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
Claims filed 03/07/2024 has been entered. Claims 1-15 are pending and under consideration.
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.
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Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. US 10076098 B2 in view of Sasano et al (US 20110146581 A1) in view of Takahashi (JP 2007037553 A , provided by IDS) and Matsuo et al (US 20040255869 A1).
Regarding claim 15, Claims 1 and 5 of the US patent recites the animal litter box as claimed except for the animal absorbent sheet according to claim 1.
However, Sasano, Takahashi and Matsuo teaches the absorbent sheet according to claim 1 (see 103 claim 1 rejection below).
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 the US patent to incorporate the teachings of Sasano, Takahashi and Matsuo, 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).
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 lines 2-3 recites “the animal litter box comprising:” which should read “the animal absorbent sheet comprising:”
Appropriate correction is required.
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 1-7, 9 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sasano et al (US 20110146581 A1) in view of Takahashi (JP 2007037553 A , provided by IDS) and Matsuo et al (US 20040255869 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) configured to be placed in a lower container of an animal litter box (the sheet can be placed in any container), the animal absorbent sheet 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,
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), and
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.
Sasano does not teach the first absorbent contains an antibacterial agent
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 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 liquid-absorbent sheet for animal litter box, Matsuo 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 (figure 1, bacteriostatic part 13 is being disposed under an upper absorption layer 18).
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, to incorporate the teachings of Matsuo and provide the antibacterial agent as claimed for the purpose of preventing the powder ingredient imparting antimicrobial property exuding through the absorbent body as taught by Matsuo ([0061]).
Regarding claim 2, Sasano, as modified by Takahashi and Matsuo, teaches the animal absorbent sheet according to claim 1.
The combination does not teach wherein the second absorbent layer contains an antibacterial agent.
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, as modified by Takahashi and Matsuo, 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 to removing odor as taught by Takahashi (translation [0003]-[0004]).
Regarding claim 3, Sasano, as modified by Takahashi and Matsuo, teaches the animal absorbent sheet according to claim 2.
The combination does not teach wherein the 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 liquid-absorbent sheet for animal litter box, Matsuo 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 (figure 1, antimicrobial part 14 is being disposed above a lower absorption layer 18).
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 Matsuo, to incorporate the teachings of Matsuo and provide the antibacterial agent as claimed for the purpose of preventing the powder ingredient imparting antimicrobial property exuding through the absorbent body as taught by Matsuo ([0061]).
Regarding claim 4, Sasano, as modified by Takahashi and Matsuo, teaches the animal absorbent sheet according to claim 2.
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 and Matsuo, 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 and Matsuo, 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 and Matsuo, 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 and Matsuo, 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 and Matsuo, 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 and Matsuo, 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 and Matsuo, 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 and Matsuo, 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 and Matsuo, 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 and Matsuo, teaches the animal absorbent sheet according to claim 1.
The combination does not teach 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.
In the same field of endeavor, namely a liquid-absorbent sheet for animal litter box, Matsuo teaches 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 (figure 1, antimicrobial part 14 disposed on an lower absorption layer 19).
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 Matsuo, to incorporate the teachings of Matsuo and provide the antibacterial agent as claimed for the purpose of preventing the powder ingredient imparting antimicrobial property exuding through the absorbent body as taught by Matsuo ([0061]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sasano et al (US 20110146581 A1) in view of Takahashi (JP 2007037553 A , provided by IDS) and Matsuo et al (US 20040255869 A1), and in further view of Hasegawa et al (US 20180317445 A1).
Regarding claim 8, Sasano, as modified by Takahashi and Matsuo, 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 and Matsuo, 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, Matsuo 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 et al (US 20110146581 A1) in view of Takahashi (JP 2007037553 A , provided by IDS) and Matsuo et al (US 20040255869 A1), and in further view of Moritani (US 20170312144 A1).
Regarding claim 10, Sasano, as modified by Takahashi and Matsuo, 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 and Matsuo, 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 et al (US 20110146581 A1) in view of Takahashi (JP 2007037553 A , provided by IDS) and Matsuo et al (US 20040255869 A1), and in further view of Mizutani (US 6911574 B1).
Regarding claim 11, Sasano, as modified by Takahashi and Matsuo, 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 and Matsuo, 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 , hereinafter Matsuo’727) in view of Sasano et al (US 20110146581 A1) Takahashi (JP 2007037553 A , provided by IDS) and Matsuo et al (US 20040255869 A1).
Regarding claim 15, Matsuo’727 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’727 does not teach the absorbent sheet according to claim 1.
However, Sasano, Takahashi and Matsuo 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’727 to incorporate the teachings of Sasano, Takahashi and Matsuo, 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wsedyk (US 20170280679 A1)
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/SETH HAN/Examiner, Art Unit 3781