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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/11/2025 is acknowledged. The submission is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 13-21 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt (US 2005/0102801).
Regarding claim 13, Schmidt teaches an assembly (figs 7-8, assembly 195) of a device for producing a composite nonwoven fabric which comprises at least a first layer (fig. 7, para. [0031], a lowest level web transported by a conveyor 183b) and a second layer (fig. 7, short fiber layer by deposition unit 195),
wherein,
the assembly is configured to apply natural short fibers (para. [0031], unit 195 deposits short fibers upon the web transported by the conveyor 183b) to the first layer.
Schmidt does not clearly teach the assembly is designed so that the assembly can be used interchangeably as an apparatus which applies long fibers in the device.
However, Schmidt teaches from fig. 7 to fig. 8, the middle carding unit 177b is added to the main carding cylinder 175 to deposit a second long fiber web on to the lowest long fiber web; or from fig. 8 to fig. 7, the middle carding unit 177b is removed from the main carding cylinder 175 so that the short fibers are deposited on the lowest nonwoven layer.
Further Schmidt teaches it is known in the prior art, figs. 2-4 illustrate an off-line process of manufacturing the two-layer web product (para. [0013]), wherein the long-fiber web product created by the process of Fig. 3 can be substituted with a two-layer long fiber web product through implementation of the carding apparatus, in which two webs are combed from the main carding cylinder, recombined, and joined (para. [0010]); or as in fig. 4, a two-layer web product is formed by a short fiber web with a long fiber web (para. [0011]). In practice, the apparatuses of Figs. 2-4 are combinable for in-line formation of the two-layer web product (para. [0013]). Then, Schmidt suggests the apparatus applying short fibers can be exchange for the apparatus applying long fibers to form the two-layer web product (para. [0008]-[0012]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the apparatus of Schmidt with the teaching that the assembly is designed so that the assembly can be used interchangeably as an apparatus which applies long fibers in the device as it is known in the art, the apparatus applying short fibers and the apparatus applying long fibers are combinable to create two-layer web product (Schmidt, para. [0013]).
Regarding claim 14, the modified structure Schmidt teaches the natural short fibers are pulp (para. [0005]).
Regarding claim 15, the modified structure Schmidt does not clearly teach in figs. 7-8 the assembly comprises a circulating conveyor belt which comprises an upper run.
However, Schmidt teaches in fig. 6 the assembly comprises a circulating conveyor belt (fig. 6, belt 125) which comprises an upper run.
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the assembly in figs. 7-8 with a circulating conveyor belt as suggested in fig. 6 for the benefit of assisting in forming a layer of short fibers on the first long fiber web (Schmidt, para. [0016]).
Regarding claim 16, the modified structure Schmidt teaches the apparatus which applies the long fibers has a production run length (fig. 8).
The modified structure Schmidt does not teach the upper run has a length which substantially corresponds to the production run length.
However, Schmidt teaches the apparatus which applies the long fibers is parallel to the short fiber deposition unit (fig. 8).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Schmidt with the upper run having a length which substantially corresponds to the production run length for the benefit of saving cost and space in assembling and/or manufacturing multi-layer web products (Schmidt, para. [0035]).
Regarding claim 17, the modified structure Schmidt does not clearly teach in figs. 7-8 the assembly comprises a headbox which is configured to apply the natural short fibers to the first layer in an aqueous dispersion.
However, Schmidt teaches in fig. 1 the assembly comprises a headbox (fig. 1, head box 51) which is configured to apply the natural short fibers (para. [0006]) to the first layer in an aqueous dispersion (fig. 1, para. [0006], the fibers are opened, treated, blended, diluted, and refined at the pre-treatment stage 50).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine figs. 7-8 of Schmidt with the headbox configured to apply the natural short fibers to the first layer in an aqueous dispersion as suggested in fig. 1 for the benefit of distributing short fibers evenly on the web (Schmidt, para. [0006]).
Regarding claim 18, the modified structure Schmidt teaches the assembly further comprises an apparatus (fig. 7, entanglement unit 179) which is configured to consolidate the natural short fibers after the application thereof to the first layer (para. [0032]).
Regarding claim 19, the modified structure Schmidt teaches the apparatus which is configured to consolidate the natural short fibers after the application thereof to the first layer is configured as a water jet bonding apparatus (fig. 7, para. [0032]).
Regarding claim 20, Schmidt teaches a method for producing a composite nonwoven fabric comprising at least a first layer (fig. 7, para. [0031], a lowest level web transported by a conveyor 183b), which comprises long fibers, and a second layer (fig. 7, a layer of short fibers deposited by unit 195) which comprises natural short fibers (para. [0031]), with a device which comprises a first carding unit and a second carding unit (fig. 8, the device comprises three carding units), the method comprising:
providing a stock preparation system for the natural short fibers (para. [0031]);
providing an assembly for applying the natural short fibers (fig. 7, by unit 195);
providing the first layer via the first carding unit (fig. 7); and
providing the second layer via the assembly (fig. 7).
Schmidt does not explicitly teach replacing the second carding unit with the assembly for applying the natural short fibers.
However, Schmidt teaches from fig. 7 to fig. 8, the middle carding unit 177b is added to the main carding cylinder 175 to deposit a second long fiber web on to the lowest long fiber web; or from fig. 8 to fig. 7, the middle carding unit 177b is removed from the main carding cylinder 175 so that the short fibers are deposited on the lowest nonwoven layer.
Further Schmidt teaches it is known in the prior art, figs. 2-4 illustrate an off-line process of manufacturing the two-layer web product (para. [0013]), wherein the long-fiber web product created by the process of Fig. 3 can be substituted with a two-layer long fiber web product through implementation of the carding apparatus, in which two webs are combed from the main carding cylinder, recombined, and joined (para. [0010]); or as in fig. 4, a two-layer web product is formed by a short fiber web with a long fiber web (para. [0011]). In practice, the apparatuses of Figs. 2-4 are combinable for in-line formation of the two-layer web product (para. [0013]). Then, Schmidt suggests the apparatus applying short fibers can be exchange for the apparatus applying long fibers to form the two-layer web product (para. [0008]-[0012]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the apparatus of Schmidt with the teaching that replacing the second carding unit with the assembly for applying the natural short fibers because it is known in the art, the apparatus applying short fibers and the apparatus applying long fibers are combinable to create two-layer web product (Schmidt, para. [0013]).
Regarding claim 21, the modified method Schmidt teaches the natural short fibers is cellulose, and the stock preparation for the natural short fibers is pulp (para. [0005]).
Regarding claim 25, the modified structure Schmidt teaches a device for producing a composite nonwoven fabric which comprises at least two layers, the device comprising the assembly as recited in claim 13 (figs. 7-8),
wherein,
the device is configured to be modular so that the assembly is usable interchangeably for an apparatus for providing long fibers (figs. 7-8).
Regarding claim 26, the modified structure Schmidt teaches the apparatus for providing long fibers is a carding unit (fig. 8, a carded web of long fibers is deposited on the lowest web instead of the layer of short fibers as seen in fig. 7).
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt (US 2005/0102801), as applied to claim 20 above, and further in view of Weigert (US 2023/0304200).
Regarding claim 22, the modified structure Schmidt does not clearly teach the first layer comprises viscose.
However, in the same field of endeavor, Weigert teaches the first layer comprises viscose (para. [0028]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the first layer of Schmidt with viscose as taught by Weigert for the benefit of providing absorbency, softness and potential for eco-friendliness to the nonwoven web.
Regarding claim 24, the modified structure Schmidt-Weigert does not teach the first layer consists exclusively of the viscose, and the second layer consists exclusively of pulp as the natural short fibers.
However, Weigert teaches the first layer consists exclusively of the viscose (para. [0028]), and the second layer consists exclusively of pulp as the natural short fibers (para. [0048]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Schmidt-Weigert with the teaching that the first layer consists exclusively of the viscose, and the second layer consists exclusively of pulp as the natural short fibers as suggested by Weigert for the benefit of providing absorbency, softness and potential for eco-friendliness to the nonwoven web.
Response to Arguments
Applicant’s arguments, dated 11/03/2025, with respect to the rejection of claims under 35 U.S.C 112 (d) have been fully considered and are persuasive. The rejection to the claims has been withdrawn due to the applicant amendments.
Applicant’s arguments, dated 11/03/2025, with respect to the rejections of claims under 35 U.S.C 102 have been fully considered but they are moot because the new ground of rejection does not rely on reasonings applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
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/UYEN T NGUYEN/Examiner, Art Unit 3732