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 .
Disposition of Claims
Claims 1 and 4-19 are pending in the application. Claims 2-3 have been cancelled. Claims 15-19 are withdrawn from consideration due to Applicant’s elections.
Amendments to claim 1, filed on 8/12/2025, have been entered in the above-identified application.
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 12 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 12 depends on claim 2, although claim 2 has been cancelled. For the purpose of examination, claim 12 is considered to depend on claim 1.
Claim Rejections - 35 USC § 102 or 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 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 and 4-14 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Baer et al. (US 2020/0299882 A1).
Regarding claims 1 and 11-12, Baer teaches wherein nonwoven fabrics and textiles containing cellulose ester fibers, particularly cellulose acetate fibers, are thermally bonded (Abstract and [0228]). An aqueous plasticizing solution is applied to the surface of a nonwoven web and thereafter the web is thermally bonded to create a thermally bonded nonwoven textile (Abstract). Nonwoven webs or sheets are planar, flat, or tufted porous structures containing entangled fibers (filaments or staple) (staple fibers) that do not have a uniform identifiable entanglement pattern such as would be seen with knitted or woven fabrics ([0037]-[0038]).
The nonwoven web contains binder fibers and base fibers ([0039]). The binder fibers are thermoplastic fibers or have a thermoplastic component to them, and include at least cellulose ester fibers (fibers from at least a first group) ([0039]). Examples of suitable thermal bonding techniques include hot calendaring, radiant heat bonding, and ultrasonic bonding ([0187]). The hot calendar method is the desirably method, in which the nonwoven web is fed through the nip calendar rolls, at least one of which is heated (consolidating the fibrous web sheet to form a nonwoven web by heating exclusively a first side of the fibrous web sheet through contact with a heated surface such that the staple fibers of the first group are partially melted) ([0191]). In the hot calendaring method, the dwell time of the web in the nip is on the order of milliseconds, or less than 0.1 seconds, or not more than 0.05 seconds, or not more than 0.001 seconds ([0223]). In addition to the surface temperature of the calendar roll(s) transferring sufficient heat energy to cause the wetted plasticized CE fibers arrive at or exceed their Tg, pressure is also applied to the web to force the softening, partially melted, or melted CE fibers to diffuse or flow in and around other fibers and create bonds at their intersecting points when cooled ([0211]).
The calendaring technique can be single pass, double pass, S wrap, or Z configuration ([0212]). The examiner notes that in an S wrap configuration, the fibrous web sheet would wrap around each of the two calender rolls (including the heated roll) at an angle.
It would also have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention, when using an S wrap configuration, to have kept the dwell time in the nip (and/or the contact time with the portion of the heated surface of the heated roll that provides partial melting of the fibers) on the order of milliseconds, or less than 0.1 seconds, in order to provide adequate transfer of heat to the wetted plasticized fibers and to obtain a desired degree of thermal bonding at the temperatures and pressures disclosed by Baer ([0199]; also [0208]-[0212] and [0223]).
Regarding claim 4, Baer teaches that non-limiting examples of suitable temperatures of at least one calendar roll (or a majority of calendar rolls or all calendar rolls to which heat energy is applied), are at least 150, or at least 200, or at least 230, or at least 260, or at least 280, or at least 300, in each case as ° F. and generally need not exceed 450, or not exceed 430, or not exceed 420, or not exceed 410, or not exceed 400, or not exceed 390, or not exceed 380, or not exceed 376, or not exceed 370, or not exceed 365, or not exceed 360, or not exceed 355, or not exceed 350, or not exceed 345, or not exceed 340, or not exceed 335, or not exceed 330, or not exceed 325, or not exceed 320, in each case ° F. (as calculated by the examiner, 150-450 °F corresponds to 66-232 °C) ([0209]).
Regarding claim 5, Baer teaches that examples of other binder fibers which may be in combination with the CE fibers in the nonwoven or fabric include polyesters such as those polyethylene terephthalate (PET), polycyclohexylenedimethylene terephthalate (PCT) and other copolymers, olefinic polymers such as polypropylene and polyethylene of all varieties, sulfopolyester fibers, nylons or polyamides, copolyesters, and ethylene vinyl acetate ([0111]).
Regarding claims 6 and 8-9, Baer teaches that base synthetic fibers are those fibers that are, at least in part, synthesized or derivatized through chemical reactions, or regenerated, and include, but are not limited to, rayon, viscose, mercerized fibers or other types of regenerated cellulose (conversion of natural cellulose to a soluble cellulosic derivative and subsequent regeneration) such as lyocell (also known as Tencel), Cupro, Modal, acetates such as polyvinylacetate, glass, polyamides including nylon, poly sulfates, poly sulfones, polyethers, polyacrylates, acrylonitrile copolymers, polyvinylchloride (PVC), polylactic acid, polyglycolic acid, and combinations thereof ([0112]). Base natural fibers include those that are plant derived or animal derived ([0112]). Examples of plant derived natural fibers include wheat straw, rice straw, hardwood pulp, softwood pulp, and wood flour, wood cellulose, abaca, coir, cotton, flax, hemp, jute, kapok, papyrus, ramie, rattan, vine, kenaf, abaca, henequen, sisal, soy, rice, cereal straw, bamboo, reeds, esparto grass, bagasse, Sabai grass, milkweed floss fibers, pineapple leaf fibers, switch grass, lignin-containing plants, and the like ([0112]). Examples of animal derived fibers include wool, silk, mohari, cashmere, goat hair, horse hair, avian fibers, camel hair, angora wool, and alpaca wool ([0112]).
Regarding claim 7, Baer teaches that, if a hot calendaring thermal bonding process is employed, desirably a pair of cooling rolls are also included in the process in order to relieve stresses introduced in the web when placing the web under tension while hot (0210]).
Regarding claim 10, Baer teaches that the nonwoven web can be a dry laid web, a wet laid web, and can be monolayered or multilayered ([0038]). Dry laid processes include air laying and carding ([0163]).
Regarding claim 13, Baer teaches that the nonwoven web can be a dry laid web, a wet laid web, and can be monolayered or multilayered ([0038]). Dry laid processes include air laying and carding ([0163]). Desirably, the nonwoven web and/or the wetted plasticized nonwoven web prior to thermal bonding, contains, or is embedded, coated, layered, or laid up with binders or thermoplastic films, sheets, powders, or particles in an amount of not more than 30 wt. %, or not more than 20 wt. %, or not more than 10 wt. %, or not more than 5 wt. %, or not more than 3 wt. %, or not more than 1 wt. %, or not more than 0.5 wt. %, or not more than 0.1 wt. %, based on the weight of the nonwoven web or fabric, or does not contain, or is not embedded, coated, layered, or laid up with binders or thermoplastic films, sheets, powders, or particles ([0044]).
Regarding claim 14, Baer teaches that, in addition to the surface temperature of the calendar roll(s) transferring sufficient heat energy to cause the wetted plasticized CE fibers arrive at or exceed their Tg, pressure is also applied to the web to force the softening, partially melted, or melted CE fibers to diffuse or flow in and around other fibers and create bonds at their intersecting points when cooled ([0211]). The articles that can be produced through thermally bonding the wetted plasticized nonwoven webs can include wipes and furniture fill and fabric (and others) ([0228]). The fabric or wipes may be cut into suitable shapes such as rectangles ([0229]).
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.
Claim(s) 1 and 4-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Schneider et al. (US 2018/0228669 A1) in view of Dani et al. (US 2020/0199824 A1).
Regarding claims 1 and 11-12, Schneider teaches three-dimensional laminates that may be apertured and may have welds between various substrates (Abstract). Referring to FIG. 1, the three-dimensional substrates, or three-dimensional apertured substrates 2, may be created by conveying a precursor substrate 4 through a nip 6 formed between a first roll 8 and a second roll 10 ([0080]). The precursor substrate 4, the first roll 8, the second roll 10, and/or the three-dimensional substrate or three-dimensional apertured formed substrate 2 may be heated to promote better retention of three-dimensional elements in the formed substrate 2 and allow easier formation of three-dimensional elements and apertures ([0080]).
The precursor substrate 4 and thereby the formed substrate 2 may be formed of one or more substrates, for example, one or more nonwoven materials, one or more nonwoven materials and one or more film, or one or more films, for example ([0096]). The substrates may be formed in subsequent fiber laydown steps, such as a first and a second carding operation for a first type and a second type of staple fibers or two subsequent beams of spunlaying polymeric filaments comprising additives ([0096]). FIG. 10 illustrates a precursor substrate 4 with a first substrate 3 and a second substrate 5 ([0096]). The first substrate may comprise a plurality of first fibers and/or filaments ([0097]). The second substrate may comprise a plurality of second fibers ([0097]). The plurality of first and second fibers may also comprise any other suitable types of fibers, such as polypropylene fibers, other polyolefins, other polyesters besides PET such as polylactic acid, thermoplastic starch-containing sustainable resins, other sustainable resins, bio-PE, bio-PP, and Bio-PET, viscose fibers, rayon fibers, or other suitable nonwoven fibers, for example ([0099]).
When the precursor substrate 4 is conveyed through the nip, the two substrates 3, 5 (or other substrates) may be joined together by the first and second rolls 8, 10 without the use of an adhesive ([0106]). In some instances, bonds or welds 9 may be formed around portions of the perimeter of the second substrate 5 to help join the second substrate 5 to the first substrate 3 ([0107]). The bonds 9 may be applied to the first and second substrates (or to additional substrates) upstream of the nip, in the nip (i.e., by the first and second rolls 8, 10), or downstream of the nip ([0107]). Schneider also teaches that welds allow the fibers of the various substrates in the laminate to soften and/or at least partially melt, allowing a portion of a first substrate to become attached to a portion of at least a second substrate in a weld area ([0131]).
If the precursor substrate 4 is heated in the nip, it may be cooled downstream of the nip ([0111]). Cooling may be accomplished downstream of the nip by ambient air, by blowing ambient air, or by providing a source of cooling, such as blown cooled air or cooled rolls ([0111]).
FIG. 57 is an example of a wrapping configuration for the substrate or substrates passing through the various first and second rolls 8, 10 ([0236]). The precursor substrate 4 is conveyed partially around the first roll 8 before entering the nip 6 ([0236]). The precursor substrate 4 is then conveyed through the nip 6 and then is conveyed at least partially around the second roll 10 such that the formed substrate 2 remains engaged with the second plurality of projections 36 on the second roll 10 to lock the three-dimensional structure into the formed substrate 2 ([0236]). This type of wrapping configuration may be known as an "S-wrap" configuration ([0236]). As discussed, the first and second rolls 8, 10 and/or the precursor substrate 4 may be heated to aid in formation of the substrate 2 ([0236]). Any of the first and second rolls described may use this wrapping configuration or use the example wrapping configuration of FIG. 58 or may be conveyed through the nip as illustrated as in example in FIG. 1, for example ([0236]-[0237]).
Schneider does not explicitly disclose wherein a contact time between a portion of the fibrous web sheet and the heated surface amounts to between 0.05 s and 0.4 s.
However, Dani teaches an exemplary calendaring process 200 that may be used to form substrates including 3 or more distinctly identifiable layers ([0082]). The degree of lamination and strength of the bond between adjacent layers typically depends on the temperature, pressing or contact time, and applied pressure associated with the calendaring operation ([0119]). Contact time (time at the given pressure and/or temperature) may be at least 100 ms, at least 200 ms, from 100 ms to 5 s, from 200 ms to 1 s, or from 200 ms to 500 ms (as calculated by the examiner, at least 0.1 s, at least 0.2 s, from 0.1 s to 5 s, from 0.2 s to 1 s, or from 0.2 s to 0.5 s) ([0120]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have used a calendering process with a contact time (time at the given pressure and/or temperature) of from 100 ms to 5 s (0.1 s to 5 s), or from 200 ms to 500 ms (0.2 s to 0.5 s), in order to provide an adequate degree of lamination and strength of bond between adjacent layers being joined, as suggested by Dani ([0119]-[0120]).
Regarding claim 4, Dani teaches wherein temperatures applied during calendaring may be at least 150° F., at least 175° F., at least 200° F., from 200° F. to 400° F., or from 200° F. to 350° F (as calculated by the examiner, at least 66 °C, at least 79 °C, at least 93 °C, from 93 °C to 204 °C, or from 93 to 177 °C) ([0120]).
Regarding claims 5-6 and 8-9, Schneider teaches that the plurality of first and second fibers may also comprise any other suitable types of fibers, such as polypropylene fibers, other polyolefins, other polyesters besides PET such as polylactic acid, thermoplastic starch-containing sustainable resins, other sustainable resins, bio-PE, bio-PP, and Bio-PET, viscose fibers, rayon fibers, or other suitable nonwoven fibers, for example ([0099]; also see [0096]). Any or all of the substrates may comprise one or more nonwoven materials (or nonwoven fibers), films, coform materials, cellulosic materials (or cellulosic fibers), cotton materials (or cotton fibers), natural materials (or natural fibers), or combinations thereof ([0081]).
Regarding claim 7, Schneider teaches wherein, if a precursor substrate 4 is heated in a nip, it may be cooled downstream of the nip ([0111]; also see [0080]). Cooling may be accomplished downstream of the nip by ambient air, by blowing ambient air, or by providing a source of cooling, such as blown cooled air or cooled rolls ([0111]).
Regarding claims 10 and 13, Schneider teaches that the substrates may be formed in subsequent fiber laydown steps, such as a first and a second carding operation for a first type and a second type of staple fibers or two subsequent beams of spunlaying polymeric filaments comprising additives ([0096] and [0105]).
Regarding claim 14, Schneider teaches that, referring to FIG. 13, the formed substrate 2 (whether having three-dimensional elements 54 and apertures 56 in a central longitudinal strip or throughout the formed substrate 2) may be cut to a final pitch for a component of an absorbent article, such as a topsheet, an acquisition layer, a distribution layer, or an outer cover nonwoven material, for example ([0119]).
Response to Arguments
Applicant's arguments filed 8/12/25 have been fully considered but they are not persuasive.
Applicant contends the following: “Amended claim 1 makes it clear that the contact pressure on the heating roller is essentially determined by the wrap angle and that the contact time is also largely determined by this wrap angle. Since Baer et al. do not describe such a wrap, Baer cannot anticipate the claimed invention. Furthermore, the present invention is also not obvious in view of Baer. Even if the skilled person were to provide for a certain degree of wrapping based on Bear et al., the contact time of the fiber web with the heating roller would be significantly longer, since the dwell time in the gap is already within the defined time period of claim 1. ”
Regarding these contentions, as applied above, Baer teaches that the calendaring technique can be single pass, double pass, S wrap, or Z configuration ([0212]). The examiner notes that in an S wrap configuration, the fibrous web sheet would wrap around each of the two calender rolls, including the heated roll, at an angle. The examiner also notes that the claimed contact time is between a portion of the fibrous web sheet and a heated surface that is a part of a heating roll. As claimed, a first side of the fibrous web sheet is heated through contact with this part of the heating roll such that the staple fibers of the first group are partially melted. Baer teaches combinations of roll temperatures and nip pressures that result in such partial melting. Therefore, the dwell times taught by Baer would meet the claimed contact time limitation. In this regard, the examiner notes that the fibrous web sheet being wrapped around the heating roll at an angle doesn't require a longer contact time between the fibrous web sheet and the part of the heating roll that is used to partially melt the staple fibers. As applied above, it would also have been obvious to keep the dwell time (and/or the contact time with the portion of the heated surface of the heated roll that provides partial melting of the fibers) on the order of milliseconds (e.g., less than 0.1 seconds) in order to provide adequate transfer of heat and a desired degree of thermal bonding at the temperatures and pressures disclosed by Baer ([0199]; also [0208]-[0212] and [0223]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2010/0075120 A1.
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 Kevin Worrell whose telephone number is (571)270-7728. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached on 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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/Kevin Worrell/Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789