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 .
Claim Rejections - 35 USC § 103
2. 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 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 0035 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
3. 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.
5. Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kenneth D. Vinson, et al. US 5228954 A (Assignee previous USP) in view of Matti-Paavo Saren et al. WO 2010043766 A1 (all of which are submitted by the IDS dated 01/27/2024).
Regarding claim 1, Vinson discloses: A sanitary tissue product (Abstract, and Col. 11, line 64 disclose “tissue paper and paper towels.”), comprising: a first layer comprising ; and wherein the (Col. 8, lines 24-30 teaches “Both hardwood pulps and softwood pulps as well as blends of the two may be employed.” And Col. 11 bridging to Col. 12, lines 67-68 teaches a single ply. It is self-evident and very common that for sanitary tissue product to be useable, they must be made from at least two or more plies and therefore the number of plies in tissue by an itself do not define patent subject matter.).
Although Vinson indeed teaches both hardwood pulps and softwood pulps and a worker in paper or tissue making mill knows that eucalyptus is a hardwood fiber or pulp, nonetheless, Vinson does not expressly disclose the type of fiber is eucalyptus or at least 24% more vessel elements.
However, in the same field of art, Saren is directed to a processing system comprises a separator, a treating process and a return device; the separator is arranged to separate the vessels from the wood-fiber pulp for the treating process; the treating process is arranged to break the structure of the vessels; the return device is arranged to feed the vessels broken by the treating process into the wood-fiber pulp. There are vessel cells, i.e. vessels, in all deciduous trees. Their size and shape depend on wood species and habitat, but, in particular, vessels occur in tropical deciduous trees, such as eucalyptus, acacia etc. That being said, Saren discloses eucalyptus or at least 24% more vessel elements (Para [0002] teaches “…such as eucalyptus…” and vessel elements are taught on para [0002-0005], [0009-0014], and so on. For example, on para [0017] teaches the percentage of vessel cells (10% to 30%) that are concentrated as rigid and sliver-like fibers in the reject pulp and therefore, it is obvious to one skilled in the art that percentages of vessel elements in eucalyptus fibers in the form of layers could readily be modified since the process of obtaining the fibers and vessel elements could be controlled during operation. Additionally, it would have been obvious for one of ordinary skill in the art that there are vessel cells in eucalyptus fibers that need to be removed therefrom, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) (MPEP 2144.05 (II-B)).).
Regarding claim 2, Vinson in view of Saren discloses all of the limitations of its base claim 1. Vinson further discloses: further comprising a third layer comprising eucalyptus fibers (Again, col. 11 bridging to col. 12, lines 67-68 teaches a single ply and thus, it is self-evident and very common that for sanitary tissue product to be useable, they must be made from at least two or more plies and therefore the number of plies in tissue by an itself do not define patent subject matter.).
Regarding claim 3, Vinson in view of Saren discloses all of the limitations of its base claim 1. Saren further discloses: wherein the eucalyptus fibers in the first layer and the third layer have about the same percentage of vessel elements (Para [0002] teaches “…such as eucalyptus…” and vessel elements are taught on para [0002-0005], [0009-0014], and so on. The same as claim 1 and will not be repeated to avoid redundancy.).
Regarding claims 4-5, Vinson in view of Saren discloses all of the limitations of its base claim 1. Vinson further discloses: wherein the first layer is a consumer-facing layer or wherein the second layer is a non-consumer-facing layer (Again, it is self-evident that all the paper tissue products have two sides irrespective of its consumer or non-consumer-facing layers and therefore, these limitations do not define patentable subject matter.).
Regarding claims 6-9, Vinson in view of Saren discloses all of the limitations of its base claim 1. Vinson further discloses: wherein a first ply comprises the first layer or wherein a second ply comprises the second layer or wherein a first ply comprises the first and second layers or wherein the sanitary tissue product is toilet paper (Again, the plies whether they are first or second or combination thereof being defined as the first and second layers are self-evident by the description provided by Vinson and further col. 11, line 64 disclose “tissue paper and paper towels” in which toilet paper is just one example of tissue paper and therefore, these claimed limitations do not define patentable subject matter.).
Regarding claim 10, Vinson in view of Saren discloses all of the limitations of its base claim 1. Vinson further discloses: wherein the softwood fibers are NSK (Col. 13, lines 64-66 discloses “(101) 1. Slurry 1 is formed from fibers of Northern Softwood Kraft Pulp obtained from the Grande Prairie mill of the Procter & Gamble Company.”).
Regarding claim 11, Vinson in view of Saren discloses all of the limitations of its base claim 1. Saren further discloses: further comprising cellulosic fibers selected from the group consisting of cotton linters, rayon, lyocell, trichomes, seed hairs, bagasse, grasses, grains, and combinations thereof (Para [0017] discloses “Vessels are typically shorter in size than other lignocellulose fibers, but of the same order in diameter or larger in relation thereto. When sufficiently small slot or mesh size is used in classifying, the vessels, i.e. grain, whereas fines and other small-size elastic fiber material and a filler, for instance, permeates the sifter surface in sifting and passes into the accept pulp.”).
Regarding claim 12. Vinson discloses: A sanitary tissue product (Abstract, and Col. 11, line 64 disclose “tissue paper and paper towels.”), comprising: a first layer comprising ; a second layer comprising ; wherein the ; a third layer comprising fibers; wherein the (Col. 8, lines 24-30 teaches “Both hardwood pulps and softwood pulps as well as blends of the two may be employed.” And Col. 11 bridging to Col. 12, lines 67-68 teaches a single ply. It is self-evident and very common that for sanitary tissue product to be useable, they must be made from at least two or more plies and therefore the number of plies in tissue by an itself do not define patent subject matter.).
Although Vinson indeed teaches both hardwood pulps and softwood pulps and a worker in paper or tissue making mill knows that eucalyptus is a hardwood fiber or pulp, nonetheless, Vinson does not expressly disclose the type of fiber is eucalyptus or at least 24% more vessel elements.
However, in the same field of art, Saren is directed to a processing system comprises a separator, a treating process and a return device; the separator is arranged to separate the vessels from the wood-fiber pulp for the treating process; the treating process is arranged to break the structure of the vessels; the return device is arranged to feed the vessels broken by the treating process into the wood-fiber pulp. There are vessel cells, i.e. vessels, in all deciduous trees. Their size and shape depend on wood species and habitat, but, in particular, vessels occur in tropical deciduous trees, such as eucalyptus, acacia etc. That being said, Saren discloses eucalyptus or at least 24% more vessel elements (Para [0002] teaches “…such as eucalyptus…” and vessel elements are taught on para [0002-0005], [0009-0014], and so on. For example, on para [0017] teaches the percentage of vessel cells (10% to 30%) that are concentrated as rigid and sliver-like fibers in the reject pulp and therefore, it is obvious to one skilled in the art that percentages of vessel elements in eucalyptus fibers in the form of layers could readily be modified since the process of obtaining the fibers and vessel elements could be controlled during operation. Additionally, it would have been obvious for one of ordinary skill in the art that there are vessel cells in eucalyptus fibers that need to be removed therefrom, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) (MPEP 2144.05 (II-B)).).
Regarding claims 13-14, Vinson in view of Saren discloses all of the limitations of its base claim 1. Vinson further discloses: wherein a first ply comprises the first and second layers or wherein a second ply comprises the third and fourth layers, and wherein the first and second plies are joined together (Again, the plies whether they are first or second or combination thereof being defined as the first and second layers are self-evident by the description provided by Vinson and further col. 11, line 64 disclose “tissue paper and paper towels” in which toilet paper is just one example of tissue paper and therefore, these claimed limitations do not define patentable subject matter.).
Regarding claims 15-16, Vinson in view of Saren discloses all of the limitations of its base claim. Vinson further discloses: wherein the first and fourth layers are consumer- facing layers or wherein the second and third layers are non- consumer-facing layers (Again, it is self-evident that all the paper tissue products have two sides irrespective of its consumer or non-consumer-facing layers and therefore, these limitations do not define patentable subject matter.).
Regarding claim 17, Vinson in view of Saren discloses all of the limitations of its base claim. Saren further discloses: wherein the eucalyptus fibers in the first and fourth layers have about the same percentage of vessel elements, and wherein the eucalyptus fibers in the second and third layers have about the same percentage of vessel elements ((Para [0002] teaches “…such as eucalyptus…” and vessel elements are taught on para [0002-0005], [0009-0014], and so on. The same as claims 1 and 12 and will not be repeated to avoid redundancy.).
Regarding claim 18, Vinson in view of Saren discloses all of the limitations of its base claim. Vinson further discloses: wherein the sanitary tissue product is toilet paper (Col. 11, line 64 disclose “tissue paper and paper towels” in which toilet paper is just one example of tissue paper and therefore, these claimed limitations do not define patentable subject matter.).
Regarding claim 19, Vinson in view of Saren discloses all of the limitations of its base claim 1. Vinson further discloses: wherein the softwood fibers are NSK (Col. 13, lines 64-66 discloses “(101) 1. Slurry 1 is formed from fibers of Northern Softwood Kraft Pulp obtained from the Grande Prairie mill of the Procter & Gamble Company.”).
Regarding claims 20-21, Vinson in view of Saren discloses all of the limitations of its base claim 1. Saren further discloses: further comprising cellulosic fibers selected from the group consisting of cotton linters, rayon, lyocell, trichomes, seed hairs, bagasse, and combinations thereof or further comprising cellulosic fibers selected from the group consisting of grasses, grains, and combinations thereof (Para [0017] discloses “Vessels are typically shorter in size than other lignocellulose fibers, but of the same order in diameter or larger in relation thereto. When sufficiently small slot or mesh size is used in classifying, the vessels, i.e. grain, whereas fines and other small-size elastic fiber material and a filler, for instance, permeates the sifter surface in sifting and passes into the accept pulp.”).
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW M ESLAMI whose telephone number is (571)272-8710. The examiner can normally be reached M-F 7:30 to 5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached on (571)270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW M ESLAMI/Examiner, Art Unit 1748
/DENNIS R CORDRAY/Primary Examiner, Art Unit 1748
Prosecution Insights