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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 14, 2026 has been entered.
Election/Restrictions
Newly submitted claim 20 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Inventions I (claims 13-19) and II (claim 20) are related as process and apparatus for its practice. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In this case the apparatus as claimed can be used to practice another and materially different process, such as creating particle free regions in a particle loaded web that does not contain fibers.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 20 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 13-19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Curro (US 2002/0039867).
Claim 13: Curro discloses a process for creating particle free regions in a particle loaded fibrous web on an apparatus for continuous operation (abstract), including providing a particle-loaded fibrous web (30, 130; ¶¶ 74, 109) including an aggregation of fibers and a plurality of particles positioned in interfiber interstices of the web or on an x-y-extending surface of the web (30, 130; ¶¶ 74, 90, 109), two web guides (fig. 9), a first web guide being a guide roll exhibiting radial and angular coordinates aligned with a machine direction of the apparatus when the web is in a tangential positioning to the guide roll and a cross-direction perpendicular to the machine direction (fig. 9), the guide roll further including a guide roll surface and a plurality of protrusions (116) positioned on and extending r-directionally from the surface of the roll (fig. 10) and a plurality of displacer tools (protuberances 116) positioned on and extending r-directionally from the surface of the web guide roll (figs. 9-10), the web guides forming a nip between the surface of the guide roll and the further web guide adapted to receive the web and exhibiting a nip width (figs. 9-10); feeding the web into the nip while concurrently rotating the guide roll such that the displacer tools penetrate into the web prior to the protrusions (figs. 9-10), while concurrently rotating the guide roll such that the displacer tools penetrate into the web prior to the protrusions (figs. 9-10, thereby dislocating particles cross-directionally and creating a particle free fibrous region corresponding to an apex of the displacer tools when the apex is in its point of culmination relative to the web (¶¶ 44, 70-78) and the outer layers contain fibers (¶¶ 97, 101), thereby creating a particle-free fibrous region in the web, with no displacement in a -r direction (¶¶ 44, 70-78, figs. 9-10), wherein the displacer tools exhibit a curved leading ridge (fig. 10; protuberances 116; ¶ 106).
Claim 14: Curro discloses the web including thermoplastic material and creating meltfusion bonding in the particle free region by applying heat energy (¶¶ 53, 65, 67, 103).
Claim 15: Curro discloses applying a hot melt adhesive to the particle free regions (Table 1).
Claim 16: Curro discloses the web including non-thermoplastic material (¶ 46).
Claim 17: Curro discloses the web including sub-webs (figs. 9-10; ¶¶ 70-78).
Claims 18-19: Curro discloses the web including being liquid absorbing and superabsorbent polymer particles (¶ 90).
Response to Arguments
Applicant's arguments filed March 18, 2026 have been fully considered but they are not persuasive.
Applicant argues that “the combination of features ‘further wherein said displacer tools exhibit a curved leading ridge’ is not disclosed or suggested by the cited reference.” This argument has been considered but is not persuasive. Paragraph 106 of Curro describes protruberances 116 (fig. 10) “are preferably truncated conical shapes that extend radially outwardly from surface 114 and which have . . . somewhat elliptical distal end surfaces 117.” The truncated conical protruberances of Curro therefore exhibit a curved leading ridge, which is no less than is required by the instant claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at 571-270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY W THROWER/Primary Examiner, Art Unit 1754
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