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 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) 1, 4, 13-14, 20, 21, 28, 31 is/are rejected under 35 U.S.C. 103 as obvious over Adam et al, U.S. Patent No. 6,890,622 in view of Wang et al, U.S. Patent Application Publication No. 2017/0167081.
Adam discloses an airlaid web comprising cellulosic pulp fibers, bicomponent fibers and superabsorbent particles which is formed to have a series of ridges and valleys wherein the ridges and valleys have different basis weights and the ridges have a higher basis weight then the valleys, wherein the structure is not embossed or compressed. See col. 5, lines 40-col. 6, line 67,col. 7, lines 7-18, as well as the figures. The structure can include more than one layer. See col. 7, lines 22-41. The structure is useful in forming absorbent articles.
With regard to the claims as amended 5/27/25, Adam teaches multiple layers of airlaid nonwoven which include bicomponent and cellulosic fibers. See col. 7, lines 32-42 and figure 4. The presence of the bicomponent fibers in each layer is equated with the limitation of being bonded on at least a portion of the surface with a binder, since the bicomponent fibers are distributed throughout the nonwoven including the surface and act as binder fibers. The ridges and/or valleys would form continuous lines since they extend the entirety of the layer.
Adam does not clearly disclose the percent runoff.
However, since Adam discloses the claimed structure, it is reasonable to expect that the structure of Adam would have the claimed percent runoff, since like materials must have like properties, or, in the alterative, it would have been obvious to have selected the basis weights and the amount of cellulosic materials and superabsorbent which produced the desired absorbency.
Adam differs from the claimed invention because it does not clearly teach that the cellulosic fibers are present in amounts of 50-75 gsm.
However, Wang discloses an airlaid fibrous structure wherein the fibrous structure can exhibit a structure of peaks and valleys. See figure 9A and 9C. The peaks and valleys can have different basis weights. See paragraph 0132-0150. The structure is not compressed and is formed by airlaying on a forming mold. See paragraphs 0104, 198-204. The structure as a whole can have a basis weight of 10-1000 gsm. See paragraph 0101. Wang teaches a ratio of synthetic filaments to pulp (cellulosic) fibers of 1:1 to 1:10. See paragraph 0118. Therefore, Adam as modified by Wang would teach an amount of cellulosic fibers of 50-75 gsm.
Claim(s) 1, 3-5, 7-9, 11-15, 17-23, 25-29, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ren et al, CN 107215034A, (equivalent to WO 2018/197937 which is relied on for citations below) in view of Wang et al, U.S. Patent Application Publication No. 2017/0167081.
Ren discloses a composite sheet for absorbent articles. It comprises one or more airlaid layer which are adjacent to and in direct contact with the immediately adjacent air laid layer. Each air laid layer includes a blend of cellulosic and bicomponent fibers having a polyethylene sheath and a polypropylene or polyethylene terephthalate core. See abstract and paragraphs 0008-0009. The structures provide a material having fast absorbency. See paragraph 0058-0061. The airlaid layer can comprise a blend of cellulosic and bicomponent fibers. See paragraph 0089. The cellulosic fibers can be from hardwood, softwood, or cotton linter. The cellulosic fibers can have a length of 0.8-10 mm. See paragraphs 0091 -0092. The bicomponent fibers can have a sheath/core configuration. See paragraph 0093. The proportion of sheath to core in the bicomponent fibers can be 10:90 to 90:10. See paragraph 0074. The airlaid layer or layers may have a collective basis weight of 7-300 gsm. See paragraph 0100. The bicomponent fibers of the airlaid layer can have a PET sheath and PET core or PE sheath and PP core. See paragraph 0098. Suitable dtex of bicomponent fibers can be 2.2 dtex to 56 denier and suitable lengths can be from 3 to 40 mm. See paragraphs 0096-0099. The airlaid layer or layers may comprise a latex binder coating. See paragraph 00103. The airlaid layer or layers may be patterned by embossing. See paragraph 00117. The pattern may have a pattern or alternating ridges and grooves. see paragraph 00117. The width of the groove can be from about 0.2 to 10 mm, and the depth of each groove can be from about 0.1-5 mm. See paragraph 00119. The airlaid nonwoven can be used to form a portion of an absorbent article. The examples teach structures with 2 of 3 airlaid layers. See paragraph 00232. The ridges and/or valleys would form continuous lines since they extend the entirety of the layer.
Ren differs from the claimed invention because it does not disclose that the ridges and valleys have different basis weights wherein the ridges have higher basis weights, and does not disclose the use of eucalyptus fibers.
However, Wang discloses an airlaid fibrous structure wherein the fibrous structure can exhibit a structure of peaks and valleys. See figure 9A and 9C. The peaks and valleys can have different basis weights. See paragraph 0132-0150. The structure is not compressed and is formed by airlaying on a forming mold. See paragraphs 0104, 198-204. The structure as a whole can have a basis weight of 10-1000 gsm. See paragraph 0101. The structure can be made from softwood draft pulp, hardwood pulp fibers and mixtures thereof including eucalyptus. The structure can include superabsorbents. See paragraph 0054.
Therefore, it would have been obvious to have employed eucalyptus fibers as taught by Wang and also to have formed the peaks and valleys of Ren by airlaying onto a mold rather than by embossing in order to eliminate a step in the manufacturing process. Once the structure of Ren was modified by Wang to include the uncompressed peaks and valleys having the different basis weights, it would be reasonable to expect that the material of Ren would have the claimed percent runoff, since the same structure would be present.
With regard to the limitation that the cellulosic fibers are present in amounts of 50-75 gsm, Wang teaches a ratio of synthetic filaments to pulp fibers of 1:1 to 1:10. See paragraph 0118. Since the structures as a whole can have a basis weight of 10-1000 gsm, (paragraph 0101 of Wang), or 7-300 gsm, (paragraph 0100 of Ren), Wang teaches amounts of pulp fibers, (cellulosic fibers), which are within the claimed range of 50-75 gsm.
Claim(s) 1, 3-5, 7-8,13-18, 20-25, 27-29, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ren et al, CN 107215034A, (equivalent to WO 2018/197937 which is relied on for citations below) in view of Adam et al, U.S. Patent No. 6,890,622 and Wang et al, U.S. Patent Application Publication No. 2017/0167081.
Ren discloses a composite sheet for absorbent articles. It comprises one or more airlaid layer which are adjacent to and indirect contact with the immediately adjacent air laid layer. Each air laid layer includes a blend of cellulosic and bicomponent fibers having a polyethylene sheath and a polypropylene or polyethylene terephthalate core. See abstract and paragraphs 0008-0009. The structures provide a material having fast absorbency. See paragraph 0058-0061. The airlaid layer can comprise a blend of cellulosic and bicomponent fibers. See paragraph 0089. The cellulosic fibers can be from hardwood, softwood, or cotton linter. The cellulosic fibers can have a length of 0.8-10 mm. See paragraphs 0091 -0092. The bicomponent fibers can have a sheath/core configuration. See paragraph 0093. The proportion of sheath to core in the bicomponent fibers can be 10:90 to 90:10. See paragraph 0074. The airlaid layer or layers may have a collective basis weight of 7-300 gsm. See paragraph 01000. The bicomponent fibers of the airlaid layer can have a PET sheath and PET core or PE sheath and PP core. See paragraph 0098. Suitable dtex of bicomponent fibers can be 2.2 dtex to 56 denier and suitable lengths can be from 3 to 40 mm. See paragraphs 0096-0099. The airlaid layer or layers may comprise a latex binder coating. See paragraph 00103. The airlaid layer or layers may be patterned by embossing. See paragraph 00117. The layers may have a pattern or alternating ridges and grooves. see paragraph 00117. The width of the groove can be from about 0.2 to 10 mm, and the depth of each groove can be from about 0.1-5 mm. See paragraph 00119. The airlaid nonwoven can be used to form a portion of an absorbent article. The examples teach structures with 2 of 3 airlaid layers. See paragraph 00232. The ridges and/or valleys would form continuous lines since they extend the entirety of the layer.
Ren differs from the claimed invention because it does not disclose employing a superabsorbent and does not teach that the ridges and valleys have different basis weights, wherein the ridges have a higher basis weight.
However, Adam discloses an airlaid web comprising cellulosic pulp fibers, bicomponent fibers and superabsorbent particles which is formed to have a series of ridges and valleys wherein the ridges and valleys have different basis weights, wherein the structure is not embossed or compressed. See col. 5, lines 40-col. 6, line 67,col. 7, lines 7-18, as well as the figures. The structure can include more than one layer. See col. 7, lines 22-41. The structure is useful in forming absorbent articles.
With regard to the claims as amended 5/27/25, Adam teaches multiple layers of airlaid nonwoven which include bicomponent and cellulosic fibers. See col. 7, lines 32-42 and figure 4. The presence of the bicomponent fibers in each layer is equated with the limitation of being bonded on at least a portion of the surface with a binder, since the bicomponent fibers
Therefore, it would have been obvious to have incorporated a superabsorbent into the structure of Ren, in order to further improve absorbency and to have formed the ridges and valleys of Ren as taught by Adam. Once the superabsorbent was incorporated into Ren and the ridges and valley were formed to have different basis weights without compressing or embossing but during formation of the airlaid nonwoven to avoid additional process steps, it would be reasonable to expect that Ren would have the claimed percent runoff, since the same structure would be present.
Neither Ren nor Adam clearly teach an amount of cellulosic fibers of 50-75 gsm.
However, Wang teaches a ratio of synthetic filaments to pulp fibers of 1:1 to 1:10. See paragraph 0118. Since the structures as a whole can have a basis weight of 10-1000 gsm, ( see paragraph 0101 of Wang), or 7-300 gsm, (see paragraph 0100 of Ren), Wang teaches amounts of pulp fibers, (cellulosic fibers), which are within the claimed range of 50-75 gsm and it would have been obvious to have selected the relative proportions of synthetic and cellulosic fibers within the ranges and basis weights taught by Ren and Wang.
Applicant's arguments filed 2/10/26 have been fully considered but they are not persuasive.
Applicant argues that Adam does not teach two layers. However, Adam clearly teaches two layers, see col. 2, lines 43-45, which states that the web can have one or more layers of airlaid composite material having both thermoplastic fibers and absorbent materials. Additionally, see figure 4 which clearly shows the two layers with the ridges and valleys. Also see col. 5, line 60 which states that the “upper layer” can have ridges and valleys and the “lower layer” can also be another airlaid layer. The airlaid layers can include pulp and binder fibers such as bicomponent fibers. See col. 5, line 60- col. 6, line 33. The web can have a surface layer with ridges and valleys, wherein the ridges have a higher basis weight that the basis weight of the valley. See at least claim 1 which teaches that the ridges have a higher basis weight, (higher thickness) than the valleys. With regard to a binder, since the bicomponent fibers function as a binder and are referred as binder fibers, and are present throughout the structure including the surface, the structure of Adam necessarily is bonded on at least a portion of its outer surface with a binder. Further, figure 4 clearly shows a structure with two layers including a top and bottom layer wherein both layers have ridges and grooves, wherein the bicomponent fibers are distributed throughout the layers and would act as a binder for at least a portion of the outer surface of each layer.
With regard to Wang, Applicant argues that Wang does not teach how to control or fabricate the regions. However, Wang teaches airlaying on a forming mold to form peaks and valleys as shown in figures 9A and 9C wherein the peaks and valleys have different basis weight. Wang teaches forming a mold which includes peaks and valleys and then airlaying to form structures having different basis weights which would enable one of skill to make the invention of Wang. Additionally, Wang is relied on for teaching the relative amount of cellulosic fibers. Adam already teaches the claimed structure of multiple layers with peaks and valleys with different basis weights as set forth above.
With regard to the binder, as set forth above, Adam teaches a second layer having the mixture of bicomponent and cellulosic fibers, (see figure 4 and column 7 of Adam). Adam teaches mixing the bicomponent fibers, which act as binder fibers, throughout the layers, which means that at least some of the bicomponent binder fibers would be present on the surface of each of the layers as shown in figure 4, which clearly shows two layers. .
Applicant argues that Wang does not teach one of ordinary skill in the art how to purposefully form alternating ridges and valleys such that the basis weight of each ridge is higher than the basis weight of each valley. However, Wang teaches forming a mold which includes peaks and valleys and then airlaying to form structures having different basis weights which would enable one of skill to make the invention of Wang.
With regard to Ren in view of Wang, Applicant argues that Wang does not teach two layers with one layer disposed below another. However, Ren already teaches this feature.
Applicant argues that Wang does not teach one of ordinary skill in the art how to purposefully form alternating ridges and valleys such that the basis weight of each ridge is higher than the basis weight of each valley. However, Wang teaches forming a mold which includes peaks and valleys and then airlaying to form structures having different basis weights which would enable one of skill to make the invention of Wang with no more than routine experimentation, since Wang teaches the materials, methods and apparatus which are needed to control the basis weights of a fibrous structure having peaks and valleys wherein the peaks and valleys have different basis weights.
With regard to a second layer in Wang, as set forth above, Ren already teaches multiple layers.
THIS ACTION IS MADE FINAL. 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.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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