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 .
Status of the Claims
The amendment filed 05/01/2026 has been entered. At entry, claims 1 and 3-15 are pending and under consideration.
Response to Arguments
In response to the applicant’s argument with respect 35 USC 103 rejections have been considered and are at least partially persuasive, but are moot in light of new rejection/interpretation.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2021-146280, filed on 09/08/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 3 and 14 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.
Claim 3 recites the limitation "the density of the antibacterial agent" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. In an effort to compact prosecution the limitation is being interpreted as “a density of the antibacterial agent”
Claim 14 recites “wherein a density of the antibacterial agent is higher in an other-side portion of the second absorbent layer in the thickness direction than in the other-side portion of the first absorbent layer in the thickness direction”, which renders the claim indefinite. There is insufficient antecedent basis for “the other-side portion of the first absorbent layer”, and additionally, it is unclear whether “an other-side portion of the second absorbent layer” and “the other-side portion of the first absorbent layer” refers to the same side relative to a common thickness direction, or whether “other-side” merely refers to an arbitrary side of each respective absorbent layer. For purpose of compact prosecution, the limitation is interpreted as “a density of the antibacterial agent in one side of the second absorbent layer is higher in the thickness direction than the other-side of the first absorbent layer in the thickness direction”
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.
Claims 1, 3-7, 9 and 12-14 rejected under 35 U.S.C. 103 as being unpatentable over Sasano (US 20110146581 A1) in view of Takahashi (JP 2007037553 A, provided by IDS) Ochi (WO 2007139154 A1) and Rajagopalan (WO 0141688 A1).
Regarding claim 1, Sasano substantially teaches applicant’s claimed invention, and specifically discloses a device with every structural limitation of applicant’s claimed invention (except for the limitations shown in italics and grayed-out) including:
an animal absorbent sheet (figure 1, disposal sheet 1) comprising:
a liquid-permeable top-surface sheet (figure 2, liquid-pervious sheet (topsheet) 2);
a liquid-impermeable back-surface sheet (figure 2, liquid-impervious sheet (backsheet) 7) disposed on one side of the top-surface sheet in a thickness direction of the animal absorbent sheet; and
an absorbent body (figure 2, absorptive section 11) disposed between the top-surface sheet and the back-surface sheet, wherein
the absorbent body includes:
a first absorbent layer (figure 2, aroma developing layer 20 comprising superabsorbent polymer discrete particles 22); and
a second absorbent layer (figure 2, liquid-absorbent core material 16 disposed closer to bottom side) disposed closer to one side of the animal absorbent sheet in the thickness direction with respect to the first absorbent layer, WHEREIN
the first absorbent layer contains a superabsorbent polymer (figure 2, superabsorbent polymer discrete particles 22) and an antibacterial agent,
the second absorbent layer is formed of a mixture of a liquid-permeable fiber and the superabsorbent polymer (figure 2 and [0042], super absorbent polymer discrete particles 13 + water absorbent fibers 12 such as fluff pulp),
a density of the antibacterial agent is higher on one side of the first absorbent layer than on the other side of the first absorbent layer in the thickness direction, and
The second absorbent layer contains a same antibacterial agent as the antibacterial agent of the first absorbent layer, and
The absorbent sheet is configured to be placed in a lower container of an animal litter box (figure 1, the sheet 1 can be placed anywhere in container including a lower container).
Sasano does not teach the first absorbent layer contains an antibacterial agent, and
In the same field of endeavor, namely an water absorbing device, Takahashi teaches the first absorbent layer contains an antibacterial agent (figure 2, absorption member contains antibacterial agent 9)
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, to incorporate the teachings of Takahashi and provide the first absorbent as claimed for the purpose of providing antibacterial effect, for example suppress fungal growth, and removing unpleasant odor as taught by Takahashi (translation [0003]-[0004]).
The combination does not teach the second absorbent layer contains a same antibacterial agent as the antibacterial agent of the first absorbent layer.
In the same field of endeavor, namely an absorptive article, Ochi teaches the second absorbent layer contains a same antibacterial agent as the antibacterial agent of the first absorbent layer ([0060] and figures 3 and 7, the upper and lower absorbent bodies 56a and 56b comprising same antibacterial particles 51 ).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi and provides the absorbent layers as claimed, and one of skill in the art motivated to do so, for the purpose of providing antibacterial properties to both the first and second absorbent layers.
Furthermore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi, and provide the same antibacterial agent to both the first and second absorbent layers as such a modification would have been an obvious matter of design choice involving a duplication of parts. A duplication of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04 VI.B.). One of skill in the art motivated to do so for the purpose of providing enhanced antibacterial property.
The combination is still silent as to a density of the antibacterial agent is higher on one side of the first absorbent layer than on the other side of the first absorbent layer in the thickness direction.
In the same field of endeavor, namely a disposable absorbent article, Rajagopalan teaches a density of the antibacterial agent is higher on one side of the first absorbent layer than on the other side of the first absorbent layer in the thickness direction (pages 11 and 12, antimicrobial material dispersed non-uniformly in the carrier means, e.g., the basis weight changes vertically within the odor/antimicrobial reduction layer.)
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi and Ochi, to incorporate the teachings of Rajagopalan and provides the absorbent body as claimed for the purpose of optimizing absorptive capacity, i.e., positioning more antibacterial agent in regions that require relatively high fluid handling requirement, while reducing manufacturing cost as taught by Rajagopalan (pages 2-3 and 11-12).
Regarding claim 3, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination does not teach wherein a density of the antibacterial agent is higher on one side of the second absorbent layer than in the other side of the second absorbent layer in the thickness direction.
In the same field of endeavor, namely a disposable absorbent article, Rajagopalan teaches a density of the antibacterial agent is higher on one side of the second absorbent layer than in the other side of the second absorbent layer in the thickness direction (pages 11 and 12, antimicrobial material dispersed non-uniformly in the carrier means, e.g., the basis weight changes vertically within the odor/antimicrobial reduction layer.)
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi, Ochi and Rajagopalan, to incorporate the teachings of Rajagopalan and provides the absorbent body as claimed for the purpose of optimizing absorptive capacity, i.e., positioning more antibacterial agent in regions that require relatively high fluid handling requirement, while reducing manufacturing cost as taught by Rajagopalan (pages 2-3 and 11-12).
Regarding claim 4, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination further teaches wherein one or both of the antibacterial agent contained in the first absorbent layer and the antibacterial agent contained in the second absorbent layer is water-soluble (Takahashi; translation [0016] and [0021]).
Regarding claim 5, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination further teaches wherein the animal absorbent sheet has a liquid-permeable intermediate sheet (Sasano; figure 2 and [0040], liquid-pervious tissue paper 3a) between the top-surface sheet and the first absorbent layer, and
the superabsorbent polymer contained in the first absorbent layer is attached to a back-surface side of the intermediate sheet (Sasano; figure 2, the first absorbent layer attached to a bottom surface of tissue paper 3a).
Regarding claim 6, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination further teaches wherein the animal absorbent sheet has a liquid-permeable intermediate sheet (Sasano; figure 2, tissue paper 3a) between the top-surface sheet and the first absorbent layer, and
the intermediate sheet contains an antibacterial agent.
The combination does not teach the intermediate sheet contains an antibacterial agent.
In the same field of endeavor, namely an water absorbing device, Takahashi teaches the intermediate sheet contains an antibacterial agent (figure 2, absorption member contains antibacterial agent 9)
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi, Ochi and Rajagopalan, to incorporate the teachings of Takahashi and provide the intermediate sheet as claimed for the purpose of providing antibacterial effect, for example suppress fungal growth, and removing unpleasant odor as taught by Takahashi (translation [0003]-[0004]).
Regarding claim 7, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination further teaches wherein the animal absorbent sheet has a liquid-permeable intermediate sheet (Sasano; figure 2 and [0040], tissue paper 3b disposed between core material 16 and backsheet 7) different from a liquid-permeable intermediate sheet disposed between the top-surface sheet and the first absorbent layer, between the second absorbent layer and the back-surface sheet, and
the liquid-permeable intermediate sheet disposed between the second absorbent layer and the back-surface sheet contains an antibacterial agent.
The combination does not teach the liquid-permeable intermediate sheet contains an antibacterial agent.
In the same field of endeavor, namely an water absorbing device, Takahashi teaches the intermediate sheet contains an antibacterial agent (figure 2, absorption member contains antibacterial agent 9)
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi, Ochi and Rajagopalan, to incorporate the teachings of Takahashi and provide the intermediate sheet as claimed for the purpose of providing antibacterial effect, for example suppress fungal growth, and removing unpleasant odor as taught by Takahashi (translation [0003]-[0004]).
Regarding claim 9, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination does not teach the top-surface sheet contains an antibacterial agent.
In the same field of endeavor, namely an water absorbing device, Takahashi teaches the top-surface sheet contains an antibacterial agent (figure 2, absorption member contains antibacterial agent 9)
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi, Ochi and Rajagopalan, to incorporate the teachings of Takahashi and provide the top-surface sheet as claimed for the purpose of providing antibacterial effect, for example suppress fungal growth, and removing unpleasant odor as taught by Takahashi (translation [0003]-[0004]).
Regarding claim 12, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination further teaches wherein the first absorbent layer includes a plurality of the superabsorbent polymers stacked in the thickness direction (Sasano; see figure 2, the aroma developing layer 20 comprises at least two stacked rows of superabsorbent polymer particles 26)
Regarding claim 13, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination further teaches wherein the first absorbent layer contains a water-sensitive fragrance. (Sasano; figure 2 [0041]-[0043] a mixture of inclusion compound powder 21 comprising fragrance and water-soluble thickening agent. The compound powder releases fragrance upon dissolved by fluid)
Regarding claim 14, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination does not teach wherein a density of the antibacterial agent in one side of the second absorbent layer is higher in the thickness direction than the other-side of the first absorbent layer in the thickness direction.
In the same field of endeavor, namely a disposable absorbent article, Rajagopalan teaches wherein a density of the antibacterial agent in one side of the second absorbent layer is higher in the thickness direction than the other-side of the first absorbent layer in the thickness direction (pages 11 and 12, antimicrobial material dispersed non-uniformly in the carrier means, e.g., the basis weight changes vertically within the odor/antimicrobial reduction layer.)
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi and Ochi, to incorporate the teachings of Rajagopalan and provides the absorbent body as claimed for the purpose of optimizing absorptive capacity, i.e., positioning more antibacterial agent in regions that require relatively high fluid handling requirement, while reducing manufacturing cost as taught by Rajagopalan (pages 2-3 and 11-12).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sasano (US 20110146581 A1) in view of Takahashi (JP 2007037553 A , provided by IDS) Ochi (WO 2007139154 A1) and Rajagopalan (WO 0141688 A1), and in further view of Hasegawa et al (US 20180317445 A1).
Regarding claim 8, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination does not teach wherein a basis weight of the top-surface sheet is equal to or greater than 28 g/m.sup.2.
In the same field of endeavor, namely an animal excreta disposal sheet, Hasegawa teaches wherein a basis weight of the top-surface sheet is between 6 g/m.sup.2 and 30/m.sup.2 ([0048]).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi, Ochi and Rajagopalan, to incorporate the teachings of Hasegawa and provide the top-surface sheet as claimed for the purpose of providing desired strength and fluid permeability as taught by Hasegawa ([0048]).
The combination does not explicitly teach the basis weight is within the claimed range.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi, Ochi and Rajagopalan and Hasegawa, and provides basis weight of the top-surface sheet is equal to or greater than 28 g/m.sup.2. since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” (MPEP 2144.05(I)). In the instant case, the applicant has not shown unexpected result gleaming from the claimed range (specification [0093]” it is preferable that the basis weight of the top-surface sheet 41 is made to be equal to or more than 28 g/m.sup.2”), and therefore the claimed device is not patentably distinct from the prior art.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sasano (US 20110146581 A1) in view of Takahashi (JP 2007037553 A , provided by IDS) Ochi (WO 2007139154 A1) and Rajagopalan (WO 0141688 A1), and in further view of Moritani (US 20170312144 A1).
Regarding claim 10, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination does not teach wherein a density of fibers that constitute the top-surface sheet is higher on one side of the top-surface sheet than on the other side of the top-surface sheet in the thickness direction.
In the same field of endeavor, namely an absorbent article, Moritani teaches wherein a density of fibers that constitute the top-surface sheet is higher on one side of the top-surface sheet than on the other side of the top-surface sheet in the thickness direction (figure 3 and [0086] second sheet 40 bonded to the back face of the top sheet 30 and the second sheet 40 has preferably higher in a fiber density than the non-woven fabric for the top sheet 30).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi, Ochi and Rajagopalan, to incorporate the teachings of Moritani and provide the top-surface sheet as claimed for the purpose of enhancing migration of liquid from the upper surface to lower surface as taught by Moritani ([0086]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Sasano (US 20110146581 A1) in view of Takahashi (JP 2007037553 A , provided by IDS) Ochi (WO 2007139154 A1) and Rajagopalan (WO 0141688 A1), and in further view of Mizutani (US 6911574 B1).
Regarding claim 11, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the animal absorbent sheet according to claim 1.
The combination does not teach wherein a density of fibers that constitute the top-surface sheet is lower in an other-side portion of the top-surface sheet than in a one-side portion of the top-surface sheet in the thickness direction.
In the same field of endeavor, namely a body fluids absorbent article, Mizutani teaches wherein a density of fibers that constitute the top-surface sheet is lower in an other-side portion of the top-surface sheet than in a one-side portion of the top-surface sheet in the thickness direction (col 6 lines 5-16, fibrous layer positioned between the topsheet 5 and the core 7, i.e., below the top sheet, having a relatively low fiber density than the topsheet).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasano, as modified by Takahashi, Ochi and Rajagopalan, to incorporate the teachings of Mizutani and provides the top-surface sheet as claimed for the purpose of preventing fluid from flow back toward and exuding through the upper surface of the topsheet 5 as taught by Mizutani (col 6 lines 5-16).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Matsuo et al (US 20140150727 A1) in view of Sasano (US 20110146581 A1), Takahashi (JP 2007037553 A , provided by IDS) Ochi (WO 2007139154 A1) and Rajagopalan (WO 0141688 A1).
Regarding claim 15, Matsuo teaches An animal litter box (figure 1, 1) comprising:
an upper container having holes (figure 2, liquid passable little tray 20 having liquid passable region 22 comprising through-holes 21); and
the animal absorbent sheet (figure 6, absorbent structure 50), wherein, when the animal absorbent sheet is viewed in the thickness direction (figure 4, the absorbent structure 50 can be viewed through holes 21 from above),
an area of the upper container having the holes is smaller than an area of the absorbent body (figure 3 and [0059] area of liquid passable region S3 is smaller than area of absorbent body S1).
Matsuo does not teach the absorbent sheet according to claim 1.
However, Sasano, as modified by Takahashi, Ochi and Rajagopalan, teaches the absorbent sheet according to claim 1 (see claim 1 rejection).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Matsuo to incorporate the teachings of Sasano, as modified by Takahashi, Ochi and Rajagopalan, and provides the absorbent sheet according to claim 1, and one of skill in the art motivated to do so for the purpose of fixing antibacterial agent suppressing fungal growth and removing unpleasant odor within the absorbent sheet as taught by Sasano, Takahashi and Matsuo (see claim rejection 1 above).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH HAN whose telephone number is (571)272-2545. The examiner can normally be reached M-F 0900-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.H./Examiner, Art Unit 3781
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781
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