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 04/08/2026 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 with an apparatus which applies long fibers in the device.
However, Schmidt teaches in fig. 8, the middle carding unit 177b is added to the main carding cylinder 175 to create a Long/Long/Short/Long fiber web; and in 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 to create a Long/Short/Long fiber web; wherein the short fiber deposition unit is retrofitted with a carding apparatus as shown in fig. 6 (para. [0031], [0036]). Therefore, the position of short fiber deposition unit is moved (from the second layer in fig. 7 to the third layer in fig. 8), the short fiber deposition unit can be added or removed to the assembly as Schmidt suggests the assembly may be retrofitted with a single carding apparatus (para. [0031],[0036]).
Further Schmidt teaches it is known in the prior art (figs. 2-6), the short fiber deposition unit can be combined with the long fiber assembly in different ways to create a one layer of short fiber web (fig. 2), a one layer of long fiber web (fig. 3), a two layer of long fiber web (para. [0010]), a long/short fiber web (fig. 4) or a long/short/long fiber web (fig. 6).
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 with 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 multi-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 exchanged 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 multi-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 filed 05/06/2026 have been fully considered but they are not persuasive.
The Applicant argues that Schmidt nowhere teaches or suggests that the assembly, i.e. short fiber deposition unit 195, which is configured to apply natural short fibers to the first layer, “is designed so that the assembly can be used interchangeably with an apparatus which applies long fibers in the device” (remarks, pages 6-12).
In response, Schmidt teaches existing dry-form pulp machines may be retrofitted with a single carding apparatus (para. [0036]); the short fiber deposition unit, used in figs. 7-8, may be of the design described in connection with fig. 6 (para. [0031]), wherein fig. 6 describes an in-line process comprising a first long fiber web forming equipment C1, a short fiber deposition equipment S1 and a second long fiber web forming equipment C2. Therefore, Schmidt teaches the short fiber deposition unit can be added, removed or moved around (as the short fiber deposition unit can be added as described in the in-line process).
Further, Schmidt teaches in fig. 8, the middle carding unit 177b is added to the main carding cylinder 175 to create a Long/Long/Short/Long fiber web; and in 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 to create a Long/Short/Long fiber web. Therefore, the position of the short fiber in fig. 7 (as the second layer) is replaced by the position of the long fiber in fig. 8.
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to interchange the short fiber deposition unit with the long fiber deposition unit in the assembly of Schmidt by adding, removing or moving the short fiber deposition unit and the long fiber deposition unit in the system.
The Applicant argues that Schmidt fails to teach “replacing the second carding unit with an assembly for applying the natural short fibers”; nowhere does Schmidt anywhere teach or suggest a second carding unit; and the short fiber deposition unit 195 is always present in the embodiment (remarks, pages 13-14).
In response, the rejection is based on obviousness rejection, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
With respect to the argument that Schmidt does not teach a second carding unit, as the claims do not specify structures of the second carding unit, the combing cylinder 177b of Schmidt is equivalent to the second carding unit as the second combing cylinder 177b combs a second web from the main carding cylinder 175.
With respect to the argument Schmidt fails to teach “replacing the second carding unit with an assembly for applying the natural short fibers” and the short fiber deposition unit 195 is always present in the embodiment, Schmidt teaches Schmidt teaches in fig. 8, the middle carding unit 177b is added to the main carding cylinder 175 to create a Long/Long/Short/Long fiber web; and in 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 to create a Long/Short/Long fiber web. Therefore, the position of the long fiber in fig. 8 (as the second layer) is replaced by the position of the short fiber in fig. 7.
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 UYEN THI THAO NGUYEN whose telephone number is (571)272-8370. The examiner can normally be reached Monday-Friday 9 AM-6 PM EST.
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/UYEN T NGUYEN/Primary Examiner, Art Unit 3732
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