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 .
Response to Arguments
Applicant's arguments and declaration under 37 CFR 1.132 both filed 2/13/2026 have been fully considered but they are not persuasive.
Applicant notes the differences between a continuous and a batch process and notes that continuous processes are more complex. Applicant argues that the instant application uses a continuous process including the use of static mixers which are “required to support a fully continuous process from the addition of starting material to the assembly of a product ready for sale.” Examiner does not find this persuasive because mixing is not mentioned in the claims. The claimed steps are spinning, adding solid additives, collecting the fibers/additives, and “converting.” The cited Dreher references describes all of these steps on a single line as shown in Figure 11 which is the cited embodiment in the rejection. Examiner also notes that Dreher col. 49 lines 39-44 describe that the collection belt patterns the fibers, therefore the patterning or “converting” step also occurs on this same line. While Figure 11 seems to show the process as continuous, this is not explicitly disclosed in Dreher, however it would be obvious to simply make the process continuous, see MPEP §2144.04(IV)(E).
Applicant also argues that Dreher “did not complete the steps to produce a finished product a consumer would directly use” as opposed to the instant disclosure. It is not clear how this is relevant to claim 1. Claim 1 only describes “articles of manufacture” which is seemingly anything that has been manufactured. Even so, a consumer could “directly use” almost anything including fibers with additives in them as produced in the reference. Applicant further argues that “a fiber spinning process usually ends with the production of a soluble fibrous material – not a finished product as in the Present Invention” and notes that the web making and converting are performed into two different and separate processes. Again, a “finished product” is not claimed and even so, it seems like a patterned, soluble fibrous material easily meets the broadest reasonable interpretation of “articles of manufacture” in the claim or even “finished product” as described in the remarks.
Applicant notes the present application controls the environment around the fiber streams and particles and that Dreher does not. It is not clear what Applicant is arguing because the controlled environment is not claimed.
Claims 2-20 also remain rejected in view of the above.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claims 1-10, 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over modified Dreher (US 8,980,816, made of record on the IDS dated 5/7/2024.)
Regarding claim 1, Dreher meets the claimed, A process for making a plurality of articles of manufacture, comprising the steps of: a. spinning a plurality of soluble filaments from one or more dies to form a filament stream; (Dreher Figure 11 and col. 49 lines 32-35 describe spinning filaments from a die to form fibrous elements 32, col. 14 lines 40-41 describe soluble filaments) b. introducing a plurality of solid additives into the filament stream such that the solid additives and soluble filaments are comingled; (Dreher Figure 11 and col. 49 lines 35-39 describe adding particles 36 to the spun fibrous elements 32) c. collecting the commingled solid additives and soluble filaments on a collection device such that a composite structure comprising commingled soluble filaments and solid additives is formed at the formation zone on the collection device; (Dreher col. 49 lines 39-44 describe collecting the fibrous elements 32 and with the particles 36 mixed therein on a collection belt 60 to form a fibrous structure 28) and d. converting the composite structure into a plurality of articles of manufacture (Dreher col. 49 lines 39-44 describe a step of imparting a texture onto the fibrous structure 28 after being collected on the belt 60) wherein the steps a. through d. are performed on a single, continuous manufacturing line (Dreher col. 49 lines 31-44 and Figure 11 shows the spinning, additive comingling, collection, and patterning all happening on one singular line which is a continuous line.)
Dreher does not explicitly describe the process as being continuous even though Figure 11 shows the process is on a continuous line, however, continuous operation are obvious in light of the batch process of the prior art, see MPEP §2144.04(IV)(E). Therefore it would have been obvious to a person of ordinary skill in the art before the filing date to modify the process of Dreher to be the continuous process as claimed.
Regarding claim 2, The process according to Claim 1 wherein the step of spinning further comprises a step of providing a filament-forming composition comprising one or more filament-forming materials to the one or more dies (Dreher col. 49 lines 32-34 and col. 50 lines 9-15 describe providing the filament to the die.)
Regarding claim 3, Dreher meets the claimed, The process according to Claim 1 wherein the step of commingling comprises introducing the solid additives into the plurality of soluble filaments between at least one of the dies and the collection device (Dreher col. 49 lines 35-39 and Figure 11 show the particles 36 are added to the fibrous elements 32 between the die 50 and the collection belt 60.)
Regarding claim 4, Dreher meets the claimed, The process according to Claim 1 wherein the soluble filaments comprise filament forming material which is a polymer (Dreher col. 5 lines 1-16 describe the filament forming material is made of a polymer such as polyvinyl alcohol.)
Regarding claim 5, Dreher meets the claimed, The process according to Claim 4 wherein the polymer comprises polyvinyl alcohol (Dreher col. 5 lines 1-16 describe the filament forming material is made of a polymer such as polyvinyl alcohol.)
Regarding claim 6, Dreher meets the claimed, The process according to Claim 1 wherein at least one of the soluble filaments comprises one or more active agents present within the filament (Dreher col. 4 lines 37-40 describe the filament-forming composition may include active agents.)
Regarding claim 7, Dreher meets the claimed, The process according to Claim 6 wherein at least one of the one or more active agents comprises a surfactant (Dreher col. 22 lines 2-3 describe surfactants included in the fibrous elements.)
Regarding claim 8, Dreher meets the claimed, The process according to Claim 1 wherein the solid additives comprise particles (Dreher col. 49 lines 32-39 describe particles 36.)
Regarding claim 9, Dreher meets the claimed, The process according to Claim 8 wherein the particles comprise water-soluble particles (Dreher col. 14 lines 26-31 describe the particles contain both water soluble and water insoluble particles.)
Regarding claim 10, Dreher meets the claimed, The process according to Claim 8 wherein the particles comprise water-insoluble particles (Dreher col. 14 lines 26-31 describe the particles contain both water soluble and water insoluble particles.)
Regarding claim 12, Dreher does not explicitly meet the claimed, The process according to Claim 8 wherein the particles exhibit a D50 particle size of from about 100 µm to about 5000 µm as measured according to the Particle Size Distribution Test Method, however, Dreher col. 5 lines 16-31 describe median particle sizes including less than 1600 µm which overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP §2144.05(I).
Regarding claim 15, Dreher meets the claimed, The process according to Claim 8 wherein the particles comprise at least one active agent-containing particle (Dreher col. 5 lines 32-35 describes particles with active agents.)
Claims 11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over modified Dreher as applied to claims 1 or 8 above, and further in view of Venturino (US 2007/0045905.)
Regarding claim 11, Dreher does not disclose an agglomerate and does not meet the claimed, The process according to Claim 8 wherein at least one of the particles is an agglomerate.
Venturino also describes a method of combining a fibrous stream from a die with a particle additive and meets the claimed, The process according to Claim 8 wherein at least one of the particles is an agglomerate (Venturino [0030] describes the particles which are added to the fiber streams contain an agglomeration of more than one type of material.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the particles in Dreher with the agglomerate particles of Venturino in order to combine multiple types of particles together to accomplish multiple different purposes, see [0030].
Regarding claim 19, Dreher discloses a texturizing process and does not meet the claimed, The process according to Claim 1 wherein the process further comprises one or more converting operations selected from the group consisting of: slitting, stacking, calendering, treating with optional ingredients, die cutting, printing, packaging, mechanical plybonding, chemical plybonding, and combinations thereof.
Venturino meets the claimed, The process according to Claim 1 wherein the process further comprises one or more converting operations selected from the group consisting of: slitting, stacking, calendering, treating with optional ingredients, die cutting, printing, packaging, mechanical plybonding, chemical plybonding, and combinations thereof (Venturino [0045] and [0048]-[0049] describes multiple streams of fibers are combined together, see also Figure 1, and [0049] describes the multiple streams may be pinched together via pinch rolls which is essentially mechanical plybonding.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of Dreher with the mechanical plybonding step of running the material web through pinch rollers as described in Venturino in order to bond the layers of material together, see Venturino [0049].
Regarding claim 20, Venturino further meets the claimed, The process according to Claim 19 wherein the one or more converting operations yields a consumer useable saleable unit (Venturino [0049] describes the pinch roller step to form a product. Any product could be considered a consumer useable saleable unit.)
Claims 13-14 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Dreher as applied to claims 1 or 8 above, and further in view of Joseph (US 2020/0115833, made of record on the IDS dated 5/7/2025.)
Regarding claim 13, Dreher does not describe the entire particle distribution and does not meet the claimed, The process according to Claim 8 wherein the particles exhibit a D10 of greater than 44 µm as measured according to the Particle Size Distribution Test Method.
Joseph also describes a process of loading particles in a fibrous web and while Joseph does not explicitly meet the claimed, The process according to Claim 8 wherein the particles exhibit a D10 of greater than 44 µm as measured according to the Particle Size Distribution Test Method, however, Joseph [0130]-[0131], [0133], and in particular [0138]-[0139] describe the size and distribution of sizes of the particulates can be varied based on the intended service conditions. Since Joseph discloses that size distribution particles can make a product more suited for a particular service condition, it would have been obvious to a person of ordinary skill in the art before the filing date to modify the size distribution of particles through routine optimization in order to modify the suitability for the service condition, see Joseph [0144] and MPEP §2155.05(II)(B).
Regarding claim 14, Dreher does not describe the entire particle distribution and does not meet the claimed, The process according to Claim 8 wherein the particles exhibit a D90 of less than 1400 µm as measured according to the Particle Size Distribution Test Method.
Joseph also describes a process of loading particles in a fibrous web and while Joseph does not explicitly meet the claimed, The process according to Claim 8 wherein the particles exhibit a D90 of less than 1400 µm as measured according to the Particle Size Distribution Test Method, however, Joseph [0130]-[0131], [0133], and in particular [0138]-[0139] describe the size and distribution of sizes of the particulates can be varied based on the intended service conditions. Since Joseph discloses that size distribution particles can make a product more suited for a particular service condition, it would have been obvious to a person of ordinary skill in the art before the filing date to modify the size distribution of particles through routine optimization in order to modify the suitability for the service condition, see Joseph [0144] and MPEP §2155.05(II)(B).
Regarding claim 16, Dreher does not disclose the amount of particles included in the fibrous structure and does not meet the claimed, The process according to Claim 1 wherein the process results in a solid additive inclusion efficiency of greater than 40% as measured according to the Inclusion Efficiency Test Method.
Joseph also describes a process of loading particles in a fibrous web and while Joseph does not explicitly meet the claimed, The process according to Claim 1 wherein the process results in a solid additive inclusion efficiency of greater than 40% as measured according to the Inclusion Efficiency Test Method, however Joseph [0144] discloses the amount of particles included in the fibrous web is between 10-90% by weight of the total weight and can be varied depending on the desired final attributes. Since Joseph discloses that the amount of particles affects the amount of chemical additives and thereby the final attributes of the product, it would have been obvious to a person of ordinary skill in the art before the filing date to modify the amount of particles, and thereby the inclusion, through routine optimization in order to modify the final attributes of the product, see Joseph [0144] and MPEP §2155.05(II)(B).
Regarding claim 17, Dreher does not describe the dispersion of the additives throughout the structure and does not meet the claimed, The process according to Claim 1 wherein the solid additives are dispersed throughout the composite structure at an overall CD basis weight variation % RSD of less than 40.0% as measured according to the CD and MD Basis Weight Variation Test Method.
Joseph also describes a process of loading particles in a fibrous web and while Joseph does not explicitly meet the claimed, The process according to Claim 1 wherein the solid additives are dispersed throughout the composite structure at an overall CD basis weight variation % RSD of less than 40.0% as measured according to the CD and MD Basis Weight Variation Test Method, Joseph [0145] and [0160] disclose that uniformly distributing the particles throughout the fibrous web is desired. A uniform distribution as described would be lower than a 40% variation.
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of distributing particles with the method of distributing the particles uniformly as described in Joseph in order to distribute the active agents evenly around the web, see Joseph [0145] or [0160].
Regarding claim 18, Dreher does not describe the dispersion of the additives throughout the structure and does not meet the claimed, The process according to Claim 1 wherein the solid additives are dispersed throughout the composite structure at an overall MD basis weight variation % RSD of less than 40.0% as measured according to the CD and MD Basis Weight Variation Test Method.
Joseph also describes a process of loading particles in a fibrous web and while Joseph does not explicitly meet the claimed, The process according to Claim 1 wherein the solid additives are dispersed throughout the composite structure at an overall MD basis weight variation % RSD of less than 40.0% as measured according to the CD and MD Basis Weight Variation Test Method. Joseph [0145] and [0160] disclose that uniformly distributing the particles throughout the fibrous web is desired. A uniform distribution as described would be lower than a 40% variation.
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of distributing particles with the method of distributing the particles uniformly as described in Joseph in order to distribute the active agents evenly around the web, see Joseph [0145] or [0160].
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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/V.B./Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744