Detailed Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Double Patenting
3. 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.
Claims 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/480,585 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the ‘585 application are substantially similar to claims 1-15 of the present application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/480,589 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the ‘589 application are substantially similar to claims 1-20 of the present application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
4. 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.
(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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by U.S. Patent No. 10,694,915 to Policicchio et al.
Referring to claim 1, Policicchio et al. discloses a cleaning wipe – at 10, having a longitudinal axis – at LA, extending between opposing transverse edges – at the short ends of 10, that cross the longitudinal axis – see at each end of 10 in figures 1 and 2a, and longitudinal edges – long edges of 10, spaced apart from the longitudinal axis and extending between the transverse edges – see figures 1 and 2a, wherein the cleaning wipe – at 10, comprises, a first nonwoven – see upper of 25 and associated items 27 in figure 2a, extending along said longitudinal axis – see figures 1 and 2a, and comprising a plurality of first nonwoven strips – at 17, extending from first nonwoven fixed ends – see at 17 in figures 1 and 2a, wherein the first nonwoven fixed ends are oriented towards the longitudinal axis – see ends proximate the folds in figure 2a, wherein the first nonwoven is gate folded – see folds in figure 2a, and comprises a first nonwoven main portion – see center of 25,27, that extends across the longitudinal axis – see figures 1 and 2a, a pair of first nonwoven fold lines on opposite sides of the longitudinal axis – see folds at each end of 25,27 in figure 2a, and a pair of first nonwoven gate portions each of which extend from one of the first nonwoven fold lines – see portions of 25,27 extending from the folds in figure 2a, towards a central bonded portion – at the center of 25,27 – see figures 1 and 2a, and are bonded to the first nonwoven main portion – see via 38 in figure 2a, and a second nonwoven – either of the sets of items 27 at the lower of items 25 in figure 2a, extending along the longitudinal axis – see figures 1 and 2a, wherein the second nonwoven is joined to the first nonwoven along the central bonded portion – see items 25 bonded via item 38 in figure 2a, and comprises a plurality of second nonwoven strips – at 17, extending from second nonwoven fixed ends – see proximate the folds in figures 1 and 2a, to second nonwoven free ends – see free edges in figures 1,2a, wherein the second nonwoven fixed ends are oriented towards the longitudinal axis – see at 17,27 in figure 2a, wherein along the central bonded portion the second nonwoven is below the first nonwoven – see items 25 in figures 1 and 2a, wherein the second nonwoven is gate folded – see folds in figure 2a, and comprises a second nonwoven main portion – center of 27, that extends across said longitudinal axis – see figures 1 and 2a, a pair of second nonwoven fold lines – see folds in figure 2a, on opposite sides of the longitudinal axis – see figures 1 and 2a, and a pair of second nonwoven gate portions – see at 27 extending from the folds in figures 1 and 2a, each of which extend from one of the second nonwoven fold lines towards the central bonded portion – see figures 1 and 2a, and are bonded to the second nonwoven main portion – see via 38 in figure 2a, wherein the central bonded portion extends between the transverse edges – see at 27 in figures 1 and 2a, wherein more than about 10% by number of the second nonwoven strips – at 17, are bent – see at the folds in figure 2a, so that the second nonwoven free ends are out of plane relative to the second nonwoven fixed ends – see figure 2a where the top portions 27 having free ends are out of the central plane of the center of items 27 having the fixed ends.
Referring to claim 2, Policicchio et al. further discloses more than about 30% by number of the second nonwoven strips – at 17, are bent – at the folds, so that the second nonwoven free ends are out of plane relative to the second nonwoven fixed ends – see figure 2a where the top portions 27 having free ends are out of the central plane of the center of items 27 having the fixed ends.
Referring to claim 3, Policicchio et al. further discloses parts of the first nonwoven gate portions adjacent said first nonwoven fold lines and the first nonwoven main portion are unbonded to one another – see bonds 38 are not at the folds and gate portions as seen in figure 2a.
Referring to claim 4, Policicchio et al. further discloses the second nonwoven gate portions each extend to an individual second nonwoven gate portion end – see at the folds in figure 2a, wherein parts of the second nonwoven gate portions adjacent the second nonwoven fold lines and the second nonwoven main portion are unbonded to one another – see bonds 38 are not at the folds and gate portions as seen in figure 2a.
Referring to claim 5, Policicchio et al. further discloses the cleaning wipe – at 10, further comprises, a third nonwoven – see bottom set of items 27 of the lower of 25 in figure 2a, extending along the longitudinal axis – see figures 1 and 2a, wherein the third nonwoven is joined directly or indirectly to the second nonwoven along the central bonded portion – see directly joined via items 38 in figure 2a, and comprises a plurality of third nonwoven strips – at 17, extending from third nonwoven fixed ends – at the folds – see figure 2a, wherein the third nonwoven fixed ends are oriented towards the longitudinal axis – see figure 2a, and wherein along the central bonded portion the second nonwoven is between the first nonwoven and the third nonwoven – see at 25,27 in figures 1 and 2a.
Referring to claim 6, Policicchio et al. further discloses the third nonwoven strips – a 17, extend further away from the longitudinal axis than the second nonwoven strips – at 17 – see figures 1 and 2a with the third nonwoven strips further from the center of the device.
Referring to claim 7, Policicchio et al. further discloses the third nonwoven is gate folded – see at the folds in figure 2a, and comprises a third nonwoven main portion – center of 25,27, that extends across the longitudinal axis – see figure 2a, a pair of third nonwoven fold lines on opposite sides of said longitudinal axis – see folds in figure 2a, and a pair of third nonwoven gate portions – see proximate the folds in figure 2a, each of which extend from one of the third nonwoven fold lines towards the central bonded portion – see at 27 in figure 2a, and are bonded to the third nonwoven main portion – see via 38 in figure 2a.
Referring to claim 8, Policicchio et al. further discloses the third nonwoven gate portions are bonded to the third nonwoven main portion at positions on opposite sides of and away from longitudinal axis – see via items 38 in figure 2a.
Referring to claim 9, Policicchio et al. further discloses the third nonwoven gate portions each extend to an individual third nonwoven gate portion end – see proximate the folds in figure 2a, wherein parts of the third nonwoven gate portions adjacent the third nonwoven fold lines and the third nonwoven main portion are unbonded to one another – see figure 2a where items 38 are not at the folds.
Referring to claims 10-13, Policicchio et al. further discloses a fourth nonwoven – at 25,27 can be used as seen in column 7 lines 39-53 detailing up to 25 of items 27 can be used and therefore multiple of items 25 as seen in figures 1 and 2a can be used to create a fourth nonwoven and claim 10 is substantially similar to claim 5 and therefore the rejection of claim 5 applies to claim 10 with respect to the fourth nonwoven and see the rejection of claim 5 detailed earlier. Claim 11 is substantially similar to claim 7 and therefore the rejection of claim 7 applies to claim 11 with respect to the fourth nonwoven. Claim 12 is substantially similar to claim 8 and therefore the rejections of claim 8 applies to claim 12 with respect to the fourth nonwoven. Claim 13 is substantially similar to claim 8 and therefore the rejection of claim 9 applies to claim 13 with respect to the fourth nonwoven.
Referring to claim 14, Policicchio et al. further discloses the cleaning wipe – at 10, is folded about a fold axis – see at the folds of 27 which extends perpendicular/orthogonal to the longitudinal axis – at LA, and portions of the first nonwoven – at 25,27, on opposite sides of the fold axis face one another – see items 27 arranged on top of each other to face each other as seen in figures 1 and 2a.
Referring to claim 15, Policicchio et al. further discloses the first nonwoven strips – at 17, have a first color and said second nonwoven strips – at 17, have a second color, wherein the first color differs from the second color – see column 1 lines 34-42.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The following patents are cited to further show the state of the art with respect to cleaning wipes in general:
U.S. Pub. No. 2002/0146956 to Ngai – shows cleaning wipe
U.S. Pat. No. 8,245,349 to Tsuchiya et al. – shows cleaning wipe
U.S. Pat. No. 8,341,797 to Young – shows cleaning wipe
U.S. Pat. No. 8,763,197 to Policicchio – shows cleaning wipe
U.S. Pat. No. 9,833,118 to Policicchio – shows cleaning wipe
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643