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 .
Status of Claims
Claims 1-2, 4-7, 11-15, and 19-24 are currently pending. Claims 3, 8-10, and 16-18 are cancelled. Claims 1 and 15 are currently amended. No new subject matter added.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretations using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. In regards to the phrases “less than about…” or “greater than about…” based on the methods clearly laid out in the Specification, it is clear to one skilled in the art where the metes and bounds of the ranges lie, i.e. Caliper Test, Compression test, etc.
Response to Arguments
Applicant's arguments filed 03/12/2026 have been fully considered but they are not persuasive.
Specifically, Applicant argues in claims 1 and 15 that Ashraf, alone or in combination with any other of the prior art would fail to read on the limitation “wherein each aperture in the plurality of clustered apertures is separated by a distance no greater than 3 mm, wherein each of the plurality of clustered apertures is separated from another plurality of clustered apertures by a distance of greater than 10 mm”. The applicant states that “the fact that a certain result or characteristics may occur or be present in the prior art is not sufficient to established the inherency of that result or characteristic”.
The examiner respectfully disagrees that Ashraf fails to teach the plurality of clustered apertures being separated by a distance no greater than 3 mm and wherein each of the plurality of clustered apertures is separated from another plurality of clustered apertures by a distance of greater than 10 mm. As described above, Paragraph [0217] of Ashraf states “the three-dimensional shaped nonwoven fabrics or layers thereof may have apertures that have an Average Interaperture Distance of less than about 3 mm. Ashraf also discloses wherein each of the plurality of clustered apertures is separated from another plurality of clustered apertures by a distance of greater than 10 mm (aperture arrays 193 are separated by continuous, inter-connected land area patterns 195, see Figure 42, Paragraph [0208]; some of the three-dimensional shaped nonwoven fabrics may have land area widths range up to about 15 mm, see Paragraph [0223]). Therefore, Ashraf would still read on the spacing between a plurality of clustered aperture, as claimed in claims 1, 7, and 15.
Specifically, Applicant argues that Ashraf is silent with respect to the ratio of the first caliper to the second caliper and the airy index. Applicant further states that using “it is likely that ratio of the first caliper to the second caliper and the airy index would be in the same range” are mere conclusionary statements and would require articulated reasoning with some rational underpinning.
The examiner respectfully disagrees that the rejection of Ashraf would fail to read on the limitations and that the limitations are rejected by merely conclusionary statements. The claim requires “that ratio of the first caliper to the second caliper is at least about 1.35 and the airy index is no less than about 270%”. The rejection points a nonwoven substate with apertures distributed in same pattern as shown in the applicants disclosure (Paragraphs [0208], [0217]; and Figure 42). Ashraf teaches a nonwoven substrate with apertures similarly distributed in similar array pattern would be reasonable to have the same ratio of the first caliper to the second caliper and the airy index of applicant’s invention.
Specifically, Applicant argues that the claimed aperture pattern is a critical feature and that can rebut a prima facie case of obviousness by showing that the claimed variable was not recognized in the prior art to be a result-effective variable.
The examiner disagrees with the applicant because the examiner is not modifying or optimizing the aperture pattern in Ashraf. Paragraphs [0208], [0217]; and Figure 42 of Ashraf clearly shows the aperture pattern required by the claim. The examiner is providing reasonable rationale of why it is likely for a nonwoven substrate with apertures similarly distributed in similar array pattern to have the same ratio of the first caliper to the second caliper and the airy index of applicant’s invention. Therefore, Claim 1 and 15 remain rejected in view of Ashraf.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4-7, 11-14, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Ashraf et al. (US 20180214321 A1), hereinafter referred to as “Ashraf” in view of Rosati et al. (US 20180071156 A1), hereinafter referred to as “Rosati”, in further view of Orr et al. (US 20160074254 A1), hereinafter referred to as “Orr” and as evidence by https://www.xometry.com/resources/materials/polypropylene-vs-polyethylene/).
Regarding Claim 1, Ashraf teaches an apertured nonwoven substrate (apertured material (152) that may comprise the materials for the variable basis weight, three-dimensional shaped nonwoven fabrics described herein, see Paragraph [0186]-[0230]) (see Figures 31-49) comprising:
a first area having a first caliper (the land area patterns (195) having no apertures, see Figure 42); and
a second area comprising a plurality of clustered apertures (aperture arrays (193), see Figure 42), wherein each aperture in the plurality of clustered apertures is separated by a distance no greater than 3 mm (the three-dimensional shaped nonwoven fabrics or layers thereof may have apertures that have an Average Interaperture Distance of less than about 3 mm, see Paragraph [0217]), wherein each of the plurality of clustered apertures is separated from another plurality of clustered apertures by a distance of greater than 10 mm (aperture arrays 193 are separated by continuous, inter-connected land area patterns 195, see Figure 42, Paragraph [0208]; some of the three-dimensional shaped nonwoven fabrics may have land area widths range up to about 15 mm, see Paragraph [0223]), the second area having a second caliper (the aperture arrays (193) having a second caliper or thickness),
wherein the apertured nonwoven substrate comprises a plurality of fibers (multi-component fibers, see Paragraph [0190]),
wherein the plurality of fibers comprises bicomponent fibers having a sheath and a core (bicomponent fibers of the present disclosure may be formed of a polypropylene core and a polyethylene sheath, see Paragraph [0190]), wherein the core comprises a first resin (polypropylene core, see Paragraph [0190]; polypropylene is a type of thermoplastic polymer resin) and the sheath comprises a second thermoplastic resin (polyethylene sheath, see Paragraph [0190]; polyethylene being a resin), wherein the sheath has a melting point of at least about 20 degrees C lower than the core (polyethylene has melting temperature of 110-120 degrees C and polypropylene has a melting temperature of 163.8 degrees C, as evidence by Xometry), and
wherein the bicomponent fibers comprise at least about 50% by weight of the plurality of fibers (The filaments can comprise from about 40% to about 60% by weight polyethylene and from about 60% to about 40% by weight polypropylene, see Paragraph [0132]).
Ashraf does not disclose wherein a ratio of the first caliper to the second caliper is at least about 1.35 as measured according to Caliper Test. However, Ashraf discloses a nonwoven substrate with apertures distributed in a similar array pattern, as shown in the current application (see Figure 42) and being made from similar biocomponent fiber materials (see Paragraph [0189]-[0190]); the nonwoven fibers are fused and lofted like that of the current invention (see Figures 31-49, Paragraph [0186]-[0230]), it is likely that the caliper at the apertured region would be related to the unapertured region by a ratio of 1.35 as described in the current invention.
Ashraf also does not disclose wherein the first area has an airy index no less than about 270%. However, Ashraf does not disclose caliper ratio or airiness, but because Ashraf discloses a nonwoven substrate made from similar materials and having similar structures as the current invention, it is likely that the relative caliper and airiness would be in the same range as the claimed invention.
Ashraf teaches all of the limitations as disclosed above. However, Ashraf does not explicitly disclose wherein the bicomponent fibers have a denier of from about 0.5 to about 6.
Rosati teaches a liquid permeable substrate for an absorbent article (see Abstract) comprising a first and a second layer of fibers (see Paragraph [0101]), wherein the bicomponent fibers or other fibers that make up the first and/or second layers may have a denier in the range of about 0.5 to about 6 (see Paragraph [0102]).
Ashraf and Rosati are analogous art because both teach a three-dimensional shaped nonwoven fabric.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the apertured nonwoven substrate of Ashraf and further include the fibers to have a denier in the range of about 0.5 to about 6, as taught by Rosati. Rosati teaches the use of smaller fibers (smaller denier) on the first layer may provide softness and soft glide touch (see Paragraph [0103]).
Ashraf and Rosati teaches all of the limitations, as discussed above. However, Ashraf and Rosati do not explicitly disclose wherein the nonwoven substrate comprises protrusions, the protrusion having a higher caliper than the first caliper in the first area.
Orr teaches nonwoven materials (30) having discrete three-dimensional deformations therein forming protrusions (32) that extend outward from the first surface of the nonwoven material (see Abstract; Figures 5 and 27), the protrusion having a higher caliper than the first caliper in the first area (protrusions have a higher caliper than the area without protrusions, see Figures 5 and 27).
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the nonwoven material of Modified Ashraf and further include protrusion, as taught by Orr. Orr teaches a need exists for improved nonwoven materials having three-dimensional features formed therein to provide improved softness and dryness, as well as a visual signal of softness and dryness (see Paragraph [0003]).
Regarding Claim 2, Ashraf and Rosati teach all of the limitations of claim 1 and Ashraf further teaches wherein the first area has a recovery airy index no less than about 160% (as explained above for claim 1, since Ashraf discloses a nonwoven made from similar materials and having similar structures as the current invention, it is more likely than not that the Ashraf invention exhibits the first area having a recovery airy index no less than about 160%).
Regarding Claim 4, Ashraf and Rosati teach all of the limitations of claim 1 and Ashraf further teaches wherein the second area comprises at least one aperture having at least three adjacent apertures (aperture array (193) has at least three adjacent apertures, see Figure 42), wherein the one aperture and each of the at least three adjacent apertures has an edge-to-edge space no greater than about 3mm (the apertures array (193) are formed in arrays have very small distances in between each apertures Figure 42).
Regarding Claim 5 Ashraf and Rosati teach all of the limitations of claim 1 and Ashraf further teaches wherein the nonwoven substrate has a compression work no less than about 700gfxmm, as measured according to Compression Property Test (as explained above for claim 1, since Ashraf discloses a nonwoven made from similar materials and having similar structures as the current invention, it is more likely than not that the Ashraf invention exhibits that compression work of the nonwoven material in Ashraf would be in the same range as the current invention).
Regarding Claim 6, Ashraf and Rosati teach all of the limitations of claim 1 and Ashraf further teaches wherein the nonwoven substrate has a basis weight in the range of about 15gsm to about 75gsm (the nonwoven substrate has a variable basis weight, see Paragraph [0209]) (the variation of weight of the nonwoven material is between 14gsm to 79gsm, see Figure 29).
Regarding Claim 7, Ashraf teaches a relofted apertured nonwoven substrate (heated apertured material (152) that may comprise the materials for the variable basis weight, three-dimensional shaped nonwoven fabrics described herein, see Paragraph [0186]-[0230]) (see Figures 31-49) comprising:
a first area comprising no aperture (the land area patterns (195) having no apertures, see Figure 42); and
a second area comprising a plurality of clustered apertures (aperture arrays 193), wherein each of the plurality of clustered apertures comprises from about 4 to about 10 apertures (apertures 192 are shown to be arranged in various patterns, see Paragraph [0208]; for example one of the aperture arrays 193 in Figure 42 shows a heart pattern with 6 clustered apertures, Figure 45 also shows an aperture array of 6 clustered apertures), wherein each of the from about 4 to about 10 apertures are separated by a distance no greater than 3 mm (the three-dimensional shaped nonwoven fabrics or layers thereof may have apertures that have an Average Interaperture Distance of less than about 3 mm, see Paragraph [0217]),
wherein each of the plurality of clustered apertures are separated by a distance of greater than 10 mm (aperture arrays 193 are separated by continuous, inter-connected land area patterns 195, see Figure 42, Paragraph [0208]; some of the three-dimensional shaped nonwoven fabrics may have land area widths range up to about 15 mm, see Paragraph [0223]),
wherein the first area has a first caliper (the land area patterns 195 having no apertures, see Figure 42) and the second area has a second caliper (apertures arrays 193, see Figure 42);
wherein the relofted apertured nonwoven substrate comprises a plurality of fibers (multi-component fibers, see Paragraph [0190]),
wherein the plurality of fibers comprises bicomponent fibers having a sheath and a core (bicomponent fibers of the present disclosure may be formed of a polypropylene core and a polyethylene sheath, see Paragraph [0190]), wherein the core comprises a first resin (polypropylene core, see Paragraph [0190]; polypropylene is a type of thermoplastic polymer resin) and the sheath comprises a second thermoplastic region (polyethylene sheath, see Paragraph [0190]), wherein the sheath has a melting point of at least about 20 degrees C lower than the core (polyethylene has melting temperature of 110-120 degrees C and polypropylene has a melting temperature of 163.8 degrees C, as evidence by Xometry),
wherein the bicomponent fibers comprise at least about 50% by weight of the plurality of fibers (The filaments can comprise from about 40% to about 60% by weight polyethylene and from about 60% to about 40% by weight polypropylene, see Paragraph [0132]).
However, Ashraf does not explicitly disclose wherein a ratio of the first caliper to the second caliper is at least about 1.35 as measured according to Caliper Test. However, Ashraf discloses a nonwoven substrate with apertures distributed in a similar array pattern, as shown in the current application (see Figure 42) and being made from similar biocomponent fiber materials (see Paragraph [0189]-[0190]); the nonwoven fibers are fused and lofted like that of the current invention (see Figures 31-49, Paragraph [0186]-[0230]), it is likely that the caliper at the apertured region would be related to the unapertured region by a ratio of 1.35 as described in the current invention.
Ashraf also does not disclose wherein the first area has an airy index no less than about 270%. However, Ashraf does not disclose caliper ratio or airiness, but because Ashraf discloses a nonwoven substrate made from similar materials and having similar structures as the current invention, it is likely that the relative caliper and airiness would be in the same range as the claimed invention.
Ashraf teaches all of the limitations as disclosed above. However, Ashraf does not explicitly disclose wherein the bicomponent fibers have a denier of from about 0.5 to about 6.
Rosati teaches a liquid permeable substrate for an absorbent article (see Abstract) comprising a first and a second layer of fibers (see Paragraph [0101]), wherein the bicomponent fibers or other fibers that make up the first and/or second layers may have a denier in the range of about 0.5 to about 6 (see Paragraph [0102]).
Ashraf and Rosati are analogous art because both teach a three-dimensional shaped nonwoven fabric.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the apertured nonwoven substrate of Ashraf and further include the fibers to have a denier in the range of about 0.5 to about 6, as taught by Rosati. Rosati teaches the use of smaller fibers (smaller denier) on the first layer may provide softness and soft glide touch (see Paragraph [0103]).
Regarding Claim 11, Modified Ashraf teaches all of the limitations as discussed above in claim 8 and Ashraf further teaches wherein fibers in peripheries of the plurality of apertures are more compressed and heat-fused than the fibers in the first area (apertures can be formed from over bonds or densified and weakened areas, see Paragraph [0191]).
Regarding Claim 12, Modified Ashraf teaches all of the limitations as discussed above in claim 8 and Ashraf further teaches an absorbent article (diaper (220), see Figure 49) comprising a liquid pervious topsheet (224), a liquid impervious backsheet (225), an absorbent structure disposed between the topsheet and the backsheet (228), and wherein the topsheet is the relofted apertured nonwoven substrate according to claim 7 (the three-dimensional nonwoven fabrics 10 of the present disclosure, as well as the apertured material 152 described above, can be utilized as a component of absorbent articles, such as diapers, see Paragraph [0224]).
However, Modified Ashraf wherein the absorbent article has a rewet at 0.1 psi/g for 6 mL of less than 0.025.
However, Ashraf discloses a nonwoven substrate with apertures distributed in a similar array pattern, as shown in the current application (see Figure 42) and being made from similar biocomponent fiber materials (see Paragraph [0189]-[0190]); the nonwoven fibers are fused and lofted like that of the current invention (see Figures 31-49, Paragraph [0186]-[0230]), it is likely that the absorbent article has a rewet at 0.1 psi/g for 6 mL of less than 0.025 as described in the current invention.
Regarding Claim 13, Modified Ashraf teaches all of the limitations as discussed above in claim 12 and Ashraf further teaches wherein the topsheet comprises the relofted apertured nonwoven substrate (the topsheet may be formed of a portion of, or all of, one or more of the three-dimensional nonwoven materials described in claim 7, see Paragraph [0232]).
Regarding Claim 14, Modified Ashraf teaches all of the limitations as discussed above in claim 12 and Ashraf further teaches wherein the backsheet comprises the relofted apertured nonwoven substrate (the absorbent article may comprise a backsheet comprising an outer cover nonwoven which may be formed of the high loft, three-dimensional nonwoven materials described in claim 7, see Paragraph [0237]).
Regarding Claim 21, Ashraf and Rosati teach all of the limitations of claim 1 and Ashraf further teaches wherein the nonwoven substrate is a carded air-through nonwoven substrate (the three-dimensional features of the nonwoven fabric 10 can be formed by depositing, such as by carding, see Paragraph [0111]; through-air thermal bonding may be another approach to create higher loft nonwoven structures which may be suitable for this application, see Paragraph [0151]; features illustrated or described in connection with one non-limiting form may be combined with the features of other non-limiting forms, see Paragraph [0094]).
Regarding Claim 22, Ashraf and Rosati teach all of the limitations of claim 1 and Ashraf further teaches wherein the nonwoven substrate comprises at least two layers comprising different fiber compositions (precursor material 152 may be a variable basis weight, three-dimensional shaped nonwoven fabric as one or more layers combined with one or more conventional nonwoven materials and/or films, see Paragraph [0088]; i.e. a bicomponent fibers formed of a polypropylene core and a polyethylene sheath, see Paragraph [0190]).
Regarding Claim 23, Ashraf and Rosati teach all of the limitations of claim 1 and Ashraf further teaches wherein the nonwoven substrate comprises at least two layers (precursor material 152 may be a variable basis weight, three-dimensional shaped nonwoven fabric as one or more layers combined with one or more conventional nonwoven materials and/or films, see Paragraph [0188]) comprising a unitary structure (152).
Claims 15, 19-20, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Ashraf et al. (US 20180214321 A1), hereinafter referred to as “Ashraf” in view of Deng et al. (US 20200190715 A1), hereinafter referred to as “Deng”.
Regarding Claim 15, Ashraf teaches a method for manufacturing an apertured nonwoven substrate (schematically illustrated at (151) one process for forming the variable basis weight, apertured, three-dimensional shaped nonwoven fabrics (152) of the present disclosure, see Figures 31-49) (see Paragraph [0186]-[0230]), comprising the steps of:
forming a plurality of apertures on a nonwoven web (precursor material 152 passes through a nip 156 of a weakening roller (or over bonding) arrangement 158 formed by rollers 160 and 162, thereby forming apertures in the precursor material 152. Therefore, the over bonds can correlate generally to patterns of apertures created in the precursor material 152, see Paragraph [191]; see Figure 31),
the nonwoven web comprising a first area comprising no apertures (the land area patterns (195) having no apertures, see Figure 42) and a second area comprising a plurality of clustered apertures (aperture arrays 193), wherein each of the plurality of clustered apertures comprises from about 4 to about 10 apertures (apertures 192 are shown to be arranged in various patterns, see Paragraph [0208]; for example one of the aperture arrays 193 in Figure 42 shows a heart pattern with 6 clustered apertures, Figure 45 also shows an aperture array of 6 clustered apertures), wherein each of the from about 4 to about 10 apertures are separated by a distance no greater than 3 mm (the three-dimensional shaped nonwoven fabrics or layers thereof may have apertures that have an Average Interaperture Distance of less than about 3 mm, see Paragraph [0217]), wherein each of the plurality of clustered apertures are separated by a distance of greater than 10 mm (aperture arrays 193 are separated by continuous, inter-connected land area patterns 195, see Figure 42, Paragraph [0208]; some of the three-dimensional shaped nonwoven fabrics may have land area widths range up to about 15 mm, see Paragraph [0223]),
wherein the first area has a first caliper (the land area patterns 195 having no apertures, see Figure 42) and the second area has a second caliper (apertures arrays 193, see Figure 42);
advancing the nonwoven including the plurality of apertures to a relofting unit (from the weakening roller arrangement 158, the material 152 can pass through a nip 170 formed by an incremental stretching system 172, see Figure 31);
applying heat to the nonwoven web to increase a temperature of the nonwoven web such that at least a portion of fibers of the nonwoven web soften and realign (the incremental stretching step or the cross machine directional stretching step described herein may be performed at elevated temperatures. For example, the material 152 and/or the rolls may be heated, see Paragraph [0204]), wherein
applying the heat (applying heating in the incremental stretching system 172, see Paragraph [0204]) to the nonwoven web increases bulkiness of the nonwoven web (utilizing heat in the stretching step may serve to soften the material, and may aid in extending the fibers without breaking, see Paragraph [0204])
wherein both a first side of the nonwoven substrate and a second side of the nonwoven substrate are heated (applying heating in the incremental stretching system 172, rolls 176 and 178 may be heated, see Paragraph [0196] and [0204]), and
wherein the second area has more compressed and heat-fused fibers than the first area, creating a local capillarity gradient (the nonwoven fabric may comprise one or more layered webs and/or gradient webs. The one or more layered webs and/or gradient webs may differ from each other based on one or more of surface energy, fiber diameter, and fiber crimp, see Paragraph [0123]).
However, Ashraf does not explicitly disclose wherein a ratio of the first caliper to the second caliper is at least about 1.35 as measured according to Caliper Test. However, Ashraf discloses a nonwoven substrate with apertures distributed in a similar array pattern, as shown in the current application (see Figure 42) and being made from similar biocomponent fiber materials (see Paragraph [0189]-[0190]); the nonwoven fibers are fused and lofted like that of the current invention (see Figures 31-49, Paragraph [0186]-[0230]), it is likely that the caliper at the apertured region would be related to the unapertured region by a ratio of 1.35 as described in the current invention.
Ashraf does not disclose wherein the first area has an airy index no less than about 270%. However, Ashraf does not disclose caliper ratio or airiness, but because Ashraf discloses a nonwoven substrate made from similar materials and having similar structures as the current invention, it is likely that the relative caliper and airiness would be in the same range as the claimed invention.
Ashraf teaches all of the limitations as taught above. However, Ashraf does not explicitly disclose wherein the relofting unit comprises a first radiation source and a second radiation source and a movable axis comprising an outer circumferential surface that is rotatable about an axis of rotation to be movable between a first position and a second position to place the nonwoven substrate in facing relationship with the first and second radiation sources;
directing a first length of the nonwoven substrate to advance in a first direction such that the first surface of the first length of the nonwoven substrate is in a facing relationship with the first radiation source;
irradiating the first surface of the first length of the nonwoven substrate, wherein the nonwoven substrate comprises a first caliper upstream of the first radiation source and wherein the nonwoven substrate comprises a second caliper downstream of the first radiation source, wherein the second caliper is higher than the first caliper;
directing a second length of the nonwoven substrate to advance in the first direction such that a first surface of the second length of the nonwoven substrate to be in a facing relationship with the second radiation source;
irradiating the first surface of the second length of the nonwoven substrate, wherein the nonwoven substrate comprises a third caliper upstream of the second radiation source and wherein the nonwoven substrate comprises a fourth caliper downstream of the second radiation source, wherein the fourth caliper is higher than the third caliper; and
applying a heating source to the nonwoven web to increase a temperature of the nonwoven web to temperatures ranging from about 70° C to about 110° C.
Deng teaches methods and apparatuses for relofting nonwoven substrates (see Abstract; see Figures 2 and 4), comprising a relofting unit (302) wherein the relofting unit comprises a first radiation source (304a) and a second radiation source (304b) and a movable axis (316) comprising an outer circumferential surface (320) that is rotatable about an axis of rotation (322) to be movable between a first position and a second position to place the nonwoven substrate in facing relationship with the first and second radiation sources (movable axis 316 may be movable from a first position to a second position to place the substrate 200 in position so as to be heated by the radiation sources 304, see Paragraph [0087]);
directing a first length of the nonwoven substrate to advance in a first direction such that the first surface of the first length of the nonwoven substrate is in a facing relationship with the first radiation source (a first length L1 of the first surface 202 of the substrate 200 is in a facing relationship with the first radiation source 304a, see Paragraph [0089]);
irradiating the first surface of the first length of the nonwoven substrate (the first radiation source 304a irradiates the first length L1 of the first surface 202 of the advancing substrate 200 with infrared radiation 306a, see Paragraph [0089]), wherein the nonwoven substrate comprises a first caliper upstream of the first radiation source (the substrate 200a upstream of the relofting apparatus 302 comprises a first caliper C1, see Paragraph [0089]) and wherein the nonwoven substrate comprises a second caliper downstream of the first radiation source (caliper of substrate 200 after entering through radiation 304a and before the outer circumferential surface 320, see Figure 4) , wherein the second caliper is higher than the first caliper (the infrared radiation 306 heats the substrate such that the caliper of the substrate 200b downstream increases to a caliper that is greater than the first caliper, see Paragraph [0089]);
directing a second length of the nonwoven substrate to advance in the first direction such that a first surface of the second length of the nonwoven substrate to be in a facing relationship with the second radiation source (direct the second length L2 of the substrate 200 from the first direction 326 to advance in the second direction 328 such that the first surface of the second length 202 is facing radiation source 304b, see Paragraph [0090]; Figure 4);
irradiating the first surface of the second length of the nonwoven substrate (the second radiation source 304b may be configured as or to include a mirror that reflects the portion 306aa of the infrared radiation 306a back toward the first surface 202 of the second length L2 of the substrate 200 to irradiate the first surface 202 of the second length L2 of the substrate 200, see Paragraph [0091]), wherein the nonwoven substrate comprises a third caliper upstream of the second radiation source (caliper of the substrate 200 after going through the roller 318, see Figure 4) and wherein the nonwoven substrate comprises a fourth caliper downstream of the second radiation source (C2), wherein the fourth caliper is higher than the third caliper (the infrared radiation 306 heats the substrate such that the caliper of the substrate 200b downstream increases to a caliper that is greater than the first caliper, see Paragraph [0089]);
applying a heating source to the nonwoven web to increase a temperature of the nonwoven web to temperatures ranging from about 70° C to about 110° C (the relofting system 302 may heat the advancing substrate 200 to temperatures ranging from about 70° C to about 110° C, see Paragraph [0080]).
Ashraf and Deng are analogous art because teaches a shaped nonwoven fabrics for use in absorbent articles.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the relofting unit of Ashraf and replace it with the relofting unit having radiation source and a heating source to increase a temperature of the non-woven from about 70° C to about 110° C and to increase the caliper of the nonwovens, as taught by Deng. Deng teaches there is need to configure relofting systems to help ensure that substrates treated with the infrared heat sources can operate with substrates that may advance with high acceleration and/or deceleration rates associated with assembly line start ups and shut downs while minimizing unrelofted lengths of substrates and/or without damaging the substrate (see Paragraph [0008]).
Regarding Claim 19, Ashraf and Deng teach all of the limitations of claim 15 and Ashraf further teaches wherein the apertured nonwoven substrate has a basis weight in the range of about 15gsm to about 75gsm (the nonwoven substrate has a variable basis weight, see Paragraph [0209]) (the variation of weight of the nonwoven material is between 14gsm to 79gsm, see Figure 29).
Regarding Claim 20, Ashraf and Deng teach all of the limitations of claim 15 and Ashraf further teaches wherein the apertured nonwoven substrate has a compression work no less than about 700gfxmm, as measured according to Compression Property Test (as explained above for claim 15, since Ashraf discloses a nonwoven made from similar materials and having similar structures as the current invention, it is more likely than not that the Ashraf invention exhibits a compression work of the nonwoven material in the same range as the current invention).
Regarding Claim 24, Ashraf and Deng teach all of the limitations of claim 15 and Deng further teaches wherein the heating source emits infrared radiation (radiation sources 304 that may direct infrared radiation 306 toward the advancing substrate 200, see Paragraph [0063]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC RASSAVONG whose telephone number is (408)918-7549. The examiner can normally be reached Monday - Friday 9:00am-5:30pm PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC RASSAVONG/ (7/21/2026)Examiner, Art Unit 3781
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781
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