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, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 30, 2025 has been entered.
Response to Arguments
Applicant's arguments filed October 30, 2025 have been fully considered but they are not persuasive. Amendments to the current set of claims have changed the scope of the claimed invention, resulting in a modification of the previous prior art rejection.
On page 5 of the Remarks section as indicated by the page number at the bottom of each page, Applicant discusses the previous interview and the status of the priority application. On page 6, Applicant also discusses the previous claim objections and 112 rejections. The Examiner has withdrawn the previous claim objections and 112 rejections in response to the amendments made to address them.
On pages 6-8, Applicant argues against the previous references used in the previous prior art rejections. Applicant first summarizes the amendments made to independent Claims 1 & 15, arguing that neither Soerens et al., (“Soerens”, US 2004/0024092), or Young, Sr. et al., (“Young”, US 5,432,000), disclose the added limitation “the reinforcing filler comprising at least one of saw dust, clay, calcium carbonate, silicate, and glass microspheres” to independent Claims 1 & 15. The Examienr notes that Young discloses this limitation, (See column 23, lines 37-41; clay and/or calcium carbonate), and that Young also discloses the 40-70% by weight reinforcing filler based on the claimed/disclosed filler composition, (See column 23, lines 37-41; The disclosed value of 50% anticipates at that value). The Examiner notes that a new motivation is relied upon in Young to combine with Soerens, so Applicant’s remarks towards the previous motivation is considered moot.
Applicant also argues that making paper from the fibers has no relevance upon the claimed invention, or absorbent material, but the Examiner notes that primary reference Soerens explicitly applies its adsorbent composition to paper towels, (See paragraph [0002], See paragraphs [0124] & [0125], Soerens), which is a well known personal care absorbent material. The Examiner finds this remark unpersuasive.
Applicant then asserts that neither Soerens nor Young disclose the formation of “discrete agglomerates/pellets”. The Examiner notes that Young explicitly discloses this claimed structure in multiple places, (See Abstract, See column 5, lines 12-20, See column 6, lines 8-12,Young). The Examiner finds that the term “individualized”, “discontinuous”, “substantially unbonded individualized fibers” that have binder and particulates adhered thereto will read upon “discrete agglomerates”. The Examiner finds this remark also unpersuasive.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application, New Zealand Application No. 2020900430, filed on February 14, 2020. It is noted, however, based on review by Examiner that applicant has not appeared to file a certified copy of the application as required by 37 CFR 1.55.
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 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.
Claim(s) 1, 3-5, 10, 12, 15 & 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soerens et al., (“Soerens”, US 2004/0024092), in view of Young, Sr. et al., (“Young”, US 5,432,000).
Claims 1, 3-5, 10, 12 are directed to an absorbent material, a composition or product type invention group.
Regarding Claims 1, 3-5, 10, 12, a first embodiment of Soerens discloses an absorbent material, (See Abstract and paragraph [0002]),the absorbent material comprising: a matrix formed from a fibrous material, (See paragraphs [0069] & [0070] or [0071]), and one or more polymerised binder reagents, (See paragraph [0073] & [0074]), and a reinforcing filler, (See paragraphs [0025] or [0072]), wherein the absorbent material comprises 0.05 - 5 dry weight% of the polymerised binder reagents, (See paragraph [0074]; The particles and binder are present in the composition in a ratio from about 1:4 to about 20:1, based on dry weight. Thus, selecting a value at the endpoint of 20:1 results in a dry weight percent of binder of 1/(20+1) or 4.7 wt%), wherein the absorbent material comprises 30-60 dry weight% of the fibrous material, (See paragraph [0074]; The particles and binder are present in the composition in a ratio from about 1:4 to about 20:1, based on dry weight. Thus, selecting a value at the endpoint of 20:1 results in a dry weight percent of binder of 20/(20+1) or 95.2 wt%), wherein the absorbent material contains agglomerates or pellets, (See paragraph [0057] & [0070]).
This embodiment of Soerens does not disclose wherein the absorbent material comprises 40 - 70 dry weight% of the reinforcing filler, the reinforcing filler comprising at least one of saw dust, clay, calcium carbonate, silicate, and glass microspheres, or explicitly disclose a specific range of 30-60 dry weight% of the fibrous material, or wherein the absorbent material is formed into discrete agglomerates or wherein the absorbent material is formed into discrete pellets.
A feature of Soerens discloses wherein the absorbent material comprises 30 - 60 weight% of the fibrous material, (See paragraph [0074]; The particles and binder are present in the composition in a ratio from about 1:4 to about 20:1, based on dry weight. Thus, a value of 30 to 60 wt% falls within this disclosed ratio such as 1:2.33 to 1.5:1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the absorbent material of the first embodiment of Soerens by incorporating wherein the absorbent material comprises 30 - 60 weight% of the fibrous material as in this feature of Soerens because the ratio of the fibrous material is a result-effective variable that can be optimized to achieve the in order to provide “a thin, durable high absorbent capacity fluid storage material….wherein particles remain intact on the material even while in a swollen or wet condition”, (See paragraph [0133], Soerens).
Young discloses an absorbent material, (See Abstract, Young), wherein the absorbent material comprises 40 - 70 dry weight% of the reinforcing filler, (See column 23, lines 37-41; The disclosed value of 50% anticipates at that value), the reinforcing filler comprising at least one of saw dust, clay, calcium carbonate, silicate, and glass microspheres, (See column 23, lines 37-41; clay and/or calcium carbonate), wherein the absorbent material is formed into discrete agglomerates or wherein the absorbent material is formed into discrete pellets, (See Abstract, Young).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the absorbent material of modified Soerens by incorporating wherein the absorbent material comprises 40 - 70 dry weight% of the reinforcing filler, the reinforcing filler comprising at least one of saw dust, clay, calcium carbonate, silicate, and glass microspheres, or wherein the absorbent material is formed into discrete agglomerates or wherein the absorbent material is formed into discrete pellets as in Young because Soerens is directed to “personal care absorbent products”, (See paragraph [0002], Soerens), including a “paper towel”, (See paragraphs [0124] & [0125], Soerens), and Young adds “paper making additives”, (See column 23, lines 37-40, Young), which “imparts stiffness…making it easier…to wipe an absorbent pad”, (See column 39, lines 55-57, Young), in a product that is “substantially individualized discontinuous binder coated fibers…for use in the manufacture of absorbent structures”, (See column 6, lines 8-12, Young).
Additional Disclosures Included:
Claim 3: The absorbent material according to claim 1, wherein the absorbent material comprises a polymerisation activator, (See paragraph [0086] & [0103], Soerens).
Claim 5: The absorbent material according to claim 1, wherein the fibrous material comprises cellulosic fibres or synthetic fibres, (See paragraphs [0069] & [0070] or [0071], Soerens).
Claim 10: The absorbent material according to claim 1, wherein the reinforcing filler is a solid particulate material, (See paragraphs [0025] or [0072], Soerens).
Claim 12: The absorbent material according to claim 1, wherein the absorbent material comprises active adsorption agents, (See paragraphs [0025] or [0072], Soerens; activated carbon is adsorptive).
Regarding Claim 4, this first embodiment of Soerens discloses the absorbent material according to claim 3, but does not explicitly disclose wherein the absorbent material comprises 0.005 - 0.5 dry weight% of the polymerisation activator.
Another embodiment of Soerens discloses wherein the absorbent material comprises 0.005 - 0.5 dry weight% of the polymerisation activator, (See paragraph [0128], Soerens).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the absorbent material of the first embodiment of Soerens by incorporating wherein the absorbent material comprises 0.005 - 0.5 dry weight% of the polymerisation activator as in another embodiment of Soerens in order to provide “the capability to make thin, flexible, high capacity absorbent with high integrity in the dry state and the ability to hold the swollen SAP in place after absorbing fluid”, (See paragraph [0133], Soerens).
Regarding Claims 15-17, Soerens discloses a method for producing an absorbent material, the method comprising the steps of: combining a feedstock, (See paragraph [0107]), comprising dry weight% fibrous material, (See paragraph [0074]; The particles and binder are present in the composition in a ratio from about 1:4 to about 20:1, based on dry weight. Thus, selecting a value at the endpoint of 20:1 results in a dry weight percent of binder of 20/(20+1) or 95.2 wt%)., and reinforcing filler, (See paragraphs [0025] or [0072]), with one or more binder reagents, (See paragraph [0073] & [0074]); and introducing the feedstock into an agglomeration apparatus in presence of a polymerisation activator to produce the absorbent material, (See paragraph [0086], [0103], [0106] & [0108]) comprising 0.05 - 5 dry weight% polymerised binder reagents, (See paragraph [0074]; The particles and binder are present in the composition in a ratio from about 1:4 to about 20:1, based on dry weight. Thus, selecting a value at the endpoint of 20:1 results in a dry weight percent of binder of 1/(20+1) or 4.7 wt%), wherein the absorbent material contains agglomerates or pellets, (See paragraph [0057] & [0070]).
This embodiment of Soerens does not disclose wherein the absorbent material comprises 40 - 70 dry weight% reinforcing fillers, or explicitly disclose a specific range of 30-60 dry weight% fibrous material, or wherein the absorbent material is formed into discrete agglomerates or wherein the absorbent material is formed into discrete pellets.
A feature of Soerens discloses wherein the absorbent material comprises 30 - 60 weight% fibrous material, (See paragraph [0074]; The particles and binder are present in the composition in a ratio from about 1:4 to about 20:1, based on dry weight. Thus, a value of 30 to 60 wt% falls within this disclosed ratio such as 1:2.33 to 1.5:1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the absorbent material of the first embodiment of Soerens by incorporating wherein the absorbent material comprises 30 - 60 weight% fibrous material as in this feature of Soerens because the ratio of the fibrous material is a result-effective variable that can be optimized to achieve the in order to provide “a thin, durable high absorbent capacity fluid storage material….wherein particles remain intact on the material even while in a swollen or wet condition”, (See paragraph [0133], Soerens).
Young discloses an absorbent material, (See Abstract, Young), wherein the absorbent material comprises 40 - 70 dry weight% of the reinforcing filler, (See column 23, lines 37-41; The disclosed value of 50% anticipates at that value), the reinforcing filler comprising at least one of saw dust, clay, calcium carbonate, silicate, and glass microspheres, (See column 23, lines 37-41; clay and/or calcium carbonate), wherein the absorbent material is in the form of discrete agglomerates or discrete pellets, (See Abstract, Young).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of modified Soerens by incorporating wherein the absorbent material comprises 40 - 70 dry weight% of the reinforcing filler, the reinforcing filler comprising at least one of saw dust, clay, calcium carbonate, silicate, and glass microspheres, or wherein the absorbent material is in the form of discrete agglomerates or discrete pellets as in Young because Soerens is directed to “personal care absorbent products”, (See paragraph [0002], Soerens), including a “paper towel”, (See paragraphs [0124] & [0125], Soerens), and Young adds “paper making additives”, (See column 23, lines 37-40, Young), which “imparts stiffness…making it easier…to wipe an absorbent pad”, (See column 39, lines 55-57, Young), in a product that is “substantially individualized discontinuous binder coated fibers…for use in the manufacture of absorbent structures”, (See column 6, lines 8-12, Young).
Additional Disclosures Included:
Claim 16: A method according to claim 15, wherein the binder reagents are selected from one or more of styrene monomer compounds, vinyl monomer compounds or silicon monomer compounds, (See paragraph [0074], [0082]-[0084], Soerens).
Claim(s) 18-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soerens et al., (“Soerens”, US 2004/0024092), in view of Young, Sr. et al., (“Young”, US 5,432,000), in further view of Okubo et al., (“Okubo”, US 6,632,494).
Claims 18-22 are directed to a method of absorbing a liquid, a method type invention group.
Regarding Claims 18-23, modified Soerens discloses a method with the absorbent material of claim 1, (See rejection of Claim 1), but does not explicitly disclose the method of absorbing a liquid, the method comprising the step of contacting the liquid with the absorbent material to absorb at least a portion of the liquid into the absorbent material to produce a loaded absorbent material.
Okubo discloses a method of absorbing a liquid, (See column 6, lines 7-16), the method comprising the step of contacting the liquid with the absorbent material to absorb at least a portion of the liquid into the absorbent material to produce a loaded absorbent material, (See column 6, lines 7-16). Additional features of this embodiment are included as part of the overall combination and are claim mapped to in the Additional Disclosures section below.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of modified Soerens by incorporating the method of absorbing a liquid, the method comprising the step of contacting the liquid with the absorbent material to absorb at least a portion of the liquid into the absorbent material to produce a loaded absorbent material as in Okubo because “absorbent articles, including disposable diaper(s)”, (See column 1, lines 20-22, Okubo), as also applied to Soerens, (See paragraph [0029], Soerens), “conventionally,…have been incinerated and disposed after use”, (See column 1, lines 22-25, Okubo), in which “absorbent articles comprising the highly absorbable resin can be incinerated well, with no need of any sophisticated incinerator or any increase of maintenance labor, at incineration sites”, (See column 2, lines 44-47, Okubo).
Additional Disclosures Included:
Claim 19: The method according to claims 18, wherein at least a portion of entrained particles or dissolved substances within the liquid is absorbed by the absorbent material, (See column 6, lines 7-16, Okubo).
Claim 20: The method according to claim 18, wherein the loaded absorbent material is directed to one or more treatment steps, (See column 6, lines 47-58, Okubo).
Claim 21: The method according to claim 18, wherein the loaded absorbent material is subjected to a drying step, (See column 6, lines 10-12, Okubo).
Claim 22: The method according to claim 18, wherein the loaded absorbent material is directed to disposal, (See column 6, lines 50-61, column 3, lines 41-46, Okubo).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soerens et al., (“Soerens”, US 2004/0024092), in view of Young, Sr. et al., (“Young”, US 5,432,000), in further view of Okubo et al., (“Okubo”, US 6,632,494), in further view of Ayers, (US 4,489,665).
Regarding Claim 23, modified Soerens discloses the method according to claim 20, wherein the loaded absorbent material is subjected to a high temperature treatment step to destroy combustible materials, (See column 6, lines 50-61, Okubo).
Modified Soerens does not disclose destroying at a temperature of at least 1000oC.
Ayers discloses destroying at a temperature of at least 1000oC, (See column 6, lines 17-28, Ayers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of modified Soerens by incorporating destroying at a temperature of at least 1000oC as in Ayers because Young also notes that its absorbent composition may have “enhanced oil absorbency characteristics” with “attached oil absorbing particulate materials”, (See column 31, lines 22-25, Ayers), so providing a certain level of “incineration”, (See column 6, lines 23-29, Ayers), of these “high energy content...pads”, (See column 1, lines 18-21, Ayers), is “necessary to dispose of…the pads”, (See column 1, lines 13-15, Ayers).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
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/JONATHAN M PEO/Primary Examiner, Art Unit 1779