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 .
Response to Arguments
Applicant's arguments filed March 12, 2026 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 using newly found secondary references.
On page 5-10 of the Remarks section as indicated by the page number at the bottom of each page, Applicant first discusses the amendments made to the claims, and the priority status. Then, Applicant argues against the previous 103 prior art rejection of independent Claims 1 & 15 using primary Soerens et al., (“Soerens”, US 2004/0024092), and secondary reference Young, Sr. et al., (“Young”, US 5,432,000). Applicant specifically argues that the relied upon teachings of Young cannot be combined with Soerens for various reasons. The Examiner disagrees with Applicant’s assertions but notes that the change in the scope in the claimed invention has resulted in the withdrawal of Young, rending these arguments moot. The Examiner notes that newly found secondary references, Achille, (US 2002/0039869), and Berrada et al., (“Berrada”, CA 2534026 A1, published 2006), address and disclose the amendments to the claims instead.
Priority
Acknowledgment is made of applicant's submission of a certified copy of the foreign application to which it claims priority. It is noted, however, based on review by Examiner that page 1 could be missing from the copy submitted.
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 Achille, (US 2002/0039869), in further view of Berrada et al., (“Berrada”, CA 2534026 A1, published 2006).
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 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).
Modified Soerens does not disclose 40 - 70 dry weight% of the reinforcing filler, the reinforcing filler comprising at least one of saw dust, silicate, and glass microspheres, or wherein the absorbent material is formed into discrete pellets.
Berrada discloses 40 - 70 dry weight% of the reinforcing filler, the reinforcing filler comprising at least one of saw dust, silicate, and glass microspheres, (See page 15, lines 3-16, Berrada; anticipates the claimed range at 40%; and “silicates”, “zeolites”).
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 40 - 70 dry weight% of the reinforcing filler, the reinforcing filler comprising at least one of saw dust, silicate, and glass microspheres as in Berrada because Soerens is directed to “personal care absorbent products”, (See paragraph [0002], Soerens), and Berrada is directed to “disposable personal hygiene products” as well, in which the reinforcing filler will “provide porosity and will drive the water more efficiently through the superabsorbent polymer”, (See page 15, lines 3-6, Berrada).
Modified Soerens does not explicitly disclose wherein the absorbent material is formed into discrete pellets.
Achille discloses wherein the absorbent material is formed into discrete pellets, (See paragraph [0039], [0033], Achille).
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 is formed into discrete pellets as in Young because Soerens is directed to “personal care absorbent products”, (See paragraph [0002], Soerens), and the compositional structure of Achille is “well suited for preparation of…disposable absorbent articles such as diapers, sanitary napkins, tampons, incontinence products”, (See Abstract, Achille), which are directed to “personal-care articles”, (See paragraph [0010], Achille), in which the pellets “do not cause plugging” or “strand dropping, delamination”, (See paragraph [0033], Achille).
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 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).
Modified Soerens does not disclose 40 - 70 dry weight% of the reinforcing filler, the reinforcing filler comprising at least one of saw dust, silicate, and glass microspheres, or wherein the absorbent material is formed into discrete pellets.
Berrada discloses 40 - 70 dry weight% of the reinforcing filler, the reinforcing filler comprising at least one of saw dust, silicate, and glass microspheres, (See page 15, lines 3-16, Berrada; anticipates the claimed range at 40%; and “silicates”, “zeolites”).
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 40 - 70 dry weight% of the reinforcing filler, the reinforcing filler comprising at least one of saw dust, silicate, and glass microspheres as in Berrada because Soerens is directed to “personal care absorbent products”, (See paragraph [0002], Soerens), and Berrada is directed to “disposable personal hygiene products” as well, in which the reinforcing filler will “provide porosity and will drive the water more efficiently through the superabsorbent polymer”, (See page 15, lines 3-6, Berrada).
Modified Soerens does not explicitly disclose wherein the absorbent material is formed into discrete pellets.
Achille discloses wherein the absorbent material is formed into discrete pellets, (See paragraph [0039], [0033], Achille).
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 is formed into discrete pellets as in Young because Soerens is directed to “personal care absorbent products”, (See paragraph [0002], Soerens), and the compositional structure of Achille is “well suited for preparation of…disposable absorbent articles such as diapers, sanitary napkins, tampons, incontinence products”, (See Abstract, Achille), which are directed to “personal-care articles”, (See paragraph [0010], Achille), in which the pellets “do not cause plugging” or “strand dropping, delamination”, (See paragraph [0033], Achille).
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 Achille, (US 2002/0039869), in further view of Berrada et al., (“Berrada”, CA 2534026 A1, published 2006), 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 Achille, (US 2002/0039869), in further view of Berrada et al., (“Berrada”, CA 2534026 A1, published 2006), 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
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 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
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