. 2004). (See MPEP 2112.01).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Compressed sponge cloth card, September 13, 2015, China Wholesale Town Supplier, https://web.archive.org/web/20150913235832/http://www.chinawholesaletown.com/wholesale-Compressed-Sponge-Cloth-Card/ in view US Patent 2865283 to Stoffer, US Patent 7189667 to Mans et al. and US 4024656 to Farnsworth as applied to claim 1 above, and in further view of US 2323653 to Fowler, Jr. (Fowler).
Regarding claim 22, China Wholesale does not teach a piece of paper coupled to at least one of the first panel and the second panel.
Fowler teaches a folded greeting card (13) comprising a first panel (14), second panel (15), and a fold line 18 between the first and second panel. Fowler also teaches a pieces of paper (marker 1) coupled to at least one of the first panel and the second panel and an envelope (22).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct compressed sponge cloth card taught by China Wholesale with a paper marker as taught by Fowler with a reasonable expectation of success to provide a means to convey information about the card.
Claims 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Compressed sponge cloth card, September 13, 2015, China Wholesale Town Supplier,
https://web.archive.org/web/20150913235832/http://www.chinawholesaletown.com/wholesale-Compressed-Sponge-Cloth-Card/ in view Stoffer, US Patent 2865283, Mans et al., US Patent 7189667 and US 4024656 to Farnsworth.
Regarding claim 23, China Wholesale teaches a compressed sponge cloth card a card comprising: a liquid absorptive sponge cloth forming a first panel and a second panel; a fold line defined between the first panel and the second panel, wherein the fold line comprises perforations, wherein the sponge cloth is semi-rigid when substantially dry and is non-rigid upon saturation with liquid water, and wherein the sponge cloth has a maximum tensile strength of at least 2.66 lbs./in when wet, wherein the card is a greeting card.
China Wholesale does not teach the sponge cloth is semi-rigid when substantially dry and is non-rigid upon saturation with liquid water, the sponge cloth having a maximum tensile strength of at least 2.66lbs/in when wet, or an envelope.
Stoffer teaches sponge cloth comprising: a liquid absorptive sponge cloth (single sponge sheet 5) forming a first panel (7) and a printed communication (4) on a first surface of the first panel, wherein the sponge cloth (5) is semi-rigid when substantially dry and is non-rigid upon saturation with liquid water, (see column 1, lines 27-29 and column 2, lines 27-39). Stoffer also teaches a fold line defined between the first panel 7 and the second panel 8.
Mans et al. teaches a sponge towel/sponge cloth based on cellulose (abstract) having a maximum tensile strength of at least 2.66 lbs./in when wet. Mans et al. teaches the sponge towel/cloth has a wet ultimate tensile stress strength of 25 N/15mm or 9.52 lbs./in. (See table, column 5). Mans et al. also teaches the sponge towel/cloth maybe made with or without printing. (See column 5, line 11-15).
Fowler teaches a folded greeting card (13) comprising a first panel (14), second panel (15), and a fold line 18 between the first and second panel. Fowler also teaches a pieces of paper (marker 1) coupled to at least one of the first panel and the second panel and an envelope (22).
Although it is known for sponge cloths to be semi-rigid when substantially dry and is non-rigid when wet, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct sponge cloth card taught by China Wholesale to be semi-rigid/stiff when substantially dry and is non-rigid when wet as taught by Stoffer with a reasonable expectation of success to provide a means to compress the sponge cloth for transportation and/or storage.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the sponge cloth card taught by China Wholesale having a maximum tensile strength of at least 2.66 lbs./in when wet as taught by Mans et al. to produce a sponge cloth having a high mechanical stability and better breaking strength than other sponge cloths, a sponge cloth capable of absorbing and retaining a large amount of water and a sponge which is generally naturally degradable. (See column 2, line 65 - column 3, lines 1-2 and column 3, lines 10-15).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct sponge cloth card taught by China Wholesale with envelope as taught by Fowler with a reasonable expectation of success to provide a means to protect the card until time of use.
Regarding claim 24, China Wholesale does not teach a piece of paper coupled to at least one of the first panel and the second panel.
Fowler teaches a folded greeting card (13) comprising a first panel (14), second panel (15), and a fold line 18 between the first and second panel. Fowler also teaches a pieces of paper (marker 1) coupled to at least one of the first panel and the second panel and an envelope (22).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct compressed sponge cloth card taught by China Wholesale with a paper marker as taught by Fowler with a reasonable expectation of success to provide a means to convey information about the card.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Compressed sponge cloth card, September 13, 2015, China Wholesale Town Supplier,
https://web.archive.org/web/20150913235832/http://www.chinawholesaletown.com/wholesale-Compressed-Sponge-Cloth-Card/ in view Stoffer, US Patent 2865283, Mans et al., US Patent 7189667 as applied to claim 23 above and in further view of US 4024656 to Farnsworth.
Regarding claim 25, China Wholesale does not teach the fold line comprising perforations.
Farnsworth teaches a greeting card comprising a first panel (front panel 12), a second panel (back panel 13) and a fold line (11) between the first and second panels, wherein the fold line comprises perforations (abstract and column 2, lines 30-37).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct fold line of the sponge cloth card taught by China Wholesale with perforations as taught by Farnsworth with a reasonable expectation of success to provide a means to separate the first and second panels.
Allowable Subject Matter
Claims 4, 5, 10, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim 1, 3-8, 10, 17-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20230137994 to Wittig teaches a greeting card and washcloth.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631
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