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 § 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 16-17 and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 16, 17, and 20 each recite the limitation "The product" in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears that “The product” in the preamble of claims 16 and 17 is referring to “The cleaning wipe” of claims 1-15. It appears that “The product” in the preamble of claim 20 is referring to “The cleaning wipe” of claims 18-19.
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 (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 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.
Claim(s) 1-2 and 4-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Policicchio, US 9,833,118.
Regarding claim 1, Policicchio discloses a cleaning wipe (10) having a longitudinal axis extending between opposing transverse edges that cross said longitudinal axis and longitudinal edges spaced apart from said longitudinal axis and extending between said transverse edges (axis is LA, see Figures 3, 4A), wherein said cleaning wipe comprises: a first nonwoven extending along said longitudinal axis (one of 27, part of 25, see column 4 lines 8-28 and column 6 lines 46-51) comprising a plurality of first nonwoven strips extending from first nonwoven fixed ends (strips 17, Figures 1, 3, 4A), wherein said first nonwoven fixed ends are oriented towards said longitudinal axis (Figures 1, 3, 4A); a second nonwoven extending along said longitudinal axis (another one of 27, part of 25), wherein said second nonwoven is joined to said first nonwoven along a central bonded portion (bond at 38, see Figures 2A, 2B, 3A) and comprises a plurality of second nonwoven strips extending from second nonwoven fixed ends to second nonwoven free ends (also 17, Figures 1, 3, 4A), wherein said second nonwoven fixed ends are oriented towards said longitudinal axis (Figures 1, 3, 4A), wherein along said central bonded portion said second nonwoven is below said first nonwoven (Figures 1-3); a third nonwoven extending along said longitudinal axis (third one of 27), wherein said third nonwoven is joined directly or indirectly to said second nonwoven along said central bonded portion (Figures 1-3) and comprises a plurality of third nonwoven strips extending from third nonwoven fixed ends (also 17, Figures 1, 3, 4A), wherein said third nonwoven fixed ends are oriented towards said longitudinal axis (Figures 1, 3, 4A), and wherein along said central bonded portion said second nonwoven is between said first nonwoven and said third nonwoven (Figures 2A-2B); and a fourth nonwoven extending along said longitudinal axis (fourth one of 27, column 7 lines 15-17, 40-47), wherein said fourth nonwoven is joined to said third nonwoven along said central bonded portion (at 38, Figures 2A-2B, column 7 lines 40-41) and comprises a plurality of fourth nonwoven strips extending from fourth nonwoven fixed ends (also 17, see Figures 1, 3, 4A), wherein said fourth nonwoven fixed ends are oriented towards said longitudinal axis L (Figures 1, 3, 4A), and wherein along said central bonded portion said third nonwoven is between said second nonwoven and said fourth nonwoven (Figures 2A-2B, column 7 lines 40-47), wherein said fourth nonwoven is further joined to said third nonwoven by a pair of outboard bonds that are outboard of said central bonded portion on opposite sides of said longitudinal axis (also 38, see Figures 2A-2B; see also column 7 lines 48-52, column 7 line 65 to column 8 lines 13), wherein said outboard bonds extend between said transverse edges (embodiments described in column 7 line 65 to column 8 line 13, column 9 line 50-58, column 10 lines 54-63, column 11 lines 40-47; Figures 2A-3, 4A-4B, 5A); wherein more than about 10% by number of said second nonwoven strips are bent so that said second nonwoven free ends are out of plane relative to said second nonwoven fixed ends (bent/deformed during fluffing or use, column 6 lines 36-39 or alternatively bent at the folds as shown in Figures 1-2B, 4B-5G). Regarding claim 2, the central bonded portion comprises thermal bonds (column 8 lines 65-66). Regarding claim 4, said first nonwoven is gate folded and comprises a first nonwoven main portion that extends across said longitudinal axis (gated folded in the embodiment of Figure 5A), a pair of first nonwoven fold lines on opposite sides of said longitudinal axis (Figure 5A), and a pair of first nonwoven gate portions each of which extend from one of said first nonwoven fold lines towards said central bonded portion and are bonded to said first nonwoven main portion (bonded at 38, see Figure 5A). Regarding claim 5, said first nonwoven gate portions are between said first nonwoven main portion and said second nonwoven (Figure 5A). Regarding claim 6, parts of said first nonwoven gate portions adjacent said first nonwoven fold line and said first nonwoven main portion are unbonded to one another (Figure 5A, bond is only at 38). Regarding claim 7, the second nonwoven is gate folded and comprises a second nonwoven main portion that extends across the longitudinal axis (Figure 5A), a pair of second nonwoven fold lines on opposite sides of the longitudinal axis (Figure 5A), and a pair of second nonwoven gate portions, each of which extend from one of said second nonwoven fold lines towards the central bonded portion and are bonded to the second nonwoven main portion (Figure 5A). Regarding claim 8, the second nonwoven gate portions each extend to an individual second nonwoven gate portion end (Figure 5A), wherein parts of the second nonwoven gate portions adjacent said second nonwoven fold lines and said second nonwoven main portion are unbonded to one another (Figure 5A, bond is only at 38). Regarding claim 9, the third nonwoven strips extend further away from the longitudinal axis than the second nonwoven strips (in that the strips become longer closer to the target surface, see column 7 lines 53-64). Regarding claim 10, the third nonwoven is gate folded and comprises a third nonwoven main portion that extends across said longitudinal axis (folded in the same manner of Figure 5A; while the third layer is not shown note that there may be between 2 and 25 layers of 27, see column 6 line 66 to column 7 line 8), a pair of third nonwoven fold lines on opposite sides of the longitudinal axis (Figure 5A), and a pair of third nonwoven gate portions each of which extend from one of the third nonwoven fold lines towards the central bonded portion and are bonded to the third nonwoven main portion (Figure 5A). Regarding claim 11, said third nonwoven gate portions are bonded to said third nonwoven main portion at positions on opposite sides of and away from said longitudinal axis (at 38, Figure 5A). Regarding claim 12, said third nonwoven gate portions each extend to an individual third nonwoven gate portion end, wherein parts of said third nonwoven gate portions adjacent said third nonwoven fold lines and said third nonwoven main portion are unbonded to one another (Figure 5A). Regarding claim 13, the fourth nonwoven is gate folded (folded in the same manner of Figure 5A; while the third layer is not shown note that there may be between 2 and 25 layers of 27, see column 6 line 66 to column 7 line 8) and comprises a fourth nonwoven main portion that extends across said longitudinal axis (Figure 5A), a pair of fourth nonwoven fold lines on opposite sides of said longitudinal axis (Figure 5A), and a pair of fourth nonwoven gate portions each of which extend from one of said fourth nonwoven fold lines towards said central bonded portion and are bonded to said fourth nonwoven main portion (at 38, Figure 5A). Regarding claim 14, wherein said fourth nonwoven gate portions are bonded to said fourth nonwoven main portion at positions on opposite sides of and away from said longitudinal axis (Figure 5A).
[AltContent: textbox (nonwoven gate portions)]
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The examiner has annotated Figure 5A above and to keep the image clear only the top nonwoven (27) is labeled to show portions of the gate-fold as interpreted. As previously mentioned, the wipe of Policicchio may include between 2 and 25 layers of the nonwoven 27 (see column 6 line 66 to column 7 line 8).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Policicchio, US 9,833,118 in view of Tsuchiya et al., US 8,245,349.
Policicchio disclose all elements previously discussed above. It is noted that the bonded portion can be formed by various types of bods including thermal bonds (or adhesive, ultrasonic, see column 8 line 65 to column 9 line 5), however there is no mention that the central bonded portion also includes chemical bonds.
Tsuchiya et al. disclose a cleaning wipe (110) formed of nonwoven layers (111) having nonwoven strips (Figures 3-5). Regarding claim 3, the nonwoven layers are bonded at a central bonded portion (113, Figure 6) by chemical bonds to entangle the fibers (incorporated with thermal bonding, column 2 lines 8-12).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermal bonds of Policicchio to also include chemical bonding as part of the bond, as taught by Tsuchiya et al. in order to entangle the fibers of the nonwoven sheets.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Policicchio, US 9,833,118 in view of Yamada, WO 2006/070502 A1.
Policicchio discloses all elements previously mentioned above, however fails to disclose that the first nonwoven strips have a first color and the second nonwoven strips have a second color, wherein the first color differs from the second color.
Regarding claim 15, Yamada teaches a similar cleaning wipe, the wipe comprising first and second nonwoven layers (6, see English translation), the first and second nonwoven layers having strips (Figure 1), each of the layers are constructed of different (first and second) colors to improve the design of the wipe (see English translation paragraphs [0024], [0034]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the colors of the first and second nonwoven strips of Policicchio so that they are different colors, as taught by Yamada, to improve the design and aesthetic of the wipe.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Policicchio, US 9,833,118 in view of Ogale, US 2011/0041274.
Policicchio discloses all elements previously mentioned above, including that more than about 10% by number of the second nonwoven strips are bent so that they are out of a plane relative to the second nonwoven fixed ends (bent/deformed during fluffing or use, column 6 lines 36-39 or alternatively bent at the folds as shown in Figures 1-2B, 4B-5G). Policicchio fails to disclose that the second nonwoven free ends are above the first nonwoven free ends or are twisted so that the second nonwoven free ends are out of a plane relative to the second nonwoven fixed ends and are above the first nonwoven free ends.
Ogale teaches a cleaning wipe (1) of nonwoven layers having first and second nonwoven strips (nonwoven layers 20, strips referred to as ribbons, see paragraph [0014]) with free ends (at 24) and fixed ends (at 26, Figure 3). Regarding claim 16, more than 10% by number of the second nonwoven strips are bent so that the second nonwoven free ends are out of plane relative to nonwoven fixed ends and are above first nonwoven free ends (Figures 2-4 show numerous second strips that are bent in such a way that they are out of a plane and positioned above first nonwoven ends, see also paragraph [0023]). Regarding claim 17, more than about 10% by number of the second nonwoven strips are twisted so that the free ends are out of plane relative to the fixed ends and are above first nonwoven free ends (twisted in that they are rotated, Figure 3, paragraph [0023]). This is done so that there is continuous contact between the strips and the surface being cleaned and increases the article’s cleaning capacity and also improves the shape of the cleaning wipe when compressed (paragraphs [0023]-[0024]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second nonwoven strips of Policicchio so that they are bend and/or twisted so that the second nonwoven free ends are out of a plane relative to the second nonwoven fixed ends and above the first nonwoven free ends, as taught by Ogale, so that the cleaning wipe has an increased cleaning capacity and has a voluminous shape when compressed.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Policicchio, US 9,833,118 in view of Ogale, US 2011/0041274.
Regarding claim 18, Policicchio discloses a cleaning wipe (10) having a longitudinal axis extending between opposing transverse edges that cross said longitudinal axis and longitudinal edges spaced apart from said longitudinal axis and extending between said transverse edges (axis is LA, see Figures 3, 4A), wherein said cleaning wipe comprises: a first nonwoven extending along said longitudinal axis (one of 27, part of 25, see column 4 lines 8-28 and column 6 lines 46-51) comprising a plurality of first nonwoven strips extending from first nonwoven fixed ends (strips 17, Figures 1, 3, 4A), wherein said first nonwoven fixed ends are oriented towards said longitudinal axis (Figures 1, 3, 4A); a second nonwoven extending along said longitudinal axis (another one of 27, part of 25), wherein said second nonwoven is joined to said first nonwoven along a central bonded portion (bond at 38, see Figures 2A, 2B, 3A) and comprises a plurality of second nonwoven strips extending from second nonwoven fixed ends to second nonwoven free ends (also 17, Figures 1, 3, 4A), wherein said second nonwoven fixed ends are oriented towards said longitudinal axis (Figures 1, 3, 4A), wherein along said central bonded portion said second nonwoven is below said first nonwoven (Figures 1-3); a third nonwoven extending along said longitudinal axis (third one of 27), wherein said third nonwoven is joined directly or indirectly to said second nonwoven along said central bonded portion (Figures 1-3) and comprises a plurality of third nonwoven strips extending from third nonwoven fixed ends (also 17, Figures 1, 3, 4A), wherein said third nonwoven fixed ends are oriented towards said longitudinal axis (Figures 1, 3, 4A), and wherein along said central bonded portion said second nonwoven is between said first nonwoven and said third nonwoven (Figures 2A-2B); and a fourth nonwoven extending along said longitudinal axis (fourth one of 27, column 7 lines 15-17, 40-47), wherein said fourth nonwoven is joined to said third nonwoven along said central bonded portion (at 38, Figures 2A-2B, column 7 lines 40-41) and comprises a plurality of fourth nonwoven strips extending from fourth nonwoven fixed ends (also 17, see Figures 1, 3, 4A), wherein said fourth nonwoven fixed ends are oriented towards said longitudinal axis L (Figures 1, 3, 4A), and wherein along said central bonded portion said third nonwoven is between said second nonwoven and said fourth nonwoven (Figures 2A-2B, column 7 lines 40-47), wherein said fourth nonwoven is further joined to said third nonwoven by a pair of outboard bonds that are outboard of said central bonded portion on opposite sides of said longitudinal axis (also 38, see Figures 2A-2B; see also column 7 lines 48-52, column 7 line 65 to column 8 lines 13), wherein said outboard bonds extend between said transverse edges (embodiments described in column 7 line 65 to column 8 line 13, column 9 line 50-58, column 10 lines 54-63, column 11 lines 40-47; Figures 2A-3, 4A-4B, 5A). Regarding claim 19, said first nonwoven is gate folded and comprises a first nonwoven main portion that extends across said longitudinal axis (gated folded in the embodiment of Figure 5A), a pair of first nonwoven fold lines on opposite sides of said longitudinal axis (Figure 5A), and a pair of first nonwoven gate portions each of which extend from one of said first nonwoven fold lines towards said central bonded portion and are bonded to said first nonwoven main portion (bonded at 38, see Figure 5A).
Policicchio fails to disclose that the second nonwoven strips are interlaced with the first nonwoven strips and further fail to disclose that more than 10% by number of said second nonwoven strips are bent so that the second nonwoven free ends are out of plane relative to the second nonwoven fixed ends and are above the first nonwoven ends.
Ogale teaches a cleaning wipe (1) of nonwoven layers having first and second nonwoven strips (nonwoven layers 20, strips referred to as ribbons, see paragraph [0014]) with free ends (at 24) and fixed ends (at 26, Figure 3). Regarding claim 18, the second nonwoven strips are interlaced with the first nonwoven strips (Figures 2-4, paragraph [0023]). Regarding claim 20, more than 10% by number of the second nonwoven strips are bent so that the second nonwoven free ends are out of plane relative to nonwoven fixed ends and are above first nonwoven free ends (Figures 2-4 show numerous second strips that are bent in such a way that they are out of a plane and positioned above first nonwoven ends, see also paragraph [0023]). This is done so that there is continuous contact between the strips and the surface being cleaned and increases the article’s cleaning capacity and also improves the shape of the cleaning wipe when compressed (paragraphs [0023]-[0024]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second nonwoven strips of Policicchio so that they are bend and/or twisted so that the second nonwoven free ends are out of a plane relative to the second nonwoven fixed ends and above the first nonwoven free ends, as taught by Ogale, so that the cleaning wipe has an increased cleaning capacity and has a voluminous shape when compressed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 4 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of copending Application No. 18/480591 (reference application)(published as US 2024/0115103). Although the claims at issue are not identical, they are not patentably distinct from each other because both claims recite nearly verbatim the same subject matter of a cleaning wipe, with first, second, third and fourth nonwovens having nonwoven strips and are bonded. Claim 10 of copending ‘591 additionally recites that the first and second nonwovens are gate folded, whereas claim 4 only requires that the first nonwoven is gate folded. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to form all of the nonwovens to be gate folded to enhance the cleaning abilities of the cleaning wipe of claim 4.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10 and 12 of copending Application No. 18/480585 (reference application)(published as US 2024/0115101). Although the claims at issue are not identical, they are not patentably distinct from each other because both claims recite nearly verbatim the same subject matter of a cleaning wipe, with first, second, third and fourth nonwovens having nonwoven strips and are bonded. Claim 13 of the present application corresponds to claim 12 of ‘585. Claim 10 of ‘585 additionally recites a container for containing the wipes, however the claimed wipe required by claim 10 recites the same features required by the wipe of claim 1 of the present application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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