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 .
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.
Claims 1, 3-5, 7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Miyauchi et al. (PG Pub. 2020/0385890) in view of Shigaki et al. (JP 2010065342).
Regarding claims 1, 3-5, 7 and 9-10, Miyauchi et al. teach an absorbent article (diaper) [0046]. comprising a nonwoven fabric comprising a heat fusible composite fiber comprising a first component configured from a polyester resin [Abstract] and a second component configured from a polyethylene resin having a lower melting point than that of the first component [Abstract and 0024]. The polyester resin is polyethylene terephthalate [0023] and the polyethylene is high density polyethylene [0024]. Miyauchi et al. teaches polyethylene terephthalate with crystallinity of 18% or more [0015] which reads on the claimed heat of fusion of the polyester resub in the heat fusible composite fiber is in the claimed range. The fineness is of the heat fusible composite fiber is in the claimed range [0033]. The heat fusible composite fiber is a sheath-core type heat fusible composite fiber with the first component as a core component and a second component as a sheath component [0062]. Miyauchi et al. is silent regarding biomass derived polyethylene, fossil resource derived polyethylene and a mixing ratio (weight ratio) of the two and biomass derived content in the polyethylene resin, heat fusible composite fiber, and polyester. However, Shigaki et al. teach biomass derived polyethylene, fossil resource derived polyethylene and a mixing ratio (weight ratio) of biomass derived polyethylene and fossil resource derived polyethylene in the claimed range and the biomass derived content in the polyethylene resin, heat fusible composite fiber and the polyester in the claimed range [examples] in order to achieve low environmental impact and carbon neutrality. It would have been obvious to one of ordinary skill in the art to use the biomass derived polyethylene, fossil resource derived polyethylene and a mixing ratio (weight ratio) of biomass derived polyethylene and fossil resource derived polyethylene in the claimed range as taught by Shigaki et al. in Miyauchi et al. in order to achieve low environmental impact and carbon neutrality and arrive at the claimed invention.
Response to Arguments
Applicant’s arguments, see Remarks, filed 10/15/2025, with respect to the rejection(s) of the claims under 35 USC 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Miyauchi in view of Shigaki.
Art Not Used but Relevant
PG Pub. 2013/0022784 teaches a nonwoven with sheath core fiber with polyester and polyethylene.
Conclusion
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/Shawn Mckinnon/Examiner, Art Unit 1789
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