DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Sasano et al. (US 2020/0288665) and further in view of Mitchell et al. (US 2005/0031850).
With reference to claim 1, Sasano et al. (hereinafter “Sasano”) discloses a pet-use absorbent sheet (abstract) comprising:
a liquid-permeable top side layer (12);
a liquid-impermeable backside layer (14);
an absorption member (20) arranged between the top side layer and the backside layer [0042] and configured to absorb a liquid that permeated through the top side layer; and
a tissue layer (33a) arranged between the top side layer and the absorption member [0044], wherein a portion where the top side layer and the tissue layer cover the absorption member has an unevenness part (figure 4), wherein the absorption member contains a pulp material and a water-absorbent polymer material as set forth in [0045].
The difference between Sasano and claim 1 is the provision that the ratio of the weight of the water-absorbent polymer material to the weight of the pulp material in the absorption member is less than 1.
Mitchell et al. (hereinafter “Mitchell”) teaches an analogous pet mat [0002] wherein the ratio of the weight of the water-absorbent polymer material to the weight of the pulp material in the absorption member is less than 1 as set forth in [0211] where Mitchell discloses that the core may include up to 100% of an SAP.
It would have been obvious to one of ordinary skill in the art at the time of the invention to adjust the ratio of Sasano utilizing the ratio as taught by Mitchell in order to provide an overall thinner product as taught by Mitchell in [0211].
As to claim 2, Sasano discloses a pet-use absorbent sheet wherein the unevenness part is formed of a recess and a protrusion, and the recess is configured to allow a liquid to flow in the recess as set forth in [0049].
Regarding claim 3, Sasano discloses a pet-use absorbent sheet wherein a tissue layer (33b) is further arranged between the absorption member and the backside layer as set forth in [0044] and as shown in figure 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takahashi et al. (US 2009/0000561) discloses an animal waste collection sheet.
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/MICHELE KIDWELL/Primary Examiner, Art Unit 3781