DETAILED ACTIONNotice 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 .
Drawings
The drawings are objected to because of the following informalities:
In Figure 8, rewrite the first and third labels of the legend to read “Non-Permeable Layer” and “Permeable Layer” instead of “Non-Permable Layer” and “Permable Layer”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In Paragraph 0032 of the specification, “a layer of \luff (processed pulp) 400” should read “a layer of fluff (processed pulp) 400”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, and 8-9 of U.S. Patent No. 10,882,295, herein known as ‘295. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3, 5, and 8-9 of ‘295 meet all the limitations of the instant claims.
Claim 1 corresponds to Claim 1 of ‘295 (Claim 1, Col. 19 of ‘295; An absorbent pad comprising: a first, outer layer comprising a permeable or non-permeable film: a second, outer layer comprising a permeable or non-permeable film, placed on a side of the pad opposite the first, outer layer; a third layer disposed between the first layer and the second layer… with at least one chemical agent or system fixed in the third layer and being either activated by contact with or soluble in a liquid… the at least one chemical agent or system being in a predetermined amount distributed substantially uniformly… a fourth layer disposed between the first layer and the second layer… the third layer being joined to the fourth layer to serve as a substrate for the fourth layer and in fluid communication with the fourth layer).
Claim 2 corresponds to Claim 8 of ‘295 (Claim 8, Col. 20 of ‘295; wherein the at least one chemical agent or system embedded in the third layer has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging or antimicrobial properties).
Claim 3 corresponds to Claim 3 of ‘295 (Claim 3, Col. 19 of ‘295; wherein the third layer comprises a first tissue laminate comprising at least two cellulose tissue plies laminated to form a part of the third layer with the at least one chemical agent or system fixed between the plies).
Claim 4 corresponds to Claim 1 of ‘295 (Claim 1, Col. 19 of ‘295, lines 35-38; a third layer disposed between the first layer and the second layer, and comprising a tissue laminate comprising at least a first ply and a second ply, with at least one chemical agent or system fixed in the third layer).
Claim 5-7 correspond to Claims 5 and 9 of ‘295 (Claim 9, Col. 20 of ‘295; wherein the at least one chemical agent or system embedded in the fourth layer has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging or antimicrobial properties; Claim 5, Col. 19 of ‘295; wherein the fourth layer is a sheet of fluff, with at least one chemical agent or system dispersed in granular form in the fourth layer, which is activated by contact with a liquid).
Claim 8 corresponds to Claim 2 of ’295 (Claim 2, Col. 19 of ‘295; wherein the fourth layer is disposed between the third layer and the second layer or between the third layer and the second layer).
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 8-9 of U.S. Patent No. 11,794,464, herein known as ‘464. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-5 and 8-9 of ‘464 meet all the limitations of the instant claims.
Claim 1 corresponds to Claim 1 of ‘464 (Claim 1, Col. 19 of ‘464; An absorbent pad comprising: a first, outer layer comprising a permeable or non-permeable material: a second, outer layer comprising a permeable or nonpermeable material, placed on a side of the pad opposite the first, outer layer; a third layer disposed between the first layer and the second layer… with at least one chemical agent or system fixed in the third layer and being activated by contact with a fluid, the at least one chemical agent or system being in a predetermined amount distributed substantially uniformly per unit area… a fourth layer disposed between the first layer and the second layer… , the third layer being joined to the fourth layer to serve as a substrate for the fourth layer and being in fluid communication with the fourth layer).
Claim 2 corresponds to Claim 8 of ‘464 (Claim 8, Col. 20 of ‘464; wherein the at least one chemical agent or system fixed in the third layer has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging, odor-removing, color- or taste-removing or changing, or antimicrobial properties).
Claim 3 corresponds to Claims 3-4 of ‘464 (Claim 3, Col. 20 of ‘464; the third layer comprises at least two plies forming a volume in the third layer loaded with the at least one chemical agent or system; Claim 4, Col. 20 of ‘464; the third layer comprises at least two plies of a cellulose or cotton-based or similar absorbent-based material).
Claim 4 corresponds to Claim 1 of ‘464 (Claim 1, Col. 19 of ‘464; a third layer disposed between the first layer and the second layer, and comprising at least a first ply and a second ply, with at least one chemical agent or system fixed in the third layer… being in a predetermined amount distributed substantially uniformly per unit area between the at least first ply and second ply).
Claim 5-7 correspond to Claims 5 and 9 of ‘464 (Claim 9, Col. 20 of ‘464; The absorbent pad of claim 5, wherein the at least one chemical agent or system embedded in the fourth layer has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging, odor-removing, color- or taste-removing or changing, or antimicrobial properties; Claim 5, Col. 20 of ‘464; the fourth layer is a sheet of fluff, with at least one chemical agent or system dispersed in granular form in the fourth layer, which is activated by fluid).
Claim 8 corresponds to Claim 2 of ’464 (Claim 2, Col. 19 of ‘464; wherein the fourth layer is disposed between the third layer and the second layer or between the third layer and the first layer).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 8 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 8 recites the limitation “wherein the fourth layer is disposed between the third layer and the second layer or between the third layer and the first layer”. However, as in Claim 1, since both the third layer and the fourth layer are disposed between the first layer and second layer, the limitation of Claim 8 encompasses all possibilities. Therefore, Claim 8 fails to further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Versteylen et al. (US 2015/0093478 A1).
With regard to Claims 1 and 3-4, Versteylen teaches an absorbent pad comprising a first, outer layer comprising a permeable or non-permeable material and a second, outer layer comprising a permeable or non-permeable material, placed on a side of the pad opposite the first layer (Fig. 2, Paragraph 0026, Absorbent pad 10 has a top layer 12, and a bottom layer 14 opposite top layer 12).
Versteylen teaches a third layer disposed between the first layer and the second layer, the third layer comprising at least one chemical agent or system fixed and distributed substantially uniformly in the third layer and being activated by contact with a fluid, wherein the third layer further comprises a cellulosic material mixed with the at least one chemical agent, and at least a first ply and a second ply with the at least one chemical agent or system disposed therebetween (Fig. 2, Paragraph 0034, Absorbent pad 10 preferably includes a laminate 19 positioned between top layer 12 and bottom layer 14… Laminate 19 is made of one or more plies of a cellulosic material, an adhesive (such as glue) or binder, and preferably includes an active agent; Paragraph 0036, laminate 19 can incorporate large amounts of an active agent in a relatively thin structure… An exemplary embodiment of laminate 19 is a cellulosic material and activated carbon that is uniformly distributed therein to form one or more plies of the laminate).
Versteylen teaches a fourth layer disposed between the first layer and the second layer, the third layer being joined to the fourth layer to serve as a substrate for the fourth layer and being in fluid communication with the fourth layer (Fig. 2, Paragraph 0026, Between top layer 12 and bottom layer 14 is an absorbent body 16 made of one or more layers of an absorbent and/or superabsorbent material; Paragraph 0031, Absorbent body 16 is preferably made of an absorbent material that is one or more layers of tissue 17; Paragraph 0034, laminate 19 is preferably a part of absorbent body 16, along with tissue layers 17 and/or other absorbent material).
With regard to Claim 2, Versteylen teaches the absorbent pad wherein the at least one chemical agent or system has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging, odor-removing, color- or taste-removing or changing, or antimicrobial properties (Claim 17, the laminate includes a plurality of active agents, the plurality of active agents comprising activated carbon, an antimicrobial agent, and an oxygen scavenger, wherein the laminate reduces confinement odor; Paragraph 0055, activated carbon reduces or eliminates discoloration that may otherwise discolor absorbent pad 10 or the vacuum-packaged food product; Paragraph 0049, Other active agents that can be used in absorbent pad 10, include, but are not limited to, an ethylene scavenger, CO2 generating system, chlorine dioxide (ClO2), O2 scavenger, or any combinations thereof, which can be used with activated carbon and/or an antimicrobial).
With regard to Claims 5 and 6, Versteylen teaches the absorbent pad wherein the fourth layer comprises at least one chemical agent or system and the at least one chemical agent or system of the fourth layer has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging, odor-removing, color- or taste-removing or changing, or antimicrobial properties, wherein the at least one chemical agent or system of the fourth layer is activated by fluid (Paragraph 0031, The number of tissue layers 17, as well their arrangement in the pad architecture of absorbent pad 10, can vary to regulate the absorption for the absorbent pad, as well as to regulate activation of any active agents therein; Paragraph 0038, absorbent pad 10 has an active agent that is an activated carbon and an antimicrobial agent (or a mixture of antimicrobial agents) that prevents degradation of the food product by microorganisms. The active agent can be disposed in absorbent body 16;
Paragraph 0055, activated carbon reduces or eliminates discoloration that may otherwise discolor absorbent pad 10 or the vacuum-packaged food product; Paragraph 0049, Other active agents that can be used in absorbent pad 10, include, but are not limited to, an ethylene scavenger, CO2 generating system, chlorine dioxide (ClO2), O2 scavenger, or any combinations thereof, which can be used with activated carbon and/or an antimicrobial).
With regard to Claim 7, Versteylen teaches the absorbent pad wherein the fourth layer comprises processed wood pulp (Paragraph 0031, Besides tissue, the absorbent material can also be fluff pulp). The instant specification defines fluff as processed wood pulp (Paragraph 0032 of instant specification, Wood pulp is received in a 1-2mm thickness sheet. The wood pulp is put in a hammer mill to create fluff to increase pulp absorbency).
With regard to Claim 8, Versteylen teaches the absorbent pad wherein the fourth layer is disposed between the third layer and the second layer or between the third layer and the first layer (Fig. 2, Paragraph 0034, Absorbent pad 10 preferably includes a laminate 19 positioned between top layer 12 and bottom layer 14; Paragraph 0060, positioning a larger number of tissue layers 17 above and/or below laminate 19 can delay activation and extend release of an active agent in laminate 19).
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Versteylen et al. (US 2012/0003372 A1), herein known as Versteylen’372.
With regard to Claims 1 and 3-4, Versteylen’372 teaches an absorbent pad comprising a first, outer layer comprising a permeable or non-permeable material and a second, outer layer comprising a permeable or non-permeable material, placed on a side of the pad opposite the first layer (Fig. 1, Paragraph 0020, absorbent food pad 10 has a top layer 12, and a bottom layer 14 opposite top layer 12).
Versteylen’372 teaches a third layer disposed between the first layer and the second layer, the third layer comprising at least one chemical agent or system fixed and distributed substantially uniformly in the third layer and being activated by contact with a fluid, wherein the third layer further comprises a cellulosic material mixed with the at least one chemical agent, and at least a first ply and a second ply with the at least one chemical agent or system disposed therebetween (Fig. 3, Paragraph 0025, absorbent food pad 10 has a laminate layer 18 with absorbent material that is positioned between top layer 12 and bottom layer 14, and between absorbent tissue layers 16. Laminate 18 is one or more plies of a cellulosic material (two plies are shown), and can optionally include an active agent. In still another exemplary embodiment, laminate 18 is made of a mixture of cellulosic material and a CO2-generation system (active agent) that is a mixture of citric acid and sodium bicarbonate, which, when activated with water or other liquid, react with each other to generate CO2).
Versteylen’372 teaches a fourth layer disposed between the first layer and the second layer, the third layer being joined to the fourth layer to serve as a substrate for the fourth layer and being in fluid communication with the fourth layer (Figs. 1-2; Paragraph 0020, Between top layer 12 and bottom layer 14 are one or more absorbent layers 16, preferably tissue layers, Fig. 3; Paragraph 0025, absorbent food pad 10 has a laminate layer 18 with absorbent material that is positioned between top layer 12 and bottom layer 14, and between absorbent tissue layers 16; Paragraph 0030, The amount of exuded liquids that can be absorbed and retained by absorbent layers 16 and/or laminate 18 depends primarily on the nature of absorbent material and the number of absorbent layers).
With regard to Claim 2, Versteylen’372 teaches the absorbent pad wherein the at least one chemical agent or system has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging, odor-removing, color- or taste-removing or changing, or antimicrobial properties (Paragraph 0041, Active agent 25 includes, but is not limited to, one or more antimicrobial agent, one or more atmosphere modification system, or any combinations thereof… Examples of atmosphere modification systems can be a carbon dioxide generation system, oxygen scavenging system, ethylene blocking or scavenging system, or any combination).
With regard to Claims 5 and 6, Versteylen’372 teaches the absorbent pad wherein the fourth layer comprises at least one chemical agent or system and the at least one chemical agent or system of the fourth layer has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging, odor-removing, color- or taste-removing or changing, or antimicrobial properties, wherein the at least one chemical agent or system of the fourth layer is activated by fluid (Claim 2, further comprising an active agent present in said absorbent layer; Paragraph 0026, An active agent 25 may be present in (or on) one or more absorbent layers 16 and/or laminate layer 18 in absorbent food pad 10; Paragraph 0041, Active agent 25 includes, but is not limited to, one or more antimicrobial agent, one or more atmosphere modification system, or any combinations thereof… Examples of atmosphere modification systems can be a carbon dioxide generation system, oxygen scavenging system, ethylene blocking or scavenging system, or any combination).
With regard to Claim 7, Versteylen’372 teaches the absorbent pad wherein the fourth layer comprises processed wood pulp (Paragraph 0033, Absorbent layers 16 are made of absorbent and/or superabsorbent material that absorbs moisture and liquids that exude from a food product placed on absorbent food pad 10. Each absorbent layer 16 itself can be formed of one or more cellulosic layers adjacent to each other or joined together to form the absorbent layer. Examples of absorbent material include, but are not limited to, natural tissue, fluff pulp, cellulosic material). The instant specification defines fluff as processed wood pulp (Paragraph 0032 of instant specification, Wood pulp is received in a 1-2mm thickness sheet. The wood pulp is put in a hammer mill to create fluff to increase pulp absorbency).
With regard to Claim 8, Versteylen’372 teaches the absorbent pad wherein the fourth layer is disposed between the third layer and the second layer or between the third layer and the first layer (Fig. 3; Paragraph 0025, absorbent food pad 10 has a laminate layer 18 with absorbent material that is positioned between top layer 12 and bottom layer 14, and between absorbent tissue layers 16, Fig. 2; Paragraph 0033, Each absorbent layer 16 itself can be formed of one or more cellulosic layers adjacent to each other or joined together to form the absorbent layer).
Claims 1-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jensen et al. (US 2013/0095215 A1).
With regard to Claim 1 and 3-4, Jensen teaches an absorbent pad comprising a first, outer layer comprising a permeable or non-permeable material and a second, outer layer comprising a permeable or non-permeable material, placed on a side of the pad opposite the first layer (Fig. 5; Paragraph 0036, an exemplary embodiment of absorbent food pad 70 has a top layer 72 and a bottom layer 74 separated by one or more layers of an absorbent material 76).
Jensen teaches a third layer disposed between the first layer and the second layer, the third layer comprising at least one chemical agent or system fixed and distributed substantially uniformly in the third layer and being activated by contact with a fluid, wherein the third layer further comprises a cellulosic material mixed with the at least one chemical agent, and at least a first ply and a second ply with the at least one chemical agent or system disposed therebetween (Fig. 5; Paragraph 0040, Absorbent food pad 70 can have one or more absorbent laminate layer 84 that has one or more plies of a cellulosic material and an active agent. In an exemplary embodiment, laminate layer 84 is made of a mixture of cellulosic material and a CO2-generation system (active agent 82) that is a mixture of citric acid and sodium bicarbonate, which, when activated by water or other liquid from the cut produce, react with each other to generate CO2 that is released into the food package environment. Laminate layer 84 can be positioned directly adjacent top layer 72 or bottom layer 74, but is more typically positioned between tissue layers… the amount of active agents can be uniformly distributed in a laminate layer).
Jensen teaches a fourth layer disposed between the first layer and the second layer, the third layer being joined to the fourth layer to serve as a substrate for the fourth layer and being in fluid communication with the fourth layer (Fig. 5; Paragraph 0039, Absorbent material 76 can be one or more tissue layers 78 that absorb liquids exuded from the cut produce in the food package. Each tissue layer 78 is made of a sheet of cellulose tissue, and can itself be formed of one or more individual tissues that are joined together to form the tissue layer; Paragraph 0040, Laminate layer 84 can be positioned directly adjacent top layer 72 or bottom layer 74, but is more typically positioned between tissue layers).
With regard to Claim 2, Jensen teaches the absorbent pad wherein the at least one chemical agent or system has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging, odor-removing, color- or taste-removing or changing, or antimicrobial properties (Paragraph 0041, Examples of active agents 82 include, but are not limited to, components of a CO2-generation system, an oxygen scavenging system, an ethylene inhibitor (e.g., ethylene scavenger, ethylene antagonist), a fungal inhibitor (e.g., botrytis inhibitor), an antimicrobial, or any combinations thereof).
With regard to Claims 5 and 6, Jensen teaches the absorbent pad wherein the fourth layer comprises at least one chemical agent or system and the at least one chemical agent or system of the fourth layer has a functionality of carbon dioxide generation, super absorption, ethylene scavenging or inhibiting, oxygen scavenging, odor-removing, color- or taste-removing or changing, or antimicrobial properties, wherein the at least one chemical agent or system of the fourth layer is activated by fluid (Claim 17, a second tissue layer that is one or more tissues; and an active agent in any of the first tissue layer, second tissue layer, and/or laminate layer; Paragraph 0043, The number and position of tissue layers 78, as well as their arrangement in the overall configuration of absorbent food pad 70, can be varied to regulate the absorption of liquids, as well as activation of any active agents therein; Paragraph 0041, Examples of active agents 82 include, but are not limited to, components of a CO2-generation system, an oxygen scavenging system, an ethylene inhibitor (e.g., ethylene scavenger, ethylene antagonist), a fungal inhibitor (e.g., botrytis inhibitor), an antimicrobial, or any combinations thereof).
With regard to Claim 8, Jensen teaches the absorbent pad wherein the fourth layer is disposed between the third layer and the second layer or between the third layer and the first layer (Fig. 5, Paragraph 0040, Laminate layer 84 can be positioned directly adjacent top layer 72 or bottom layer 74, but is more typically positioned between tissue layers).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jensen et al. (US 2013/0095215 A1) in view of Versteylen’372 (US 2012/0003372 A1).
With regard to Claim 7, Jensen is silent to the absorbent pad wherein the fourth layer comprises processed wood pulp, instead teaching the absorbent pad wherein the fourth layer comprises cellulosic material (Paragraph 0039, Each tissue layer 78 is made of a sheet of cellulose tissue).
Versteylen’372 teaches the absorbent pad wherein the fourth layer comprises processed wood pulp (Paragraph 0033, Absorbent layers 16 are made of absorbent and/or superabsorbent material that absorbs moisture and liquids that exude from a food product placed on absorbent food pad 10. Each absorbent layer 16 itself can be formed of one or more cellulosic layers adjacent to each other or joined together to form the absorbent layer. Examples of absorbent material include, but are not limited to, natural tissue, fluff pulp, cellulosic material). The instant specification defines fluff as processed wood pulp (Paragraph 0032 of instant specification, Wood pulp is received in a 1-2mm thickness sheet. The wood pulp is put in a hammer mill to create fluff to increase pulp absorbency).
It would have been obvious to one of ordinary skill in the art to substitute cellulosic material for processed wood pulp, because both compounds are disclosed in the reference (Paragraph 0033) as being suitable for use as an absorbent material. One of ordinary skill in the art could have substituted one compound for the other with a predictable result of producing an absorbent layer. See MPEP 2143.I.B.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Fernandez et al. (“Cellulose-silver nanoparticle hybrid materials to control spoilage-related microflora in absorbent pads located in trays of fresh-cut melon”) teaches the use of silver nitrate as an antimicrobial agent in absorbent pads. Fernandez is silent to the four-layered structure of the absorbent pad as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-RAHMAN YUSUF WALEED SMARI whose telephone number is (571)270-7302. The examiner can normally be reached M-Th 7:30-5, F 7:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL-RAHMAN YUSUF WALEED SMARI/Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
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