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 .
In view of the Appeal Brief filed on 1/14/26, PROSECUTION IS HEREBY REOPENED. A new rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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.
Claim(s) 1, 14, 18, 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gunji et al, U.S. Patent Application Publication No. 2009/0308524.
Gunji discloses an elastic nonwoven fabric having a central elastic fiber layer bonded to two outer nonwoven layers. See paragraph 0006. Each of the layers necessarily have a first face and a second face and the composite nonwoven would also have a first face and an opposite second face and extend along an x-y plane. See figures. The layers can be entangled together either by through air bonding which entangles the fibers or by hydroentangling or needle punching. See paragraphs 0024-0025. The fibers are entangled such that some of the fibers of the outer layers can penetrate through the elastic fibrous layer into the other outer layer and that some of the fibers of the elastic layer extend into the outer layers. See paragraph 0021 The structure is embossed wherein the embossments can substantially melt the fibers to form a film at the embossed points wherein the embossments extend in the z-direction. Otherwise, the fibers retain their fiber form. See paragraphs 0020 and 0042. Since either or both faces can be embossed, the fibers of the first web of fibers would necessarily extend from the embossed points. The embossed points would necessarily have a first depth since they are embossments which extend from the surface into the fabric.
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) 1, 4-9, 11-14, 18, 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunji, et al, U.S. Patent Application Publication No. 2009/0308524.
Gunji discloses an elastic nonwoven fabric having a central elastic fiber layer bonded to two outer nonwoven layers. See paragraph 0006. Each of the layers necessarily have a first face and a second face and the composite nonwoven would also have a first face and an opposite second face and extend along an x-y plane. See figures. The layers can be entangled together either by through air bonding which entangles the fibers or by hydroentangling or needle punching. See paragraphs 0024-0025. The fibers are entangled such that some of the fibers of the outer layers can penetrate through the elastic fibrous layer into the other outer layer and that some of the fibers of the elastic layer extend into the outer layers. See paragraph 0021 The structure is embossed wherein the embossments can substantially melt the fibers to form a film at the embossed points wherein the embossments extend in the z-direction. Otherwise, the fibers retain their fiber form. See paragraphs 0020 and 0042. Since either or both faces can be embossed, the fibers of the first web of fibers would necessarily extend from the embossed points. The embossed points would necessarily have a first depth since they are embossments which extend from the surface into the fabric.
Gunji differs from the claimed invention because it does not disclose the particularly claimed pattern of the thermal bonds and while it discloses an absorbent article generally, it does not clearly teach using the nonwoven to form apparel per se.
However, it would have been obvious to have selected the particular pattern of the rolls and thus the resulting thermal bonds which produced a fabric having the desired degree of strength and integrity without being too stiff. With regard to apparel, since Gunji teaches a durable fabric with a cloth like hand and appearance, it would have been obvious to have formed the composite fabric Gunji into apparel, since fabrics are conventionally used to make apparel.
Claim(s) 15, 16, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunji, et al, U.S. Patent Application Publication No. 2009/0308524 as applied to claims 1, 4-9, 11-13, 14, 18, 21-24 above, and further in view of Cheng et al, U.S. Patent Application Publication No. 2006/0057924.
Gunji differs from the claimed invention because it does not disclose employing ultrasonic bonding to bond the layers as claimed, although it does mention ultrasonic bonding as an alternative method of bonding at col. 8, lines 51-53. Note that ultrasonic bonding is a method of melting thermoplastics without heat or pressure using high frequency sound.
Cheng discloses employing ultrasonic bonding to create a plurality of thermal bond points in composite nonwoven fabrics comprising an elastomeric central layer and outer nonwoven layers. See paragraph 0026, 0035, 0036.
Therefore, it would have been obvious to have employed ultrasonic bonding to bond the layers in the composite fabric of Gunji because it was an alternative known method of bonding to the patterned calendar rolls.
It further would have been obvious to have selected how to position the composite fabric within the ultrasonic bonding apparatus in order to optimize bonding and fabric hand.
Applicant’s arguments set forth in the Appeal Brief filed 1/14/26 are persuasive. A new rejection is set forth above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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