DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on January 29, 2024 in which claims 35-54 are presented for examination. Claims 1-34 have been cancelled.
Claim Objections
Claim 52 is objected to for using acronyms without providing a definition for the acronym prior to its use.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 39, 40 and 49 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 39 recites “the wound product comprises fibres having a linear density <1 decitex (dtex)” which is indefinite, since it is unclear as to the fiber structure. Here, claim 35 recites “a plurality of splittable fibres”, and claim 39 recites “comprises fibers”, therefore, are the fibers recited in claim 39 referring to the plurality of splittable fibers as a whole or are the fibers individual fibers used to make the plurality of splittable fibers. For purposes of examination, examiner has interpreted the limitation as best understood.
Claim 40 recites “fibres having a linear density <1 decitex (dtex) and fibres having a linear density of between 1 decitex (dtex) and 15 decitex (dtex), which is indefinite, since it is unclear as to the fiber structure. Are the fibers recited in claim 40 referring to the plurality of splittable fibers as a whole or are the fibers individual fibers used to make the plurality of splittable fibers. Additionally, the claimed fibers have two different ranges of linear density. As claimed the fibers have a linear density <1 dtex and a linear density of between 1 dtex and 15 dtex, making it unclear is if the fibers having a linear density <1 dtex are the same or different than the fibers having a linear density of between 1 dtex and 15 dtex. For purposes of examination, examiner has interpreted the limitation as best understood.
Claim 49 recites “the method further comprises bonding the first layer to at least one additional layer; and wherein an additional layer”, which is indefinite since it is unclear if the “an additional layer” is part of or in addition to the “at least one additional layers”. For purposes of examination, examiner has interpreted the limitation as best understood.
Claim Rejections - 35 USC § 102
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 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.
Claims 35-38, 41, 43, and 51-54 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walser (2010/0159770).
Regarding claim 35, Walser teaches, A method of manufacturing a wound product ([0008], see also, [0002] which discloses “Nonwoven webs have been used to make a variety of products, which desirably have particular levels of softness, strength, uniformity, liquid handling properties such as absorbency, and other physical properties. Such products include towels, industrial wipes, adult incontinence products, infant care products such as baby diapers, absorbent feminine care products, and garments such as medical apparel, just to name a few products.”, therefore, the method of manufacturing the non-woven web can be used as a wound product, it is additionally noted that non-woven webs are disclosed in [0002] as having liquid handling and absorbent properties, which supports that the method of Walser can be used as a wound product), the method comprising: forming a first layer comprising a plurality of splittable fibres; and processing the first layer such that at least some of the plurality of splittable fibres are split longitudinally along at least part of their length (“Nonwoven webs may make up one or more layers in these products.”, [0002], “The present invention provides a nonwoven web formed from multicomponent fibers. The multicomponent fibers have a longitudinal length and each multicomponent fiber has at least a first component and at least a second component. One of the components of the multicomponent fibers has a lower melting point or glass transition temperature than other components. A portion of the multicomponent fibers are partially split. A partially split multicomponent fiber is a fiber in which at least one component of the multicomponent fiber has separated from the remaining components of the multicomponent fiber along a first section of the longitudinal length of the multicomponent fibers, and along a second section of the longitudinal length of the multicomponent fibers the components of the multicomponent fibers remain together as a unitary fiber structure. In addition, part of the second section of the multicomponent fibers is fused to part of a second section of an adjacent multicomponent fiber.”, [0006], “the present invention include preparing a laminate of the nonwoven web of the present invention with an additional layer of another nonwoven web. The additional layer laminated to the nonwoven web of the present invention include spunbond nonwoven webs, meltblown nonwoven webs, bonded carded webs, coform nonwoven webs, and/or hydroentangled nonwoven webs. One or more of these additional nonwoven layers may be laminate to the nonwoven layer containing the partially split multicomponent fibers.”, [0009], “The partially split multicomponent fibers have a longitudinal length and along at least one section of the longitudinal length of the multicomponent fibers, at least one component of the multicomponent fiber has separated from the remaining components of the multicomponent fiber. In addition, along a second section of the longitudinal length of the multicomponent fibers, the components of the multicomponent fibers remain together as a unitary fiber structure. In the present invention, the nonwoven web has a relatively low degree of splitting. “, [0028], “If the nonwoven web part of a laminate structure is a multilayer laminate structure, the other layers of the laminate structure may also contain multicomponent partially split fibers, unsplit multicomponent fibers, monocomponent fibers, or a mixture thereof. When the nonwoven is a laminate structure, the addition layers of the laminate structure may be additional layer laminated to the nonwoven web”, [0033], “to prepare the nonwoven web of the present invention, the multicomponent fibers of the nonwoven web are formed or placed on a support structure. Once formed or placed on the support structure, the multicomponent fibers of the nonwoven web are at least partially bonded, using a method which will partially melt or soften the lower melting point or glass transition temperature component of the fibers, such as thermal bonding.”, [0034], “The hydroentangling process is used to partially split the multicomponent fiber of the nonwoven web. Generally, the multicomponent fibers split in sections of the multicomponent fiber which are not bonded during the bonding process and remain unsplit in the sections of the multicomponent fibers which are bonded during the bonding process.”, [0036], therefore, the method comprising: forming a first layer comprising a plurality of splittable fibres; and processing the first layer such that at least some of the plurality of splittable fibres are split longitudinally along at least part of their length, see also claim 1).
Regarding claim 36, Walser teaches, wherein the processing results in mechanical entanglement of the splittable fibres (“The hydroentangling process is used to partially split the multicomponent fiber of the nonwoven web. Generally, the multicomponent fibers split in sections of the multicomponent fiber which are not bonded during the bonding process and remain unsplit in the sections of the multicomponent fibers which are bonded during the bonding process.”, [0036], “the nonwoven web is prepared using a spunbond process. Once the nonwoven web is prepared, the nonwoven web is bonded using a non-compressive means and then subjected to a hydroentangling treatment.”, [0048], “in the present invention, the hydraulic entangling process is carried out by passing the working fluid through the orifices at a pressures ranging from about 200 to about 3000 pounds per square inch gage (psig). The actually pressure of the working fluid will depend on many factors, including the line speed at which the nonwoven web is run through the process, the degree of entangling desired, the degree of splitting desired and other factors. Generally, the faster the nonwoven web is run through the hydroentangling process will require greater fluid pressure to achieve the desired level of splitting or entanglement. It is not the water pressure alone which results in the splitting and entanglement of the fibers, rather it is the impact force and energy applied to the nonwoven web.”, [0072], therefore, wherein the processing results in mechanical entanglement of the splittable fibres).
Regarding claim 37, Walser teaches, further comprising subsequently performing a process that results in mechanical entanglement of the splittable fibres (“The hydroentangling process is used to partially split the multicomponent fiber of the nonwoven web. Generally, the multicomponent fibers split in sections of the multicomponent fiber which are not bonded during the bonding process and remain unsplit in the sections of the multicomponent fibers which are bonded during the bonding process.”, [0036], “the nonwoven web is prepared using a spunbond process. Once the nonwoven web is prepared, the nonwoven web is bonded using a non-compressive means and then subjected to a hydroentangling treatment.”, [0048], “in the present invention, the hydraulic entangling process is carried out by passing the working fluid through the orifices at a pressures ranging from about 200 to about 3000 pounds per square inch gage (psig). The actually pressure of the working fluid will depend on many factors, including the line speed at which the nonwoven web is run through the process, the degree of entangling desired, the degree of splitting desired and other factors. Generally, the faster the nonwoven web is run through the hydroentangling process will require greater fluid pressure to achieve the desired level of splitting or entanglement. It is not the water pressure alone which results in the splitting and entanglement of the fibers, rather it is the impact force and energy applied to the nonwoven web.”, [0072], therefore, further comprising subsequently performing a process that results in mechanical entanglement of the splittable fibres).
Regarding claim 38, Walser teaches, wherein the wound product is one of a wound dressing and a wound filler (Walser discloses in [0002], “Nonwoven webs have been used to make a variety of products, which desirably have particular levels of softness, strength, uniformity, liquid handling properties such as absorbency, and other physical properties. Such products include towels, industrial wipes, adult incontinence products, infant care products such as baby diapers, absorbent feminine care products, and garments such as medical apparel, just to name a few products.”, therefore, the disclosed non-woven can be considered a wound product in as much as applicant has claimed, it is additionally noted that [0002] discloses non-woven webs as having liquid handling and absorbent properties, therefore, the wound product can be one of a wound dressing and a wound filler in as much as applicant has claimed).
Regarding claim 41, Walser teaches, wherein a splittable fibre of the plurality of splittable fibres comprises at least two constituent fibres; wherein, in a splittable fibre split longitudinally along at least part of its length, a first constituent fibre is separated from a second constituent fibre for the part of the length of the split splittable fibre (“FIG. 1 shows a line drawing of a multicomponent fiber 100 which is partially split. As shown, the multicomponent fiber is a bicomponent fiber, meaning that two separated polymeric components are used to prepare the fiber. The multicomponent fiber 1 00 has a longitudinal length and along the longitudinal length there is a first section 1 01 and a second section 102. In the first section 101 of the multicomponent fiber 100, the first component 105 of the multicomponent fiber 100 is separated from the second component 106.”, [0037], therefore, wherein a splittable fibre of the plurality of splittable fibres comprises at least two constituent fibres; wherein, in a splittable fibre split longitudinally along at least part of its length, a first constituent fibre is separated from a second constituent fibre for the part of the length of the split splittable fibre), figure 1).
Regarding claim 43, Walser teaches, wherein processing the first layer comprises hydroentangling the first layer (“If the nonwoven web part of a laminate structure is a multilayer laminate structure, the other layers of the laminate structure may also contain multicomponent partially split fibers, unsplit multicomponent fibers, monocomponent fibers, or a mixture thereof. When the nonwoven is a laminate structure, the addition layers of the laminate structure may be additional layer laminated to the nonwoven web, the additional layer comprising one or more nonwoven webs layers including spunbond nonwoven webs, meltblown nonwoven webs, bonded carded webs, coform nonwoven webs, and/or hydroentangled nonwoven webs or any other known nonwoven web.”, [0033], “Once formed and bonded, the nonwoven web is subjected to a hydraulic treatment process, which is often referred to as "hydraulic entangling" or "hydro entangling".”, [0035], therefore, wherein processing the first layer comprises hydroentangling the first layer, see also [0036]).
Regarding claim 51, Walser teaches, wherein at least some of the splittable fibres have a pie structure, an island structure, a trilobal cross-section, or a round cross-section (“To gain a better understanding of the present invention the partially split multicomponent fibers, attention is directed to the Figures of the present specification. FIG. 1 shows a line drawing of a multicomponent fiber 100 which is partially split. As shown, the multicomponent fiber is a bicomponent fiber, meaning that two separated polymeric components are used to prepare the fiber. The multicomponent fiber 1 00 has a longitudinal length and along the longitudinal length there is a first section 1 01 and a second section 102. In the first section 101 of the multicomponent fiber 100, the first component 105 of the multicomponent fiber 100 is separated from the second component 106. In the second section 102, the first component 105 of the multicomponent fiber 100 remains together with the second component 106 such that the two components 105 and 106 remain as a unitary structure. The first section 101 is considered to be the split section of multicomponent fiber 100 and the second section 102 is considered to be the unsplit section of the multicomponent fiber 100. If there are more the two components, at least one of the components of the multicomponent fiber must be split away from the remaining components of the multicomponent fiber in at least one section of the fiber for the fiber to be considered as partially split.”, [0037], therefore, wherein at least some of the splittable fibres have a pie structure, an island structure, a trilobal cross-section, or a round cross-section, figure 1).
Regarding claim 52, Walser teaches, wherein the first layer comprises at least some other fibres; wherein the other fibres are at least one of: PET, PP, PLA, Viscose, Cellulose, PES and PE fibres (“The multicomponent fibers of the present invention may be prepared from a wide variety of thermoplastic polymers that are known to form the fibers. Examples of these thermoplastic polymers include polyolefins, polyesters, polyamides, polyacrylates, polymethacrylates, polyurethanes, vinyl polymers, fluoropolymers, polystyrene, thermoplastic elastomers, polylactic acid, polyhydroxy alkanates and mixtures thereof.”, [0039], “Examples of suitable polyolefins include polyethylene, e.g., high density polyethylene, low density polyethylene and linear low density polyethylene; polypropylene”, [0040] “Suitable polyesters include polyethylene terephthalate”, [0042], therefore, wherein the first layer comprises at least some other fibres; wherein the other fibres are at least one of: PET, PP, PLA, Viscose, Cellulose, PES and PE fibres).
Regarding claim 53, Walser teaches, wherein the splittable fibres form 15% to 90% of the first layer (“The nonwoven web may contain only partially split fibers or may contain a mixture of both partially split fibers and unsplit fibers. The unsplit fibers may be multicomponent fibers, monocomponent fibers and mixtures thereof. Generally, the unsplit fibers will be multicomponent fibers which are essentially the same as the partially split multicomponent fibers, but these fibers do not split during the hydroentangling process, which is described in more detail below. Generally, when present, the unsplit fibers may make-up from about 1% to about 99% by weight of the fibers of the nonwoven filter media, with the balance of the fibers being the partially split fibers.”, [0030], therefore, wherein the splittable fibres form 15% to 90% of the first layer).
Regarding claim 54, Walser teaches, A method of manufacturing a wound product ([0008], see also, [0002] which discloses “Nonwoven webs have been used to make a variety of products, which desirably have particular levels of softness, strength, uniformity, liquid handling properties such as absorbency, and other physical properties. Such products include towels, industrial wipes, adult incontinence products, infant care products such as baby diapers, absorbent feminine care products, and garments such as medical apparel, just to name a few products.”, therefore, the method of manufacturing the non-woven web can be used as a wound product, it is additionally noted that non-woven webs are disclosed in [0002] as having liquid handling and absorbent properties, which supports that the method of Walser can be used as a wound product), the method comprising: forming a first layer comprising a plurality of splittable fibres; performing a process that results in mechanical entanglement of the splittable fibres; and subsequently processing the first layer such that at least some of the plurality of splittable fibres are split longitudinally along at least part of their length (“Nonwoven webs may make up one or more layers in these products.”, [0002], “The present invention provides a nonwoven web formed from multicomponent fibers. The multicomponent fibers have a longitudinal length and each multicomponent fiber has at least a first component and at least a second component. One of the components of the multicomponent fibers has a lower melting point or glass transition temperature than other components. A portion of the multicomponent fibers are partially split. A partially split multicomponent fiber is a fiber in which at least one component of the multicomponent fiber has separated from the remaining components of the multicomponent fiber along a first section of the longitudinal length of the multicomponent fibers, and along a second section of the longitudinal length of the multicomponent fibers the components of the multicomponent fibers remain together as a unitary fiber structure. In addition, part of the second section of the multicomponent fibers is fused to part of a second section of an adjacent multicomponent fiber.”, [0006], “the present invention include preparing a laminate of the nonwoven web of the present invention with an additional layer of another nonwoven web. The additional layer laminated to the nonwoven web of the present invention include spunbond nonwoven webs, meltblown nonwoven webs, bonded carded webs, coform nonwoven webs, and/or hydroentangled nonwoven webs. One or more of these additional nonwoven layers may be laminate to the nonwoven layer containing the partially split multicomponent fibers.”, [0009], “The partially split multicomponent fibers have a longitudinal length and along at least one section of the longitudinal length of the multicomponent fibers, at least one component of the multicomponent fiber has separated from the remaining components of the multicomponent fiber. In addition, along a second section of the longitudinal length of the multicomponent fibers, the components of the multicomponent fibers remain together as a unitary fiber structure. In the present invention, the nonwoven web has a relatively low degree of splitting. “, [0028], “If the nonwoven web part of a laminate structure is a multilayer laminate structure, the other layers of the laminate structure may also contain multicomponent partially split fibers, unsplit multicomponent fibers, monocomponent fibers, or a mixture thereof. When the nonwoven is a laminate structure, the addition layers of the laminate structure may be additional layer laminated to the nonwoven web”, [0033], “to prepare the nonwoven web of the present invention, the multicomponent fibers of the nonwoven web are formed or placed on a support structure. Once formed or placed on the support structure, the multicomponent fibers of the nonwoven web are at least partially bonded, using a method which will partially melt or soften the lower melting point or glass transition temperature component of the fibers, such as thermal bonding.”, [0034], “The hydroentangling process is used to partially split the multicomponent fiber of the nonwoven web. Generally, the multicomponent fibers split in sections of the multicomponent fiber which are not bonded during the bonding process and remain unsplit in the sections of the multicomponent fibers which are bonded during the bonding process.”, [0036], therefore, the method comprising: forming a first layer comprising a plurality of splittable fibres; performing a process that results in mechanical entanglement of the splittable fibres (hydroentangling); and subsequently processing the first layer such that at least some of the plurality of splittable fibres are split longitudinally along at least part of their length, see also claim 1).
Claim Rejections - 35 USC § 103
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 39-40, and 42 is rejected under 35 U.S.C. 103 as being unpatentable over Walser (2010/0159770) in view of Schubert et al. (2009/0176063)[Schubert].
Regarding claim 39, Walser teaches, wherein the wound product comprises fibres having a linear density (“After the heat treatment of the fibers, the nonwoven web of fibers is then passed from the heat treatment zone of the hot air knife or hot air diffuser 34 to a second wire 37 where the fibers continue to cool and where the below wire vacuum 30 is discontinued. Alternatively, the nonwoven web remains on the forming surface 26 and a vacuum is pulled below the forming surface. As the fibers cool and are removed from the vacuum, the fibers will crimp, in the z-direction, or out of the plane of the web, thereby forming a high loft, low density nonwoven web 50”, [0068], therefore, wherein the wound product comprises fibres having a low linear density).
Walser fails to teach, wherein the wound product comprises fibres having a linear density <1 decitex (dtex).
Schubert, a multilayer sheet with split fibers, abstract, teaches, wherein the wound product comprises fibres having a linear density <1 decitex (dtex) (“The term "second non-woven split-fibre layer of thermoplastic polymers" shall mean that said split-fibres form a considerable amount of the fibres of this layer, for example said fibres are present in an amount of at least 20% by weight, preferably 70-100% by weight of said layer. Besides said split-fibres regular denier fibres (fibres with titre between 0.5 and 10 dtex) and/or additives typically used in such non-woven layers may be present”, [0030], therefore, wherein the wound product comprises fibres having a linear density <1 decitex (dtex), see also, [0043], note: Schubert discloses the application in [0001] as being a process for the production of non-woven multilayered sheets, the sheet being intended for use as a liquid impregnated wipe, preferably for personal care and polishing purposes., and therefore, the multilayered sheet as disclosed by Schubert can be a wound product in as much as applicant has claimed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the wound product of Walser as comprises fibres having a linear density <1 decitex (dtex) as taught by Schubert in order to provide a product in which “Adding split-fibres and/or meltblown fibres to fibres with conventional fineness either in form of separate layers and/or as fibre mixtures in single layers results in increased softness”, [0027], additionally the very fine fibers that is light in weight and flexible, which are properties of fibers having a linear density <1 decitex (dtex).
Regarding claim 40, Walser teaches, wherein the wound product comprises fibres having a linear density (“After the heat treatment of the fibers, the nonwoven web of fibers is then passed from the heat treatment zone of the hot air knife or hot air diffuser 34 to a second wire 37 where the fibers continue to cool and where the below wire vacuum 30 is discontinued. Alternatively, the nonwoven web remains on the forming surface 26 and a vacuum is pulled below the forming surface. As the fibers cool and are removed from the vacuum, the fibers will crimp, in the z-direction, or out of the plane of the web, thereby forming a high loft, low density nonwoven web 50”, [0068], therefore, wherein the wound product comprises fibres having a low linear density).
Walser fails to teach, wherein the wound product comprises fibres having a linear density <1 decitex (dtex) and fibres having a linear density of between 1 decitex (dtex) and 15 decitex (dtex).
Schubert, a multilayer sheet with split fibers, abstract, teaches, wherein the wound product comprises fibres having a linear density <1 decitex (dtex) and fibres having a linear density of between 1 decitex (dtex) and 15 decitex (dtex) (“The term "second non-woven split-fibre layer of thermoplastic polymers" shall mean that said split-fibres form a considerable amount of the fibres of this layer, for example said fibres are present in an amount of at least 20% by weight, preferably 70-100% by weight of said layer. Besides said split-fibres regular denier fibres (fibres with titre between 0.5 and 10 dtex) and/or additives typically used in such non-woven layers may be present”, [0030], therefore, wherein the wound product comprises fibres having a linear density <1 decitex (dtex) and fibres having a linear density of between 1 decitex (dtex) and 15 decitex (dtex), note: Schubert discloses the application in [0001] as being a process for the production of non-woven multilayered sheets, the sheet being intended for use as a liquid impregnated wipe, preferably for personal care and polishing purposes., and therefore, the multilayered sheet as disclosed by Schubert can be a wound product in as much as applicant has claimed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the wound product of Walser as comprises fibres having a linear density <1 decitex (dtex) and fibres having a linear density of between 1 decitex (dtex) and 15 decitex (dtex) as taught by Schubert in order to provide a product in which “Adding split-fibres and/or meltblown fibres to fibres with conventional fineness either in form of separate layers and/or as fibre mixtures in single layers results in increased softness”, [0027], additionally the very fine fibers that is light in weight and flexible, which are properties of fibers having a linear density <1 decitex (dtex).
Regarding claim 42, Walser teaches, wherein at least one of the first constituent fibre and the second constituent fibre are fibres having a linear density (“FIG. 1 shows a line drawing of a multicomponent fiber 100 which is partially split. As shown, the multicomponent fiber is a bicomponent fiber, meaning that two separated polymeric components are used to prepare the fiber. The multicomponent fiber 1 00 has a longitudinal length and along the longitudinal length there is a first section 1 01 and a second section 102. In the first section 101 of the multicomponent fiber 100, the first component 105 of the multicomponent fiber 100 is separated from the second component 106.”, [0037], “the nonwoven web remains on the forming surface 26 and a vacuum is pulled below the forming surface. As the fibers cool and are removed from the vacuum, the fibers will crimp, in the z-direction, or out of the plane of the web, thereby forming a high loft, low density nonwoven web 50”, [0068], therefore, wherein at least one of the first constituent fibre and the second constituent fibre are fibres having a linear density has a low linear density).
Walser fails to teach, he combined references teach, wherein at least one of the first constituent fibre and the second constituent fibre are fibres having a linear density <1 decitex (dtex).
Schubert, a multilayer sheet with split fibers, abstract, teaches, wherein at least one of the first constituent fibre and the second constituent fibre are fibres having a linear density <1 decitex (dtex) (“The term "second non-woven split-fibre layer of thermoplastic polymers" shall mean that said split-fibres form a considerable amount of the fibres of this layer, for example said fibres are present in an amount of at least 20% by weight, preferably 70-100% by weight of said layer. Besides said split-fibres regular denier fibres (fibres with titre between 0.5 and 10 dtex) and/or additives typically used in such non-woven layers may be present”, [0030], therefore, wherein at least one of the first constituent fibre and the second constituent fibre are fibres having a linear density <1 decitex (dtex), see also, [0043).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide at least one of the first constituent fibre and the second constituent fibre of Walser as comprises fibres as having a linear density <1 decitex (dtex) as taught by Schubert in order to provide a product in which “Adding split-fibres and/or meltblown fibres to fibres with conventional fineness either in form of separate layers and/or as fibre mixtures in single layers results in increased softness”, [0027], additionally the very fine fibers that is light in weight and flexible, which are properties of fibers having a linear density <1 decitex (dtex).
Claims 44 and 47-49 are rejected under 35 U.S.C. 103 as being unpatentable over Walser (2010/0159770) in view of Mumby (2014/0249495).
Regarding claim 44, Walser teaches, further comprising bonding the first layer to a second layer (“preparing a laminate of the nonwoven web of the present invention with an additional layer of another nonwoven web. The additional layer laminated to the nonwoven web of the present invention include spunbond nonwoven webs, meltblown nonwoven webs, bonded carded webs, coform nonwoven webs, and/or hydroentangled nonwoven webs. One or more of these additional nonwoven layers may be laminate to the nonwoven layer containing the partially split multicomponent fibers.”, [0009], therefore, further comprising bonding the first layer to a second layer).
Walser fails to teach, wherein the second layer comprises at least one of a plurality of superabsorbent fibres and a plurality of gelling fibres.
Mumby, a wound dressing with a layer of non-woven fibers, abstract, teaches, wherein the second layer comprises at least one of a plurality of superabsorbent fibres and a plurality of gelling fibres ( “A layer 2110 of absorbent material is provided above the transmission layer 2105. The absorbent material which may be a foam or non-woven natural or synthetic material and which may optionally include or be super-absorbent material forms a reservoir for fluid, particularly liquid, removed from the wound site and draws those fluids towards a cover layer 2140.”, [0375], “The material of the absorbent layer also prevents liquid collected in the wound dressing from flowing in a sloshing manner. The absorbent layer 2110 also helps distribute fluid throughout the layer via a wicking action so that fluid is drawn from the wound site and stored throughout the absorbent layer. This helps prevent agglomeration in areas of the absorbent layer. The capacity of the absorbent material must be sufficient to manage the exudates flow rate of a wound when negative pressure is applied. Since in use the absorbent layer experiences negative pressures the material of the absorbent layer is chosen to absorb liquid under such circumstances. A number of materials exist that are able to absorb liquid when under negative pressure, for example superabsorber material.”, [0376], “the absorbent layer is a layer of non-woven cellulose fibers having super-absorbent material in the form of dry particles dispersed throughout. Use of the cellulose fibers introduces fast wicking elements which help quickly and evenly distribute liquid taken up by the dressing.”, [0377], therefore, wherein the second layer comprises at least one of a plurality of superabsorbent fibres and a plurality of gelling fibres).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the second layer of Walser as a superabsorbent material, as taught by Mumby, in order to help provide a second layer that is able to “quickly and evenly distribute liquid take up by a dressing”, [0377].
Regarding claim 47, the combined references teach, bonding the first layer to the second layer comprises encasing the second layer within the first layer (“preparing a laminate of the nonwoven web of the present invention with an additional layer of another nonwoven web. The additional layer laminated to the nonwoven web of the present invention include spunbond nonwoven webs, meltblown nonwoven webs, bonded carded webs, coform nonwoven webs, and/or hydroentangled nonwoven webs. One or more of these additional nonwoven layers may be laminate to the nonwoven layer containing the partially split multicomponent fibers.”, [0009], therefore, further comprising bonding the first layer to a second layer).
The combined references fail to teach, wherein bonding the first layer to the second layer comprises encasing the second layer within the first layer
Mumby, further, teaches, wherein bonding the first layer to the second layer comprises encasing the second layer within the first layer (“The absorbent layer 2110 may be of a greater area than the transmission layer 2105, such that the absorbent layer overlaps the edges of the transmission layer 2105, thereby ensuring that the transmission layer does not contact the cover layer 2140. This provides an outer channel 2115 of the absorbent layer 2110 that is in direct contact with the wound contact layer 2102, which aids more rapid absorption of exudates to the absorbent layer.”, [0389], therefore, wherein bonding the first layer to the second layer comprises encasing the second layer within the first layer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the first and second layer of Walser encasing the second layer within the first layer, as taught by Mumby, in order to provide an attachment between the first and second layers that “aids more rapid absorption of exudates to the absorbent layer”, [0389].
Regarding claim 48, Walser teaches, further comprising bonding the first layer to a second layer (“preparing a laminate of the nonwoven web of the present invention with an additional layer of another nonwoven web. The additional layer laminated to the nonwoven web of the present invention include spunbond nonwoven webs, meltblown nonwoven webs, bonded carded webs, coform nonwoven webs, and/or hydroentangled nonwoven webs. One or more of these additional nonwoven layers may be laminate to the nonwoven layer containing the partially split multicomponent fibers.”, [0009], therefore, further comprising bonding the first layer to a second layer).
Walser fails to teach, further comprising encasing a second layer within the first layer, wherein the second layer comprises at least one of loose superabsorbent fibres or particles and loose gelling fibres or particles.
Mumby, a wound dressing with a layer of non-woven fibers, abstract, teaches, wherein the second layer comprises at least one of a plurality of superabsorbent fibres and a plurality of gelling fibres ( “A layer 2110 of absorbent material is provided above the transmission layer 2105. The absorbent material which may be a foam or non-woven natural or synthetic material and which may optionally include or be super-absorbent material forms a reservoir for fluid, particularly liquid, removed from the wound site and draws those fluids towards a cover layer 2140.”, [0375], “The material of the absorbent layer also prevents liquid collected in the wound dressing from flowing in a sloshing manner. The absorbent layer 2110 also helps distribute fluid throughout the layer via a wicking action so that fluid is drawn from the wound site and stored throughout the absorbent layer. This helps prevent agglomeration in areas of the absorbent layer. The capacity of the absorbent material must be sufficient to manage the exudates flow rate of a wound when negative pressure is applied. Since in use the absorbent layer experiences negative pressures the material of the absorbent layer is chosen to absorb liquid under such circumstances. A number of materials exist that are able to absorb liquid when under negative pressure, for example superabsorber material.”, [0376], “the absorbent layer is a layer of non-woven cellulose fibers having super-absorbent material in the form of dry particles dispersed throughout. Use of the cellulose fibers introduces fast wicking elements which help quickly and evenly distribute liquid taken up by the dressing.”, [0377], “The absorbent layer 2110 may be of a greater area than the transmission layer 2105, such that the absorbent layer overlaps the edges of the transmission layer 2105, thereby ensuring that the transmission layer does not contact the cover layer 2140. This provides an outer channel 2115 of the absorbent layer 2110 that is in direct contact with the wound contact layer 2102, which aids more rapid absorption of exudates to the absorbent layer.”, [0389], therefore, further comprising encasing a second layer within the first layer, wherein the second layer comprises at least one of loose superabsorbent fibres or particles (see [0377]) and loose gelling fibres or particles.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the first and second layer of Walser as encasing a second layer within the first layer, wherein the second layer comprises at least one of loose superabsorbent fibres or particles as taught by Mumby, in order to provide a second layer that is able to “quickly and evenly distribute liquid take up by a dressing”, [0377] and to an attachment between the first and second layers that “aids more rapid absorption of exudates to the absorbent layer”, [0389].
Regarding claim 49, Walser teaches, wherein the method further comprises bonding the first layer to at least one additional layer (“preparing a laminate of the nonwoven web of the present invention with an additional layer of another nonwoven web. The additional layer laminated to the nonwoven web of the present invention include spunbond nonwoven webs, meltblown nonwoven webs, bonded carded webs, coform nonwoven webs, and/or hydroentangled nonwoven webs. One or more of these additional nonwoven layers may be laminate to the nonwoven layer containing the partially split multicomponent fibers.”, [0009], therefore, further comprising bonding the first layer to at least one additional layer).
Walser fails to teach, wherein an additional layer is one of a superabsorbent or gelling fibre layer, a foam layer, a wound contact layer and a moisture vapour permeable / liquid impermeable layer.
Mumby, a wound dressing with a layer of non-woven fibers, abstract, teaches, wherein an additional layer is one of a superabsorbent or gelling fibre layer, a foam layer, a wound contact layer and a moisture vapour permeable / liquid impermeable layer ( “A layer 2110 of absorbent material is provided above the transmission layer 2105. The absorbent material which may be a foam or non-woven natural or synthetic material and which may optionally include or be super-absorbent material forms a reservoir for fluid, particularly liquid, removed from the wound site and draws those fluids towards a cover layer 2140.”, [0375], “The material of the absorbent layer also prevents liquid collected in the wound dressing from flowing in a sloshing manner. The absorbent layer 2110 also helps distribute fluid throughout the layer via a wicking action so that fluid is drawn from the wound site and stored throughout the absorbent layer. This helps prevent agglomeration in areas of the absorbent layer. The capacity of the absorbent material must be sufficient to manage the exudates flow rate of a wound when negative pressure is applied. Since in use the absorbent layer experiences negative pressures the material of the absorbent layer is chosen to absorb liquid under such circumstances. A number of materials exist that are able to absorb liquid when under negative pressure, for example superabsorber material.”, [0376], “the absorbent layer is a layer of non-woven cellulose fibers having super-absorbent material in the form of dry particles dispersed throughout. Use of the cellulose fibers introduces fast wicking elements which help quickly and evenly distribute liquid taken up by the dressing.”, [0377], therefore, wherein an additional layer is one of a superabsorbent or gelling fibre layer, a foam layer, a wound contact layer and a moisture vapour permeable / liquid impermeable layer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the first and the at least one additional layer of Walser as a superabsorbent fibre layer as taught by Mumby, in order to provide that is able to “quickly and evenly distribute liquid take up by a dressing”, [0377].
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Walser (2010/0159770) in view of Mumby (2014/0249495) in view of Kruegler (2001/0044006).
Regarding claim 45, the combined references teach, wherein bonding the first layer to the second layer (Walser “preparing a laminate of the nonwoven web of the present invention with an additional layer of another nonwoven web. The additional layer laminated to the nonwoven web of the present invention include spunbond nonwoven webs, meltblown nonwoven webs, bonded carded webs, coform nonwoven webs, and/or hydroentangled nonwoven webs. One or more of these additional nonwoven layers may be laminate to the nonwoven layer containing the partially split multicomponent fibers.”, [0009], therefore, further comprising bonding the first layer to at least one additional layer).
The combined references fail to teach, wherein bonding the first layer to the second layer comprises needlepunching the second layer to the first layer, wherein the first layer is provided as a scrim.
Kruegler, a nonwoven layer with a backing layer, abstract, teaches, wherein bonding the first layer to the second layer comprises needlepunching the second layer to the first layer, wherein the first layer is provided as a scrim (“The backing layer and fleece layer are held together by needle punching, by inclusion of a nonwoven fusible layer therebetween, or both. The nonwoven fusible layer also adds strength to the assembly. The backing layer preferably comprises a multi-filament layer and a polyester film layer, although other materials, such as another film material, woven cloth, a nonwoven, a spunbond, scrim, or loop fabric may be provided.”, [0007], therefore, wherein bonding 12 to 14 comprises needlepunching the second layer to the first layer, wherein the first layer is provided as a scrim, see also [0014], and [0018]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the bonding between the wherein the first layer and the second layer of the combined references is done by needlepunching the second layer to the first layer, wherein the first layer is provided as a scrim as taught by Kruegler, in order to provide a durable attachment between the first and second layers.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Walser (2010/0159770) in view of Mumby (2014/0249495) in view of Pike (5,935,883).
Regarding claim 46, the combined references teach, wherein bonding the first layer to the second layer (Walser “preparing a laminate of the nonwoven web of the present invention with an additional layer of another nonwoven web. The additional layer laminated to the nonwoven web of the present invention include spunbond nonwoven webs, meltblown nonwoven webs, bonded carded webs, coform nonwoven webs, and/or hydroentangled nonwoven webs. One or more of these additional nonwoven layers may be laminate to the nonwoven layer containing the partially split multicomponent fibers.”, [0009], therefore, further comprising bonding the first layer to at least one additional layer).
The combined references fail to teach, wherein bonding the first layer to the second layer comprises laminating at least one of the first layer and the second layer with an adhesive.
Pike, a nonwoven web with split fibers, abstract, teaches, wherein bonding the first layer to the second layer comprises laminating at least one of the first layer and the second layer with an adhesive (“the superfine microfiber web may be used as a laminate that contains at least one layer of the split microfiber web and at least one additional layer of another woven or nonwoven fabric or a film. The additional layer for the laminate is selected to impart additional and/or complementary properties, such as textural and strength properties. The layers of the laminate can be bonded to form a unitary structure by a bonding process known in the art to be suitable for laminate structures, such as…adhesive”, Col. 8 ln. 7-16, therefore, wherein bonding the first layer to the second layer comprises laminating at least one of the first layer and the second layer with an adhesive).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the bonding between the wherein the first layer and the second layer of the combined references by adhesive as taught by Pike, in order to provide a durable and stable attachment between the first and second layers.
Claim 50 is rejected under 35 U.S.C. 103 as being unpatentable over Walser (2010/0159770) in view of Stralin (2015/0218742).
Regarding claim 50, Walser teaches, wherein forming the first layer comprises at least some of the splittable fibres (Walser, wherein forming the first layer comprises at least some of the splittable fibres, [0030], [0037]).
The combined references fail to teach, wherein forming the first layer comprises one or more of: applying a spin finish to at least some of the splittable fibres, and applying silver particles to at least some of the splittable fibres.
Stralin, a nonwoven web with split fibers, abstract, teaches, wherein forming the first layer comprises one or more of: applying a spin finish to at least some of the splittable fibres, and applying silver particles to at least some of the splittable fibres (“A hydroentangled integrated composite nonwoven material, includes a mixture of randomized continuous filaments, splittable shortcut staple fibres, and optionally non-splittable staple fibres. The splittable fibres should be 3-16 mm long bicomponent fibres.”, abstract, “The staple fibres can be treated with spin finish and crimped, but this is not necessary for the type of processes preferably used to produce the material described in the present invention. Spin finish and crimp is normally added to ease and/or enable the handling of the fibres in a dry process, e.g. a card, and/or to give certain properties”, [0051], therefore, wherein forming the first layer comprises one or more of: applying a spin finish to at least some of the splittable fibres, and applying silver particles to at least some of the splittable fibres.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the splittable fibres of first layer of Walser a spin finish as taught by Stralin, in order to “ease and/or enable the handling of the fibres in a dry process, e.g. a card, and/or to give certain properties”, [0051].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2003/0024092 by Orlandi discloses a method for producing a nonwoven for receiving and storing liquids.
2. 2017/0326267 by Mouton discloses a wound dressing with layers of nonwoven absorbent layer that are needle punched together.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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