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 .
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated June 17, 2026. However, new rejections may have been made using the same prior art if still applicable to the newly presented amendments and/or arguments.
Terminal Disclaimer
The terminal disclaimer does not comply with 37 CFR 1.321 because: The terminal disclaimer submitted on June 18, 2026 are not approved as they are illegible. No additional fees are required with the resubmissions.
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.
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Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 4 and 9 – 12 of U.S. Patent No. 10,730,261 to Weir in view of U.S. Patent No. 4,606,970 to Sharps, Jr.
Weir discloses a protective cover comprising a composite sheet comprising: a substrate formed from a nonwoven material, the substrate having a first surface and a second surface opposite the first surface; and a first layer of plastic film adjacent the substrate first surface; wherein the nonwoven material has a puncture resistance exceeding 500 N and a weight between 4.5 oz/yd2 and 11 oz/yd2; a first end, a second end, a first lateral edge extending between the first and the second end, a second lateral edge extending between the first end and the second end, and an axis extending between the first lateral edge and the second lateral edge; the composite sheet being folded about the axis such that the first end of the composite sheet is proximate the second end of the composite sheet; and a partially enclosed space having an opening proximate the first and second ends of the composite sheet, wherein the first layer of plastic film is within the partially enclosed space (Claims 1 – 3) as in claim 1. With respect to claim 2, a second layer of plastic film adjacent the substrate second surface (Claim 1). Regarding claim 3, the second layer of plastic film is thicker than the first layer of plastic film (Claims 9 and 10). For claim 4, disposing at least one third layer of plastic film on an exterior surface of the second layer of plastic film (Claim 1). In claim 5, the at least one third layer of plastic film comprises two discrete layers of plastic film disposed on the exterior surface of the second layer of plastic film, and wherein the discrete layers each define a smaller surface area than the second layer of plastic film (Claims 11 and 12). As in claim 7, the nonwoven material comprises needlepunched polyester fibers (Claim 4). Weir further discloses a protective cover, comprising a first panel having a first end, a second end, a first lateral edge extending between the first end and the second end, and a second lateral edge extending between the first end and the second end, the first panel comprising: a first layer of nonwoven material, the first layer of nonwoven material having a first surface and an opposite second surface; and a first layer of plastic film adjacent the first surface of the first layer of nonwoven material; a second panel having a first end, a second end, a first lateral edge extending between the first end and the second end, and a second lateral edge extending between the first end and the second end, the second panel comprising: a second layer of nonwoven material, the second layer of nonwoven material having a first surface and an opposite second surface; and a second layer of plastic film adjacent the first surface of the second layer of nonwoven material; wherein the first panel is disposed with respect to the second panel such that the first layer of plastic film of the first panel is in facing opposition to the second layer of plastic film of the second panel; a first coupling between the first panel and the second panel, the first coupling located proximate the respective first lateral edges of the first and second panels; a second coupling between the first panel and the second panel, the second coupling located proximate the respective second lateral edges of the first and second panels; and an opening defined between the first and second panels proximate the respective first ends of the first and second panels; wherein the first and second layers of nonwoven material each have a puncture resistance exceeding 500 N and a weight between 4.5 oz/yd2 and 11 oz/yd2 (Claims 1 and 3) as in claim 8. With respect to claim 9, the first and second panels are each part of a single sheet of composite material (Claim 1). Regarding claim 10, the first and second layers of nonwoven material each have a puncture resistance exceeding 1000 N (Claim 3). In claim 12, a third layer of plastic film having an interior surface adjacent the second surface of the first layer of nonwoven material and a fourth layer of plastic film having an interior surface adjacent the second surface of the second layer of nonwoven material (Claim 1). With regard to claim 13, a fifth layer of plastic film coupled with an exterior surface of the third layer of plastic film and a sixth layer of plastic film coupled with an exterior surface of the fourth layer of plastic film (Claim 1). Weir also discloses a protective cover comprising a composite sheet having a first end, a second end, a first lateral edge extending between the first and the second end, a second lateral edge opposite the first lateral edge and extending between the first end and the second end, and an axis extending between the first lateral edge and the second lateral edge; wherein the composite sheet defines a first panel between the first end, the axis, and the first and second lateral edges; wherein the composite sheet defines a second panel between the second end, the axis, and the first and second lateral edges; each of the first and second panels comprising: a substrate formed from a nonwoven material having a puncture resistance exceeding 500 N and a weight between 4.5 oz/yd2 and 11 oz/yd2; the substrate having a first surface and a second surface opposite the first surface; and a first layer of plastic film disposed adjacent the substrate first surface; the composite sheet being folded about the axis such that the portion of the first layer of plastic film disposed on the portion of the composite sheet extending between the first end and the axis is in facing opposition to the portion of the first layer of plastic film disposed on the portion of the composite sheet extending between the second end and the axis; and a partially enclosed space defined between the first and second panels (Claims 1 – 3) as in claim 14. Regarding claim 16, a second layer of plastic film disposed adjacent the substrate second surface (Claim 1). For claim 17, the first layer of plastic film has a first thickness and the second layer of plastic film has a second thickness, and wherein the first thickness is less than the second thickness (Claims 9 and 10). In claim 18, a third layer of plastic film disposed adjacent an exterior surface of the second layer of plastic film (Claim 1). With regard to claim 19, the third layer of plastic film has a third thickness that is greater than the first and second thicknesses (Claim 10). As in claim 20, the third layer of plastic film is disposed adjacent both the portion of the composite sheet extending between the first end and the axis and the portion of the composite sheet extending between the second end and the axis (Claims 10 – 12). However, Weir fails to disclose heat sealing the lateral edges of the portion of the composite sheet extending between the first end and the axis to the lateral edges of the portion of the composite sheet extending between the second end and the axis, the first panel and the second panel are heat-sealed together at the first and second couplings, and the portion of the composite sheet extending between the first end and the axis is heat-sealed together with the portion of the composite sheet extending between the second end and the axis.
Sharps, Jr. et al. teach a protective cover comprising a composite sheet comprising: a substrate formed from a nonwoven material, the substrate having a first surface and a second surface opposite the first surface; and a first layer of plastic film adjacent the substrate first surface (Abstract), wherein heat sealing the lateral edges of the portion of the composite sheet extending between the first end and the axis to the lateral edges of the portion of the composite sheet extending between the second end and the axis (Column 5, lines 16 – 22), and the portion of the composite sheet extending between the first end and the axis is heat-sealed together with the portion of the composite sheet extending between the second end and the axis (Column 5, lines 16 – 22) for the purpose of forming a bag (Column 5, lines 16 – 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a heat-sealed layers in Weir in order to form a bag as taught by Sharps, Jr.
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 8 and 13 of U.S. Patent No. 11,787,146 to Weir in view of U.S. Patent No. 4,606,970 to Sharps, Jr.
Weir discloses a protective cover comprising a composite sheet comprising: a substrate formed from a nonwoven material, the substrate having a first surface and a second surface opposite the first surface; and a first layer of plastic film adjacent the substrate first surface; wherein the nonwoven material has a puncture resistance exceeding 500 N and a weight between 4.5 oz/yd2 and 11 oz/yd2; a first end, a second end, a first lateral edge extending between the first and the second end, a second lateral edge extending between the first end and the second end, and an axis extending between the first lateral edge and the second lateral edge; the composite sheet being folded about the axis such that the first end of the composite sheet is proximate the second end of the composite sheet; and a partially enclosed space having an opening proximate the first and second ends of the composite sheet, wherein the first layer of plastic film is within the partially enclosed space (Claims 1, 8, and 13) as in claim 1. With respect to claim 2, a second layer of plastic film adjacent the substrate second surface (Claims 1, 8 and 13). Regarding claim 3, the second layer of plastic film is thicker than the first layer of plastic film (Claim 2). For claim 4, disposing at least one third layer of plastic film on an exterior surface of the second layer of plastic film (Claims 3, 8 and 13). In claim 5, the at least one third layer of plastic film comprises two discrete layers of plastic film disposed on the exterior surface of the second layer of plastic film, and wherein the discrete layers each define a smaller surface area than the second layer of plastic film (Claim 5). As in claim 7, the nonwoven material comprises needlepunched polyester fibers (Claim 7). Weir further discloses a protective cover, comprising a first panel having a first end, a second end, a first lateral edge extending between the first end and the second end, and a second lateral edge extending between the first end and the second end, the first panel comprising: a first layer of nonwoven material, the first layer of nonwoven material having a first surface and an opposite second surface; and a first layer of plastic film adjacent the first surface of the first layer of nonwoven material; a second panel having a first end, a second end, a first lateral edge extending between the first end and the second end, and a second lateral edge extending between the first end and the second end, the second panel comprising: a second layer of nonwoven material, the second layer of nonwoven material having a first surface and an opposite second surface; and a second layer of plastic film adjacent the first surface of the second layer of nonwoven material; wherein the first panel is disposed with respect to the second panel such that the first layer of plastic film of the first panel is in facing opposition to the second layer of plastic film of the second panel; a first coupling between the first panel and the second panel, the first coupling located proximate the respective first lateral edges of the first and second panels; a second coupling between the first panel and the second panel, the second coupling located proximate the respective second lateral edges of the first and second panels; and an opening defined between the first and second panels proximate the respective first ends of the first and second panels; wherein the first and second layers of nonwoven material each have a puncture resistance exceeding 500 N and a weight between 4.5 oz/yd2 and 11 oz/yd2 (Claims 1, 8, and 13) as in claim 8. With respect to claim 9, the first and second panels are each part of a single sheet of composite material (Claims 1, 8, and 13). Regarding claim 10, the first and second layers of nonwoven material each have a puncture resistance exceeding 1000 N (Claim 6). In claim 12, a third layer of plastic film having an interior surface adjacent the second surface of the first layer of nonwoven material and a fourth layer of plastic film having an interior surface adjacent the second surface of the second layer of nonwoven material (Claim 4, 8 and 13). With regard to claim 13, a fifth layer of plastic film coupled with an exterior surface of the third layer of plastic film and a sixth layer of plastic film coupled with an exterior surface of the fourth layer of plastic film (Claims 8 and 13). Weir also discloses a protective cover comprising a composite sheet having a first end, a second end, a first lateral edge extending between the first and the second end, a second lateral edge opposite the first lateral edge and extending between the first end and the second end, and an axis extending between the first lateral edge and the second lateral edge; wherein the composite sheet defines a first panel between the first end, the axis, and the first and second lateral edges; wherein the composite sheet defines a second panel between the second end, the axis, and the first and second lateral edges; each of the first and second panels comprising: a substrate formed from a nonwoven material having a puncture resistance exceeding 500 N and a weight between 4.5 oz/yd2 and 11 oz/yd2, the substrate having a first surface and a second surface opposite the first surface; and a first layer of plastic film disposed adjacent the substrate first surface; the composite sheet being folded about the axis such that the portion of the first layer of plastic film disposed on the portion of the composite sheet extending between the first end and the axis is in facing opposition to the portion of the first layer of plastic film disposed on the portion of the composite sheet extending between the second end and the axis; and a partially enclosed space defined between the first and second panels (Claim 1, 8 and 13) as in claim 14. Regarding claim 16, a second layer of plastic film disposed adjacent the substrate second surface (Claim 4, 8 and 13). For claim 17, the first layer of plastic film has a first thickness and the second layer of plastic film has a second thickness, and wherein the first thickness is less than the second thickness (Claim 2). In claim 18, a third layer of plastic film disposed adjacent an exterior surface of the second layer of plastic film (Claim 1, 8 and 13). With regard to claim 19, the third layer of plastic film has a third thickness that is greater than the first and second thicknesses (Claim 2). As in claim 20, the third layer of plastic film is disposed adjacent both the portion of the composite sheet extending between the first end and the axis and the portion of the composite sheet extending between the second end and the axis (Claim 1, 8 and 13). However, Weir fails to disclose heat sealing the lateral edges of the portion of the composite sheet extending between the first end and the axis to the lateral edges of the portion of the composite sheet extending between the second end and the axis, the first panel and the second panel are heat-sealed together at the first and second couplings, and the portion of the composite sheet extending between the first end and the axis is heat-sealed together with the portion of the composite sheet extending between the second end and the axis.
Sharps, Jr. et al. teach a protective cover comprising a composite sheet comprising: a substrate formed from a nonwoven material, the substrate having a first surface and a second surface opposite the first surface; and a first layer of plastic film adjacent the substrate first surface (Abstract), wherein heat sealing the lateral edges of the portion of the composite sheet extending between the first end and the axis to the lateral edges of the portion of the composite sheet extending between the second end and the axis (Column 5, lines 16 – 22), and the portion of the composite sheet extending between the first end and the axis is heat-sealed together with the portion of the composite sheet extending between the second end and the axis (Column 5, lines 16 – 22) for the purpose of forming a bag (Column 5, lines 16 – 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a heat-sealed layers in Weir in order to form a bag as taught by Sharps, Jr.
Response to Arguments
Applicant's arguments filed June 17, 2026 have been fully considered but they are not persuasive. Please see the above with the statement with regard to the terminal disclaimers.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 June 26, 2026
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