Claims 1, and 3-19 are pending in the application. Claim 2 has been cancelled. Claims 14-19 have been withdrawn from consideration as being directed to a non-elected invention. Claims 1, and 3-13 are rejected.
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.
Claims 1, 3-5, and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 6,518,479 to Graef et al. (hereinafter “Graef”).
As to claims 1, 8 and 12, Graef discloses a unitary stratified composite comprising a first stratum and a second stratum integrally connected by a transition zone (abstract). The transition zone is co-extensive with the first stratum and the second stratum (column 4, lines 10-15). The transition zone contains a blend of fibers of the first stratum and the second stratum (column 4, lines 15-20). The unitary stratified composite has a pore size gradient to provide liquid drainage away from the first stratum (column 6, lines 30-40). The second stratum has smaller pore size and more hydrophilic than the first stratum. The acquired liquid flows away from the first stratum to the more hydrophilic second stratum having smaller pores (column 6, lines 30-40). The capillary pressure is known as the force to draw the liquid into the material. The capillary pressure is thus influenced by pore size of the material. When the first stratum with larger pores is saturated, the liquid will be drawn into the second stratum with smaller pores where the capillary forces are higher, as the high capillary force in the second stratum creates a pressure gradient to promote the liquid movement. As a result, the composite material has a gradient capillary pressure to move the liquid from the first to the second stratum.
The first stratum and second stratum are obtained from a foam slurry including fibers, a binder and a surfactant (column 14, lines 5-10; and example 3). The first stratum comprising PET fibers, and having a basis weight of about 22 g/m2, corresponds to the second foam formed layer (column 20, lines 35-45). The second stratum comprising cellulose fibers, and having a basis weight of about 70 g/m2, corresponds to the first foam formed layer (column 20, lines 35-45). The unitary stratified composite thus contains 24 wt% of the first stratum and 76 wt% of the second stratum.
First stratum: 22/(22+70) = 24%
Second stratum: 70/(22+70) = 76%
The transition zone contains mixed fibers from the first stratum and the second stratum. At best, the unitary stratified composite would contain less than 24 wt% of the transition zone. The first stratum reads on the claimed second foam layer while the second stratum reads on the first foam layer.
Graef does not disclose (i) the second stratum or the claimed first foam layer having a capillary pressure greater than 33 KPa at 0% saturation; and (ii) the transition zone comprising about 5 wt% to 50 wt% of the unitary stratified composite.
However, it appears that the unitary stratified composite of Graef meets all structural limitations and chemistry required by the claim.
The unitary stratified composite comprises a first stratum and a second stratum integrally connected by a transition zone (abstract). The transition zone is co-extensive with the first stratum and the second stratum (column 4, lines 10-15). The transition zone contains a blend of fibers of the first stratum and the second stratum (column 4, lines 15-20). The unitary stratified composite has a pore size gradient to provide liquid drainage away from the first stratum (column 6, lines 30-40). The second stratum has smaller pore size and more hydrophilic than the first stratum. The acquired liquid flows away from the first stratum to the more hydrophilic second stratum having smaller pores (column 6, lines 30-40). The capillary pressure is known as the force to draw the liquid into the material. The capillary pressure is thus influenced by pore size. When the first stratum with larger pores is saturated, the liquid will be drawn into the second stratum with smaller pores where the capillary forces are higher, as the high capillary force in the second stratum creates a pressure gradient to promote the liquid movement. Further, the second stratum has higher capillary force which effectively pulls the liquid to it. The composite material has a gradient capillary pressure to move the liquid from the first to the second stratum.
The first stratum and second stratum are obtained from a foam slurry including fibers, a binder and a surfactant (column 14, lines 5-10; and example 3). The first stratum comprising PET fibers, and having a basis weight of about 22 g/m2, corresponds to the second foam formed layer (column 20, lines 35-45). The second stratum comprising cellulose fibers, and having a basis weight of about 70 g/m2, corresponds to the first foam formed layer (column 20, lines 35-45). The unitary stratified composite thus contains 24 wt% of the first stratum and 76 wt% of the second stratum. The first stratum reads on the claimed second foam layer while the second stratum reads on the first foam layer.
Therefore, the examiner takes the position that the capillary pressure greater than 33 KPa at 0% saturation would inherently be present to the second stratum as like material has like property.
As previously discussed, the unitary stratified composite comprises less than 24 wt% of the transition zone. This overlaps the claimed range.
In the case, where the claimed ranges overlap or touch the range disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257,191 USPQ90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997).
The claim is not rendered unobvious because discovering the optimum or workable ranges involves only routine skill in the art. Difference in the weight of the transition zone will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such the weight of the transition zone is critical or provides unexpected results.
Therefore, in the absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the transition zone having a weight in the range instantly claimed, motivated by the desire to promote the adhesion strength. This is in line with In re Aller, 105 USPQ 233 which holds discovering the optimum or workable ranges involves only routine skill in the art.
As to claims 3 and 4, the composite material is an absorbent article (column 3, lines 40-45).
As to claim 5, the second stratum that comprises cellulose fibers corresponding to the claimed first foam formed layer (column 18, lines 1-5).
As to claim 7, the transition zone contains a blend of fibers of the first stratum and the second stratum (column 4, lines 15-20).
As to claim 9, Graef does not disclose the first stratum layer having a capillary pressure less than 33 KPa at 0% saturation.
However, it appears that the unitary stratified composite of Graef meets all structural limitations and chemistry required by the claim.
The unitary stratified composite comprises a first stratum and a second stratum integrally connected by a transition zone (abstract). The transition zone is co-extensive with the first stratum and the second stratum (column 4, lines 10-15). The transition zone contains a blend of fibers of the first stratum and the second stratum (column 4, lines 15-20). The unitary stratified composite has a pore size gradient to provide liquid drainage away from the first stratum (column 6, lines 30-40). The second stratum has smaller pore size and more hydrophilic than the first stratum. The acquired liquid flows away from the first stratum to the more hydrophilic second stratum having smaller pores (column 6, lines 30-40). The capillary pressure is known as the force to draw the liquid into the material. The capillary pressure is thus influenced by pore size of the material. When the first stratum with larger pores is saturated, the liquid will be drawn into the second stratum with smaller pores where the capillary forces are higher, as the high capillary force in the second stratum creates a pressure gradient to promote the liquid movement. As a result, the composite material has a gradient capillary pressure to move the liquid from the first to the second stratum.
The first stratum and second stratum are obtained from a foam slurry including fibers, a binder and a surfactant (column 14, lines 5-10; and example 3). The first stratum comprising PET fibers, and having a basis weight of about 22 g/m2, corresponds to the second foam formed layer (column 20, lines 35-45). The second stratum comprising cellulose fibers, and having a basis weight of about 70 g/m2, corresponds to the first foam formed layer (column 20, lines 35-45). The unitary stratified composite thus contains 24 wt% of the first stratum and 76 wt% of the second stratum. The transition zone contains mixed fibers from the first stratum and the second stratum. At best, the unitary stratified composite would contain less than 24 wt% of the transition zone.
Therefore, the examiner takes the position that the capillary pressure less than 33 KPa at 0% saturation would inherently be present to the first stratum as like material has like property.
As to claims 10 and 11, Graef does not disclose the unitary stratified composite exhibiting an absorbent capacity of 5.5 g/g or greater, and an absorbent rate of 1.6 ((g/g)*sec0.5) or greater using a Gravimetric Absorbency Testing System (GATS) according to the M/K system GATS test using Analysis Program Version 4.3.4. However, it appears that the unitary stratified composite of Graef meets all structural limitations and chemistry required by the claim.
The unitary stratified composite comprises a first stratum and a second stratum integrally connected by a transition zone (abstract). The transition zone is co-extensive with the first stratum and the second stratum (column 4, lines 10-15). The transition zone contains a blend of fibers of the first stratum and the second stratum (column 4, lines 15-20). The unitary stratified composite has a pore size gradient to provide liquid drainage away from the first stratum (column 6, lines 30-40). The second stratum has smaller pore size and more hydrophilic than the first stratum. The acquired liquid flows away from the first stratum to the more hydrophilic second stratum having smaller pores (column 6, lines 30-40). The capillary pressure is known as the force to draw the liquid into the material. The capillary pressure is thus influenced by pore size of the material. When the first stratum with larger pores is saturated, the liquid will be drawn into the second stratum with smaller pores where the capillary forces are higher, as the high capillary force in the second stratum creates a pressure gradient to promote the liquid movement. As a result, the composite material has a gradient capillary pressure to move the liquid from the first to the second stratum.
The first stratum and second stratum are obtained from a foam slurry including fibers, a binder and a surfactant (column 14, lines 5-10; and example 3). The first stratum comprising PET fibers, and having a basis weight of about 22 g/m2, corresponds to the second foam formed layer (column 20, lines 35-45). The second stratum comprising cellulose fibers, and having a basis weight of about 70 g/m2, corresponds to the first foam formed layer (column 20, lines 35-45). The unitary stratified composite thus contains 24 wt% of the first stratum and 76 wt% of the second stratum. The transition zone contains mixed fibers from the first stratum and the second stratum. At best, the unitary stratified composite would contain less than 24 wt% of the transition zone.
Therefore, the examiner takes the position that the absorbent capacity of 5.5 g/g or greater, and the absorbent rate of 1.6 ((g/g)*sec0.5) or greater would be present as like material has like property. This is in line with In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) which holds that if the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, the claimed properties or functions will be presumed to be inherent. The burden is shifted to the applicant to show unobvious differences between the claimed product and the prior art product.
As to claim 13, the first stratum comprising PET fibers, and having a basis weight of about 22 g/m2, corresponds to the second foam layer (column 20, lines 35-45). The second stratum comprising cellulose fibers, and having a basis weight of about 70 g/m2, corresponds to the first foam layer (column 20, lines 35-45). The unitary stratified composite contains 24 wt% of the first stratum or the claimed second foam layer. This is within the claimed range.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Graef as applied to claim 1 above, further in view of US 2007/0255243 to Kaun et al. (hereinafter “Kaun”).
Graef does not disclose that the first stratum or the claimed second foam layer comprises elastomeric polymer fibers.
Kaun, however, discloses a stratified composite 10 having a low capacity region 11, a high capacity region 12 and a transition zone 13 between the low and high capacity regions wherein the low and high capacity regions are coextensive with each other (figure 1A).
PNG
media_image1.png
199
412
media_image1.png
Greyscale
The high capacity region comprises 1 to 10 wt% of elastomeric polymer fibers, and 60 to 98 wt% of superabsorbent material (abstract). The low capacity region comprises at least 10 wt% of elastomeric polymer fibers, and less than 10 wt% of superabsorbent material (abstract).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include elastomeric polymer fibers from Kaun in the first stratum of Graef motivated by desire to provide great elasticity while achieving aesthetic attributes such as touch and feel.
Response to Arguments
The 102 rejection over Graef has been withdrawn in view of the present amendment and response.
Guimond I does not teach the first foam layer having a capillary pressure greater than 33 KPa at 0% saturation. However, the combination of Guimond I and Graef suggests that. As a result of this, the rejection over Guimond I in view of Graef have been withdrawn in favor of the 103 rejection over Graef.
Applicant alleges that nowhere does Graef disclose or suggest the first foam layer having a capillary pressure greater than 33 kPa at 0% saturation and the crossover zone comprising 5 to 50 wt% of the unitary stratified composite.
The examiner respectfully disagrees.
it appears that the unitary stratified composite of Graef meets all structural limitations and chemistry required by the claim.
The unitary stratified composite comprises a first stratum and a second stratum integrally connected by a transition zone (abstract). The transition zone is co-extensive with the first stratum and the second stratum (column 4, lines 10-15). The transition zone contains a blend of fibers of the first stratum and the second stratum (column 4, lines 15-20). The unitary stratified composite has a pore size gradient to provide liquid drainage away from the first stratum (column 6, lines 30-40). The second stratum has smaller pore size and more hydrophilic than the first stratum. The acquired liquid flows away from the first stratum to the more hydrophilic second stratum having smaller pores (column 6, lines 30-40). The capillary pressure is known as the force to draw the liquid into the material. The capillary pressure is thus influenced by pore size. When the first stratum with larger pores is saturated, the liquid will be drawn into the second stratum with smaller pores where the capillary forces are higher, as the high capillary force in the second stratum creates a pressure gradient to promote the liquid movement. Further, the second stratum has higher capillary force which effectively pulls the liquid to it. The composite material has a gradient capillary pressure to move the liquid from the first to the second stratum.
The first stratum and second stratum are obtained from a foam slurry including fibers, a binder and a surfactant (column 14, lines 5-10; and example 3). The first stratum comprising PET fibers, and having a basis weight of about 22 g/m2, corresponds to the second foam formed layer (column 20, lines 35-45). The second stratum comprising cellulose fibers, and having a basis weight of about 70 g/m2, corresponds to the first foam formed layer (column 20, lines 35-45). The unitary stratified composite thus contains 24 wt% of the first stratum and 76 wt% of the second stratum. The first stratum reads on the claimed second foam layer while the second stratum reads on the first foam layer.
Therefore, the examiner takes the position that the capillary pressure greater than 33 KPa at 0% saturation would inherently be present to the second stratum as like material has like property.
As previously discussed, the unitary stratified composite comprises less than 24 wt% of the transition zone. This overlaps the claimed range.
In the case, where the claimed ranges overlap or touch the range disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257,191 USPQ90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997).
The claim is not rendered unobvious because discovering the optimum or workable ranges involves only routine skill in the art. Difference in the weight proportion of the transition zone will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such the weight proportion of the transition zone is critical or provides unexpected results.
Therefore, in the absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the transition zone having a weight proportion in the range instantly claimed, motivated by the desire to promote the adhesion strength. This is in line with In re Aller, 105 USPQ 233 which holds discovering the optimum or workable ranges involves only routine skill in the art.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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, Alicia Chevalier can be reached on 571-272-1490. 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.
/Hai Vo/
Primary Examiner
Art Unit 1788