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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 8/7/2025 is acknowledged. The traversal is on the ground(s) that amended claim 7 recite the limitations of claim 1. This is not found persuasive because, as discussed in the restriction requirement, inventions drawn to a product and the process of using the product can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. In the instant case, even if the method of use claim all of the limitations of the disposable cover, the cover can still be used in a materially different process of using the product, such as where the entire article is replaced instead of just a section, as previously discussed in the restriction requirement.
The requirement is still deemed proper and is therefore made FINAL.
Claims 7-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/7/2025.
Notice to Applicant
Claims 1-6 have been examined in this application. This communication is the first action on the merits of these claims.
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.
Claim 1 is rejected under 35 USC 103 as being obvious over US Patent Application Number 2006/0286334 by Harpole.
Regarding claim 1, Harpole discloses a disposable article (mat 1) for covering an animal enclosure (this is an intended use for the article), the article comprising:
a plurality of layers (paragraph 6 discloses “The mat comprises a laminate of nonwoven layers, with each layer having one or more plies, bonded to a liquid-impermeable polymer film layer”);
wherein each layer is disposed one on top of another (see Figures 1 and 2);
wherein each layer comprises a plurality of individual sections (120a, b, c);
wherein each section is connected along a perforated edge (weakening line 100), and each section is configured to be removed separately from the layer without removing the layer from the enclosure (paragraph 39 discloses “The ‘weakening line’ is a region of the nonwoven web laminate 5 made less strong so as to permit easy separation along the weakening line either longitudinally or transverse or at an angle to the plane of the mat”); and
wherein the article comprises an absorbent disposable material adapted for absorbing animal waste (the abstract discloses “An absorbent mat designed to be placed on hospital floors in order to catch and absorb bodily fluids and other liquids”).
Harpole does not disclose the individual sections being square. However, it would have been an obvious matter of design choice to make the different portions of the mat of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claims 2-4 are rejected under 35 USC 103 as being obvious over US Patent Application Number 2006/0286334 by Harpole in view of US Patent Application Number 2001/0009142 by Otsuji.
Regarding claim 2, Harpole does not disclose the article comprising a water-soluble material. However, this limitation is taught by Otsuji. Otsuji discloses an absorbent mat, and paragraph 38 discloses the mat having antimicrobial agents that are preferably water soluble. It would be obvious to a person having ordinary skill in the art to modify Harpole using the teachings from Otsuji in order to use known types of antimicrobial agents in order to better control odors from the mat.
Regarding claim 3 (dependent on claim 1), Otsuji further teaches the article comprises an organic plant fiber material. Paragraph 33 discloses “The absorbing base material comprises at least one of plant fiber and pulp”.
Regarding claim 4 (dependent on claim 1), Otsuji further teaches the article comprises a readily recyclable biodegradable material. Paragraph 33 discloses “The absorbing base material comprises at least one of plant fiber and pulp”. Plant fibers are readily recyclable biodegradable materials.
Claim 5 is rejected under 35 USC 103 as being obvious over US Patent Application Number 2006/0286334 by Harpole in view of WO 2008026682 to Iwasaki.
Regarding claim 5 (dependent on claim 1), Harpole does not disclose the article comprising an antibacterial material. However, this limitation is taught by Iwasaki. Iwasaki discloses a floor mat for raising animals, and paragraph 18 discloses “In order to suppress the occurrence of mold, natural antibacterial agents such as chitosan derived from crab shell, and the like, including paper, etc. It may be applied to the sheet-shaped packaging material 20”. It would be obvious to a person having ordinary skill in the art to modify Harpole using the teachings from Iwasaki in order to inhibit mold growth on the mat.
Claim 6 is rejected under 35 USC 103 as being obvious over US Patent Application Number 2006/0286334 by Harpole in view of US Patent Application 2018/0125027 by Spiers.
Regarding claim 6 (dependent on claim 1), Harpole does not disclose the article comprises a color that camouflages with a habitat within the animal enclosure. However, this limitation is taught by Spiers. Spiers discloses animal waste collection pads in a variety of patterns including camouflaged prints, as well as various colors that can camouflage with a habitat depending on the color of the habitat. It would be obvious to a person having ordinary skill in the art to modify Harpole using the teachings from Spiers in order to make the mat more aesthetic for the environment that it’s used in.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642