DETAILED ACTION
This is in response to communication received on 12/1/23.
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.
Claim 14, 15 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.
As for claim 14, it requires wherein at least two adjacent pockets are nested while receiving the first particles which Examiner notes are contradictory requirements. Pockets that are adjacent to each other are next to each other, and nested pockets would be staked on top of each other. How can two pockets be both adjacent to each other while also being nested into each other? It is possible that Applicant means that the pockets are both nested into another structure, but as written the claim requires that the pockets be nested together.
For purposes of compact prosecution, Examiner will interpret the claim to read as wherein at least two adjacent pockets are within the same apparatus while receiving the first particles
Appropriate correction is required.
As for claim 15, it depends from claim 14 and contains all the limitations thereof, and is therefore similarly rejected.
As for claim 20, it contains that limitation of wherein the at least one of the one or more pockets receiving the first particles is nested with an adjacent pocket while receiving the first particles.
How can pockets that are nested together (into each other) also be adjacent to the pocket and also be receiving particles? As explained above, being adjacent to a pocket while also being nested with said pocket is not physically possible.
For purposes of compact prosecution, Examiner will interpret the claim to read as wherein at least two adjacent pockets are within the same apparatus while receiving the first particles
Appropriate correction is required.
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.
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.
Claim(s) 1-10, 12-19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Brandt-Sanz US PGPub 2017/0368580 hereinafter SANZ in view of Beach-Herrara et al. WO2020081561 hereinafter HERRARA.
As for claim 1, SANZ teaches “Seal cleaner for use in making water soluble pouches containing a granular composition” (paragraph 1) and “A pouch forming machine 1 for forming a water soluble pouch 10 is shown in FIG. 3” (paragraph 24, lines 1-2), i.e. A method of manufacturing a water soluble product comprising particles.
SANZ teaches “providing a first web carried on said forming pockets; conforming said
first web to said forming pockets to form a plurality of recesses in said first web with said seal landings between said recesses” (paragraph 11, lines 6-10), and “A water soluble pouch 10 is shown in FIG. 1. The
water soluble pouch 10 can comprise a water soluble first sheet 20 and a water soluble second sheet 30 joined to the water soluble first sheet 20 to at least partially define a compartment 40 containing a granular material 50” (paragraph 19), i.e. comprising: a) providing a first continuous water soluble fibrous substrate comprising a first side moving in a first direction.
SANZ further teaches “depositing a granular material into said recesses” (paragraph 11, lines 10-11), i.e. d) delivering the first particles… onto at least a portion of the first side of the first continuous water soluble fibrous substrate.
SANZ further teaches “A water soluble pouch 10 is shown in FIG. 1. The water soluble pouch 10 can comprise a water soluble first sheet 20 and a water soluble second sheet 30 joined to the water soluble first sheet 20 to at least partially define a compartment 40 containing a granular material 50” (paragraph 19), i.e. e) at least partially covering the first side of the first continuous water soluble fibrous substrate with a covering.
SANZ is silent on a discretizing unit with pockets.
HERRARA teaches “The present invention provides a method and system for the forming of a bound powder or bound-particulate article within a volume of a depression of a packaging material, and for an article of manufacture that is formed in situ within the depression of its packaging” (paragraph 12, lines 1-3).
HERRARA teaches “A representative example of a dosing apparatus 24 is shown in Figure 7 as a manual dosing device 75” (paragraph 142) and shows in Figures Fig. 7-9 which shows b) providing a discretizing unit comprising one or more pockets, wherein the one or more pockets have an ingress and an egress, c) providing a first feed of first particles to the ingress of at least one of the one or more pockets; d) delivering the first particles from the egress of the one or more pockets of the discretizing unit onto at least a portion of the packaging material.
HERRARA teaches “The method and system can be used for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility” (paragraph 12, lines 8-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes b) providing a discretizing unit comprising one or more pockets, wherein the one or more pockets have an ingress and an egress, c) providing a first feed of first particles to the ingress of at least one of the one or more pockets; d) delivering the first particles from the egress of the one or more pockets of the discretizing unit onto at least a portion of the first side of the first continuous water soluble fibrous substrate because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 2, SANZ further teaches “A water soluble pouch 10 is shown in FIG. 1. The water soluble pouch 10 can comprise a water soluble first sheet 20 and a water soluble second sheet 30 joined to the water soluble first sheet 20 to at least partially define a compartment 40 containing a granular material 50” (paragraph 19), i.e. further comprising sealing the first continuous water soluble fibrous substrate and the covering entrapping at least a portion of the first particles between the first water soluble substrate and the covering, wherein the covering comprises a second fibrous water soluble substrate.
As for claim 3, SANZ is silent on the discretizing unit.
HERRARA teaches “Figure 7 illustrates an example of a dosing apparatus that can deliver a predetermined amount of powder material inside a depression of a blister-type packaging including, but not limited to, by a predetermined mass weight and by a predetermined volume” (paragraph 61), i.e. wherein a predetermined amount is understood to be the desired amount of particles to be delivered and stays at the target area such that wherein the first particles are delivered to a target area on the first side of the first continuous water soluble substrate and at least 75% of the first particles stay on the target area upon exiting the discretizing unit as the predetermined amount is all applied to the surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein the first particles are delivered to a target area on the first side of the first continuous water soluble substrate and at least 75% of the first particles stay on the target area upon exiting the discretizing unit because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 4, SANZ is silent on the discretizing unit.
teaches the “apparatus can include a second or more dosing apparatus for dispensing a second powder material, including a different second powder material, into the depressions, for forming a dosage form that contains two ( or more) source, types and compositions of powder material” (paragraph 158), i.e. wherein multiple pockets provide particles to the target area.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein multiple pockets provide particles to the target area because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 5, SANZ is silent on the discretizing unit.
HERRARA teaches the “apparatus can include a second or more dosing apparatus for dispensing a second powder material, including a different second powder material, into the depressions, for forming a dosage form that contains two ( or more) source, types and compositions of powder material” (paragraph 158), i.e. further comprising providing a second feed of particles, wherein the second feed of particles may be the same compositionally or different compositionally than the first particles and the second feed of particles may be to the same one or more pockets as the first feed of particles or different one or more pockets than the first feed of particles.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes further comprising providing a second feed of particles, wherein the second feed of particles may be the same compositionally or different compositionally than the first particles and the second feed of particles may be to the same one or more pockets as the first feed of particles or different one or more pockets than the first feed of particles because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 6, SANZ is silent on the discretizing unit.
HERRARA teaches “Figure 7 illustrates an example of a dosing apparatus that can deliver a predetermined amount of powder material inside a depression of a blister-type packaging including, but not limited to, by a predetermined mass weight and by a predetermined volume” (paragraph 61), and further shows in Figures 8-10, wherein the discretizing unit discretizes a continuous flow of the first particles into one or more individual doses.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein the discretizing unit discretizes a continuous flow of the first particles into one or more individual doses because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 7, SANZ is silent on the discretizing unit.
HERRARA shows in Figure 7 the unit having an egress that is smaller in surface area than the ingress.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein the egress has a smaller surface area than the ingress because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 8, SANZ is silent on the discretizing unit.
HERRARA teaches in Fig. 11-12B a discretizing unit that shows b) providing a discretizing unit comprising one or more pockets, wherein the one or more pockets have an ingress and an egress, c) providing a first feed of first particles to the ingress of at least one of the one or more pockets; d) delivering the first particles from the egress of the one or more pockets of the discretizing unit onto at least a portion of the packaging material and further wherein at least one pocket of the discretizing unit travels in sync with the… substrate during deposition of the particles onto the… substrate.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein at least one pocket of the discretizing unit travels in sync with the first continuous water soluble fibrous substrate during deposition of the particles onto the first continuous water soluble fibrous substrate because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 9, SANZ teaches “The conveyor system 520 can convey the molds 530 and thereby first web 505 at a rate of from about 5 m/min to about 20 m/min, inclusive of any ranges of or single values of integers there between. The conveyor system 520 can be a belt or drum or other structure suitable for conveying molds 530” (paragraph 26), i.e. a range that overlaps with wherein the first continuous water soluble fibrous substrate is moving in the first direction at about 5 m/min to about 100 m/min. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
As for claim 10, SANZ is silent on the discretizing unit.
HERRARA teaches “Figure 7 illustrates an example of a dosing apparatus that can deliver a predetermined amount of powder material inside a depression of a blister-type packaging including, but not limited to, by a predetermined mass weight and by a predetermined volume” (paragraph 61), and further shows in Figures 8-10, wherein the first particles are delivered intermittently from the discretizing unit.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein the first particles are delivered intermittently from the discretizing unit because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 12, SANZ teaches “The overall plan area of the water soluble pouch can be less than about 10000 mm2, or even less than about 2500 mm2” (paragraph 21, lines 6-8), i.e. a range that overlaps with wherein the particles are delivered from the discretizing unit into an area of about 20 mm2 to about 10,000 mm2 of the first continuous substrate to form a single dose. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
As for claim 13, SANZ is silent on the discretizing unit.
HERRARA teaches in Fig. 11-12B a discretizing unit that shows wherein the distance from pocket egress to the first water soluble fibrous substrate during the delivery of the first particles is from 0 to about 50 mm as the distance is zero.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein the distance from pocket egress to the first water soluble fibrous substrate during the delivery of the first particles because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 14, SANZ is silent on the discretizing unit.
HERRARA teaches the “apparatus can include a second or more dosing apparatus for dispensing a second powder material, including a different second powder material, into the depressions, for forming a dosage form that contains two ( or more) source, types and compositions of powder material” (paragraph 158), i.e. wherein at least two adjacent pockets are nested while receiving the first particles.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein at least two adjacent pockets are nested while receiving the first particles because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 16, SANZ is silent on the discretizing unit.
HERRARA teaches in Figs. 14-16 b) providing a discretizing unit comprising one or more pockets, wherein the one or more pockets have an ingress and an egress, c) providing a first feed of first particles to the ingress of at least one of the one or more pockets; d) delivering the first particles from the egress of the one or more pockets of the discretizing unit onto at least a portion of the packaging material and further wherein the one or more pockets move in the first direction, at a constant speed while receiving particles, or a combination thereof, specifically is shows the pocket 285 moving in a first direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein the one or more pockets move in the first direction, at a constant speed while receiving particles, or a combination thereof because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 17, SANZ is silent on the discretizing unit.
HERRARA teaches “A representative example of a dosing apparatus 24 is shown in Figure 7 as a manual dosing device 75” (paragraph 142) and shows in Figures Fig. 7-9 which shows wherein the first water soluble fibrous substrate is held at a constant distance from the discretizing unit while underneath the discretizing unit.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein the first water soluble fibrous substrate is held at a constant distance from the discretizing unit while underneath the discretizing unit because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 18, SANZ is silent on the discretizing unit.
HERRARA teaches in Fig. 11-12B a discretizing unit that shows wherein at least one of the one or more pockets move downward toward the first water soluble fibrous substrate to deposit the first particles, the first water soluble fibrous substrate moves upward toward the one or more pockets to receive the first particles, or a combination thereof.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein at least one of the one or more pockets move downward toward the first water soluble fibrous substrate to deposit the first particles, the first water soluble fibrous substrate moves upward toward the one or more pockets to receive the first particles, or a combination thereof because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 19, SANZ is silent on the discretizing unit.
HERRARA teaches in Fig. 11-12B a discretizing unit that shows wherein the one or more pockets move in a loop.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes wherein the one or more pockets move in a loop because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
As for claim 20, SANZ teaches “Seal cleaner for use in making water soluble pouches containing a granular composition” (paragraph 1) and “A pouch forming machine 1 for forming a water soluble pouch 10 is shown in FIG. 3” (paragraph 24, lines 1-2), i.e. A method of manufacturing a water soluble product comprising particles.
SANZ teaches “providing a first web carried on said forming pockets; conforming said
first web to said forming pockets to form a plurality of recesses in said first web with said seal landings between said recesses” (paragraph 11, lines 6-10), and “A water soluble pouch 10 is shown in FIG. 1. The
water soluble pouch 10 can comprise a water soluble first sheet 20 and a water soluble second sheet 30 joined to the water soluble first sheet 20 to at least partially define a compartment 40 containing a granular material 50” (paragraph 19), i.e. a) providing a first continuous water soluble fibrous substrate moving in a first direction.
SANZ further teaches “depositing a granular material into said recesses” (paragraph 11, lines 10-11), i.e. d) delivering the first particles… onto at least a portion of the first side of the first continuous water soluble fibrous substrate.
SANZ is silent on a discretizing unit with pockets.
HERRARA teaches “The present invention provides a method and system for the forming of a bound powder or bound-particulate article within a volume of a depression of a packaging material, and for an article of manufacture that is formed in situ within the depression of its packaging” (paragraph 12, lines 1-3).
HERRARA teaches “A representative example of a dosing apparatus 24 is shown in Figure 7 as a manual dosing device 75” (paragraph 142) and shows in Figures Fig. 7-9 which shows b) providing a discretizing unit comprising one or more pockets, wherein the one or more
pockets have an ingress and an egress… d) delivering the first particles from the egress of the one or more pockets of the discretizing unit onto a portion of a first side of the… substrate.
HERRARA teaches the “apparatus can include a second or more dosing apparatus for dispensing a second powder material, including a different second powder material, into the depressions, for forming a dosage form that contains two ( or more) source, types and compositions of powder material” (paragraph 158), i.e. wherein at least two adjacent pockets are nested while receiving the first particles.
HERRARA teaches “The method and system can be used for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility” (paragraph 12, lines 8-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the discretizing unit of HERRARA to provide the granular material of SANZ such that the process includes b) providing a discretizing unit comprising one or more pockets, wherein the one or more pockets have an ingress and an egress, d) delivering the first particles from the egress of the one or more pockets of the discretizing unit onto a portion of a first side of the first continuous water soluble fibrous substrate; wherein the at least one of the one or more pockets receiving the first particles is nested with an adjacent pocket while receiving the first particles because HERRARA teaches that such a unit allows for high through-put continuous, semicontinuous, or batch manufacture with minimal product loss, high efficiency, and high product reproducibility (see paragraph 12, lines 8-10).
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Brandt-Sanz US PGPub 2017/0368580 hereinafter SANZ in view of Beach-Herrara et al. WO2020081561 hereinafter HERRARA as applied to claim 1 above, and further in view of Mort et al. US 2017/0275576 hereinafter MORT.
As for claim 11, SANZ and HERRAR are silent on the flowability.
MORT teaches “Flowability is a desirable characteristic for most products as it provides an ease of dispensability that can permit accurate, controlled dosing” (paragraph 2, lines 1-3), and “This invention relates to flow able particulates comprising certain particles and compositions comprising such particulates; and processes for making and using such particulates and products” (paragraph 4).
MORT teaches “The particulates disclosed herein can provide controlled dosing without the negatives that are associated with fluid products. As the benefits of flowability are desired in many products, in one aspect said particulate may be an industrial chemical; edible food, instant beverage mix, drug or nutriceutical; a pet food and/or pet care particulate; or a detergent, fabric treatment, personal cleaning, hair care and/or fertilizer particulate. Versions of Applicants' particulates may be used in any application, particularly wherein flowability is desired, for example, cleaning and/or treatment products, industrial chemicals, fertilizers, pharmaceuticals, foods, pet-foods, instant beverages, and nutraceutical” (paragraph 21).
MORT further discusses the properties and parameters that control flowability and how to design them (paragraph 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to design the flowability of the particles such that the desired accurate and controlled dosing is achieved. Discovery of optimum value of result effective variable in known process is ordinarily within the skill of the art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Conclusion
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/KRISTEN A DAGENAIS/Examiner, Art Unit 1717
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