Prosecution Insights
Last updated: April 19, 2026
Application No. 17/928,084

METHODS FOR FORMING A SUBSTRATE

Non-Final OA §103
Filed
Nov 28, 2022
Examiner
RASHID, FAZLE A
Art Unit
1748
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kimberly-Clark Worldwide Inc.
OA Round
3 (Non-Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
183 granted / 334 resolved
-10.2% vs TC avg
Strong +48% interview lift
Without
With
+48.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
5 currently pending
Career history
339
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
32.5%
-7.5% vs TC avg
§112
25.2%
-14.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 334 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/23/25 has been entered. Response to Arguments Applicant's arguments filed 10/23/25 have been fully considered but they are not persuasive. Applicant argues that Rokman does not disclose that the component is configured to be maintained in a dry environment in the component supply area, or introducing the component to the second fluid supply in an eductor. However, Rokman discloses their component is configured to be maintained in a dry environment in the component supply area (fiber introduction line 12 is weighted at scale 78, upstream of the addition of water in tank 12, paragraph 31; note that water is added with the fiber from line 12 with reference to the tank 11, i.e. not within line 12 itself; paragraph 31), and further discloses introducing and mixing the same component with the first and second supplies in an eductor to form a slurry (see Figure 7; fiber introduction line 12 - paragraphs 28, 47, and Figure 1 - supplies into line corresponding to stream 211, Figures 1 and 7, as evidenced by its position relative to head box 30; note that streams 213 are tangential to head box 30 in Figure 7). Applicant argues that Rokman does not disclose controlling a pressure difference between the discharge pressure and the first fluid supply pressure. However, Rokman discloses controlling pressure differences between the discharge from the eductor and the supply pressures (paragraphs 73-76 and 80). Specifically, paragraph 74 of Rockman discloses increasing or decreasing each of the discharge pressure and the first and second supply pressures to locally increase or decrease pressure in response to the data received from the pressure sensors 217. By minimizing any pressure difference, the basis web of the web can be maintained constant (paragraph 73). Claim Rejections - 35 USC § 103 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. 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. Claims 1-2, 4-6, 8-20, and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Rokman et al. (U.S. 2001/0004926), hereinafter referred to as Rokman. As to claim 1, Rockman discloses across multiple embodiments a method for forming a substrate comprising providing first and second fluid supplies comprising foams of water, surfactant, and fibers (first and second of foam-fiber streams 213, paragraph 71 and Figure 7; surfactant and water to make the foam, paragraph 28 and 31-32), providing a component feed system (foam-fiber-surfactant stream 211 for feeding fiber, paragraphs 28 and 31-32, 71 and Figure 7), providing a supply (fiber introduction line 12, paragraphs 28, 47, and Figure 1, supplies into line corresponding to stream 211 , Figures 1 and 7, as evidenced by its position relative to head box 30; note that streams 213 are tangential to head box 30 in Figure 7) of the component to the component feed system in a component supply area, wherein the component comprises at least one of a particular and a fiber (line 12 comprises fiber, Figure 1), wherein the component is configured to be maintained in a dry environment in the component supply area (fiber introduction line 12 is weighted at scale 78, upstream of the addition of water in tank 12, paragraph 31; note that water is added with the fiber from line 12 with reference to the tank 11, i.e. not within line 12 itself; paragraph 31) comprising a supplied component; transferring the first and second supplies, and introducing and mixing the component with the first and second supplies in an eductor to form a slurry (see Figure 7), controlling pressure differences between the discharge from the eductor and the supply pressures (paragraphs 73-76 and 80), transferring the resultant slurry to headbox 30 (see Figure 7), and dewatering to form web 33 (paragraphs 38 and 39). As to claim 10, Rockman discloses across multiple embodiments a method for forming a substrate including a component, the method comprising: providing first and second fluid supplies comprising foams of water, surfactant, and fibers (first and second of foam-fiber streams 213, paragraph 71 and Figure 7; surfactant and water to make the foam, paragraph 28 and 31-32), providing a component feed system (foam-fiber-surfactant stream 211 for feeding fiber, paragraphs 28 and 31-32, 71 and Figure 7); providing a supply (fiber introduction line 12, paragraphs 28, 47, and Figure 1, supplies into line corresponding to stream 211 , Figures 1 and 7, as evidenced by its position relative to head box 30; note that streams 213 are tangential to head box 30 in Figure 7) of the component to the component feed system in a component supply area, wherein the component comprises at least one of a particular and a fiber (line 12 comprises fiber, Figure 1), wherein the component is configured to be maintained in a dry environment in the component supply area (fiber introduction line 12 is weighted at scale 78, upstream of any addition of water in tank 12, paragraph 31; note that water added with the fiber from line 12 with reference to the tank 11, i.e. not within line 12 itself; paragraph 31); transferring the first and second supplies, and introducing and mixing the component with the first and second supplies at a mixing junction to form a slurry (see Figure 7), transferring the second fluid supply including the component through a discharge (discharge 203, Figure 7) of the mixing junction, the second fluid supply including the component being transferred at a mixing junction discharge pressure (see Figure 7), controlling pressure differences between the discharge from the mixing discharge and the supply pressures (paragraphs 73-76 and 80), transferring the resultant slurry through headbox 30 to a forming surface (see paragraph 46 and Figure 7), and dewatering to form web 33 (paragraphs 38 and 39). As to claim 11, Rockman discloses the method wherein controlling the pressure difference between the mixing junction discharge pressure and the second fluid supply pressure comprises minimizing any pressure difference between the mixing junction discharge pressure and the second fluid supply pressure, since the basis weight at any particular point is largely dependent upon the measured pressure of the slurry at that point and the basis weight is intended to be constant. (see paragraph 74). Therefore, maintaining this pressure difference to be less than or equal to 25 pounds per square inch is prima facie obvious. As to claim 12, Rockman discloses the method wherein the mixing junction comprises an eductor (see Figure 7). As to claim 18, Rockman discloses across multiple embodiments a method for forming a substrate including a component, the method comprising: providing a first fluid supply (first of foam-fiber streams 213, paragraph 71 and Figure 7; surfactant and water to make the foam, paragraph 28 and 31-32), wherein the first fluid supply is a first foam, the first foam comprising water and surfactant; providing a component feed system (foam-fiber-surfactant stream 211 for feeding fiber, paragraphs 28 and 31-32, 71 and Figure 7); providing a supply (fiber introduction line 12, paragraphs 28, 47, and Figure 1, supplies into line corresponding to stream 211 , Figures 1 and 7, as evidenced by its position relative to head box 30; note that streams 213 are tangential to head box 30 in Figure 7) of the component to the component feed system in a component supply area, wherein the component comprises at least one of a particulate and a fiber (line 12 comprises fiber, Figure 1), wherein the component is configured to be maintained in a dry environment (fiber introduction line 12 is weighted at scale 78, upstream of the addition of water in tank 12, paragraph 31; note that water added with the fiber from line 12 with reference to the tank 11, i.e. not within line 12 itself; paragraph 31) in the component supply area; transferring the first fluid supply at a first fluid supply pressure, and introducing the component to the first fluid supply in an eductor, wherein the eductor is configured such that the first fluid supply provides a motive pressure to the supply of the component to help draw the supply of the component to mix and be entrained in the first fluid supply (see Figure 7), and wherein the first fluid supply including the component exits a discharge (discharge 203, Figure 7) of the eductor at a discharge pressure to provide a resultant slurry; controlling pressure differences between the discharge from the mixing discharge and the supply pressures (paragraphs 73-76 and 80), transferring the resultant slurry through headbox 30 to a forming surface (see paragraph 46 and Figure 7), and dewatering to form web 33 (paragraphs 38 and 39). As to claims 2, 15, and 19, Rockman discloses the method wherein the first fluid comprises the plurality of fibers (see preferred embodiment, paragraph 71). As to claims 4, 13, and 22, Rockman discloses the method wherein the eductor comprises: a first inlet (stream 211, Figure 7) in fluid communication with the supply of the component; a second inlet (inlet for second of foam-fiber streams 213, Figure 7) in fluid communication with the second fluid supply; and a discharge (discharge 203, Figure 7). As to claim 5, 14, and 23, Rockman discloses the method wherein the component feed system comprises an outlet conduit, the outlet conduit comprising an outlet axis, and wherein the first inlet of the eductor comprises a first inlet axis, the first inlet axis being co-axial with the outlet axis (outlet of stream 211 is coaxial with inlet to eductor, Figure 7). As to claims 6 and 24, Rockman discloses the method wherein the component feed system comprises an outlet conduit, the outlet conduit comprising an outlet axis, and wherein the discharge comprises a discharge axis, the discharge axis being co-axial with the outlet axis (outlet of stream 211 is coaxial with discharge 203, Figure 7). As to claims 8, 16, and 20, Rockman discloses the method wherein the component is a particulate (line 12 comprises fiber, Figure 1, which meets the broadest reasonable interpretation of a particulate). As to claims 9 and 17, Rockman discloses the method wherein the particulate is superabsorbent material (most advantageously, fiber used would be highly absorbent in its end product, paragraph 50). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Abbas Rashid whose telephone number is (571)270-7457. The examiner can normally be reached 9 AM to 5 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, Alexa Neckel can be reached at 571-272-2450. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Abbas Rashid/ Supervisory Patent Examiner, Art Unit 1748
Read full office action

Prosecution Timeline

Nov 28, 2022
Application Filed
Sep 23, 2024
Non-Final Rejection — §103
Dec 30, 2024
Response Filed
Apr 17, 2025
Final Rejection — §103
Oct 23, 2025
Request for Continued Examination
Oct 24, 2025
Response after Non-Final Action
Apr 02, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+48.3%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 334 resolved cases by this examiner. Grant probability derived from career allow rate.

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