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 § 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 1-20 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. The claims are rejected for the following reasons.
The terms “top note component” and “base note component” in claim 1 are relative terms which render the claim indefinite. The terms “top note component” and “base note component” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In light of the specification, it appears the term “top note component” is intended to refer to compounds which are more volatile compare to other compounds that are less volatile; and term “base note component” is intended to refer to compounds which are less volatile compare to other compounds that are more volatile. Thus, the examiner suggests, clarifying the claim to state --a volatile composition comprising at least one top note component having a first volatility and at least one base note component having a second volatility, wherein the first volatility is higher than the second volatility--.
The term "low porosity" in claim 2 is a relative term which renders the claim indefinite. The term "low porosity" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term "high porosity" in claim 2 is a relative term which renders the claim indefinite. The term "high porosity" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “complex geometry” in claim 11 is a relative term which renders the claim indefinite. The term “complex geometry” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 20 recites the limitation “wherein the backing layer is formed of conductive material” which renders the claim indefinite because it is unclear what the backing layer is conductive to. It is unclear whether the backing layer is conductive to heat, light, or electricity. In light of the specification, it appear the claim is intended to refer to a heat conductive material.
Claim Rejections - 35 USC § 102
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.
Claims 1, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Do et al. (US 9,149,552).
Regarding claim 1, the reference Do et al. discloses an article (10) comprising a pulp base material (12) comprising fibers, wherein pores (22) are formed between the fibers (see col. 4, lines 14-36; lines 47-63; Fig. 1); and a volatile composition (24) comprising at least one top note component and at least one base note component (see col. 6, lines 18-39); wherein the volatile composition at least partially fills the pores of the pulp base material (see col. 4, lines 14-36; Fig. 1); wherein a release rate of the at least one top note component is modulated by the pulp base material (see col. 4, lines 47-63; col. 5, lines 14-19; col. 6, lines 27-39); and wherein a release rate of the at least one base note component is enhanced by the pulp base material (see col. 4, lines 47- 63; col. 5, lines 14-19; col. 6, lines 27-39).
Regarding claim 10, the reference Do et al. discloses the article (10), wherein the article comprises at least two pulp base materials joined together (see col. 11, lines 60-67).
Regarding claim 11, the reference Do et al. discloses the article (10), wherein the pulp base material (12) comprises at least one surface having complex geometry (see col. 11, lines 39-59; Figs. 2-4).
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.
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.
Claims 2-9 are rejected under 35 U.S.C. 103 as being unpatentable over Do et al. as applied to claim 1 above, and further in view of Nakamura (JP 9-276384).
Regarding claim 2, the reference Do et al. does not specifically disclose wherein the pulp base material comprises at least two zones with different porosities. The reference Nakamura teaches an article (3) comprising a pulp base material comprising fibers, wherein pores are formed between the fibers (see paras. [0005]-[008]; Figs. 1-2); and a volatile composition at least partially filling the pores of the pulp base material; and wherein the pulp base material comprises at least two zones (9) with different porosities including at least one outermost zone (16) having low porosity and at least one innermost zone (17) having higher porosity (see paras. [0028]-[0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Do et al. and Nakamura, and modified the pulp base material (12) of Do et al. to include varying degree of porosity along a thickness direction of the pulp base material as taught by Nakamura et al., and predictably arrive at the instantly claimed article without undue experimentation and optimization, since the reference Nakamura teaches that such a modification advantageously enables the article to provide uniform aroma and deodorization effect over a long period of time by modulating and/or enhancing a release rate of the volatile composition provided in the pores of the pulp base material (see paras. [0001]; [0004]; [0014]; [0029]).
Regarding claim 3, the reference Do et al. does not specifically disclose wherein the pulp base material comprises at least two zones with different porosities. The reference Nakamura teaches an article (3) comprising a pulp base material comprising fibers, wherein pores are formed between the fibers (see paras. [0005]-[008]; Figs. 1-2); and a volatile composition at least partially filling the pores of the pulp base material; and wherein the pulp base material comprises at least two zones (9) with different porosities including at least one outermost zone (16) having low porosity and at least one innermost zone (17) having higher porosity (see paras. [0028]-[0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Do et al. and Nakamura, and modified the pulp base material (12) of Do et al. to include varying degree of porosity along a thickness direction of the pulp base material as taught by Nakamura et al., since the reference Nakamura teaches that such a modification advantageously enables the article to provide uniform aroma and deodorization effect over a long period of time by modulating and/or enhancing a release rate of the volatile composition provided in the pores of the pulp base material (see paras. [0001]; [0004]; [0014]; [0029]). It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one top note component added to the at least one low porosity zone, and the at least one base note component added to the at least one high porosity zone, since the reference Do et al. suggests for varying the release rate of the top note component and the base not component of the volatile composition (see col. 6, lines 27-42).
Regarding claim 4, the reference Do et al. does not specifically disclose wherein the at least one low porosity zone and the at least one high porosity zone are formed by use of a mold having different drainage surfaces. The reference Nakamura teaches an article (3) comprising a pulp base material comprising fibers, wherein pores are formed between the fibers (see paras. [0005]-[008]; Figs. 1-2); and a volatile composition at least partially filling the pores of the pulp base material; and wherein the pulp base material comprises at least two zones (9) with different porosities including at least one outermost zone (16) having low porosity and at least one innermost zone (17) having higher porosity (see paras. [0028]-[0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Do et al. and Nakamura, and modified the pulp base material (12) of Do et al. to include varying degree of porosity along a thickness direction of the pulp base material as taught by Nakamura et al., since the reference Nakamura teaches that such a modification advantageously enables the article to provide uniform aroma and deodorization effect over a long period of time by modulating and/or enhancing a release rate of the volatile composition provided in the pores of the pulp base material (see paras. [0001]; [0004]; [0014]; [0029]). It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one low porosity zone and the at least one high porosity zone formed by using any suitable mold, including a mold having different drainage surfaces, since the reference Nakamura teaches that the pulp base material can be made from layers of pulp molds having varying degree of porosity and thickness (see para. [0014]).
Regarding claim 5, the reference Do et al. does not specifically disclose wherein the at least one low porosity zone and the at least one high porosity zone are formed by use of a divider within a mold. The reference Nakamura teaches an article (3) comprising a pulp base material comprising fibers, wherein pores are formed between the fibers (see paras. [0005]-[008]; Figs. 1-2); and a volatile composition at least partially filling the pores of the pulp base material; and wherein the pulp base material comprises at least two zones (9) with different porosities including at least one outermost zone (16) having low porosity and at least one innermost zone (17) having higher porosity (see paras. [0028]-[0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Do et al. and Nakamura, and modified the pulp base material (12) of Do et al. to include varying degree of porosity along a thickness direction of the pulp base material as taught by Nakamura et al., since the reference Nakamura teaches that such a modification advantageously enables the article to provide uniform aroma and deodorization effect over a long period of time by modulating and/or enhancing a release rate of the volatile composition provided in the pores of the pulp base material (see paras. [0001]; [0004]; [0014]; [0029]). It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one low porosity zone and the at least one high porosity zone formed by use of a divider within a mold, since the reference Nakamura teaches that one or more intermediate layers can be provided between the at least one low porosity zone and the at least one high porosity zone (see para. [0005]).
Regarding claim 6, the reference Do et al. does not specifically disclose wherein the at least one low porosity zone and the at least one high porosity zone are formed by use of a divider within a mold. The reference Nakamura teaches an article (3) comprising a pulp base material comprising fibers, wherein pores are formed between the fibers (see paras. [0005]-[008]; Figs. 1-2); and a volatile composition at least partially filling the pores of the pulp base material; and wherein the pulp base material comprises at least two zones (9) with different porosities including at least one outermost zone (16) having low porosity and at least one innermost zone (17) having higher porosity (see paras. [0028]-[0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Do et al. and Nakamura, and modified the pulp base material (12) of Do et al. to include varying degree of porosity along a thickness direction of the pulp base material as taught by Nakamura et al., since the reference Nakamura teaches that such a modification advantageously enables the article to provide uniform aroma and deodorization effect over a long period of time by modulating and/or enhancing a release rate of the volatile composition provided in the pores of the pulp base material (see paras. [0001]; [0004]; [0014]; [0029]). It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one low porosity zone and the at least one high porosity zone formed by application of different pressures to portions of a mold, since the reference Nakamura teaches that the pulp base material can be made from layers of pulp molds having varying degree of porosity and thickness (see para. [0014]).
Regarding claim 7, the reference Do et al. does not specifically disclose wherein the at least one low porosity zone and the at least one high porosity zone are formed by application of different pulp concentrations to portions of a mold. The reference Nakamura teaches an article (3) comprising a pulp base material comprising fibers, wherein pores are formed between the fibers (see paras. [0005]-[008]; Figs. 1-2); and a volatile composition at least partially filling the pores of the pulp base material; and wherein the pulp base material comprises at least two zones (9) with different porosities including at least one outermost zone (16) having low porosity and at least one innermost zone (17) having higher porosity (see paras. [0028]-[0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Do et al. and Nakamura, and modified the pulp base material (12) of Do et al. to include varying degree of porosity along a thickness direction of the pulp base material as taught by Nakamura et al., since the reference Nakamura teaches that such a modification advantageously enables the article to provide uniform aroma and deodorization effect over a long period of time by modulating and/or enhancing a release rate of the volatile composition provided in the pores of the pulp base material (see paras. [0001]; [0004]; [0014]; [0029]). It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one low porosity zone and the at least one high porosity zone formed by application of different pulp concentrations to portions of a mold, since the reference Nakamura teaches that the pulp base material can be made from layers of pulp molds having varying degree of porosity and thickness (see para. [0014]). Furthermore, the reference Do et al. teaches that porosity within the pulp base material may be controlled by the compactness and/or size of the fibers and/or particles that form the internal structure of pulp base material (see col. 4, lines 47-55).
Regarding claim 8, the reference Do et al. does not specifically disclose wherein the at least one low porosity zone and the at least one high porosity zone are formed by application of different amounts of gas or gas-forming materials to portions of the pulp base material. The reference Nakamura teaches an article (3) comprising a pulp base material comprising fibers, wherein pores are formed between the fibers (see paras. [0005]-[008]; Figs. 1-2); and a volatile composition at least partially filling the pores of the pulp base material; and wherein the pulp base material comprises at least two zones (9) with different porosities including at least one outermost zone (16) having low porosity and at least one innermost zone (17) having higher porosity (see paras. [0028]-[0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Do et al. and Nakamura, and modified the pulp base material (12) of Do et al. to include varying degree of porosity along a thickness direction of the pulp base material as taught by Nakamura et al., since the reference Nakamura teaches that such a modification advantageously enables the article to provide uniform aroma and deodorization effect over a long period of time by modulating and/or enhancing a release rate of the volatile composition provided in the pores of the pulp base material (see paras. [0001]; [0004]; [0014]; [0029]). It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one low porosity zone and the at least one high porosity zone formed by application of different amounts of gas or gas-forming materials to portions of the pulp base material, since the reference Do et al. teaches that porosity of the pulp base material may be affected by adding other materials such as additives to the pulp base material as it is being formed so that the additives can be located within the internal structure of the pulp base material after formation (see col. 4, lines 57-63).
Regarding claim 9, the reference Do et al. does not specifically disclose wherein the at least one low porosity zone is formed in a first mold and the at least one high porosity zone is formed in a second mold. The reference Nakamura teaches an article (3) comprising a pulp base material comprising fibers, wherein pores are formed between the fibers (see paras. [0005]-[008]; Figs. 1-2); and a volatile composition at least partially filling the pores of the pulp base material; and wherein the pulp base material comprises at least two zones (9) with different porosities including at least one outermost zone (16) having low porosity and at least one innermost zone (17) having higher porosity (see paras. [0028]-[0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Do et al. and Nakamura, and modified the pulp base material (12) of Do et al. to include varying degree of porosity along a thickness direction of the pulp base material as taught by Nakamura et al., since the reference Nakamura teaches that such a modification advantageously enables the article to provide uniform aroma and deodorization effect over a long period of time by modulating and/or enhancing a release rate of the volatile composition provided in the pores of the pulp base material (see paras. [0001]; [0004]; [0014]; [0029]). It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one low porosity zone formed in a first mold and the at least one high porosity zone is formed in a second mold, since the reference Nakamura teaches that the pulp base material can be made from layers of pulp molds having varying degree of porosity and thickness (see para. [0014]).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Do et al. as applied to claim 1 above, and further in view of McKay et al. (US 9,132,204).
Regarding claims 15 and 16, the reference Do et al. does not specifically disclose wherein the article comprises an attachment element, and wherein the attachment element comprises a hole. However, as evidence by the reference McKay et al. (see col. 34, lines 51-67), it is known in the art to provide an attachment means to a fragrance-releasing article for attaching the article to another article or structure such as a portion of a car, a fixture in a home or office, or a body. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide an attachment element, including a hole as claimed by applicant, to the article of Do et al. for the purpose of attaching the article to another article or structure as suggested by McKay et al. (see col. 34, lines 51-67).
Regarding claim 17, the reference Do et al. does not specifically disclose wherein the article comprises a smooth surface for holding the article in an upright position. However, as evidence by the reference McKay et al. (see col. 20, lines 1-5; Fig. 2), it is known in the art to provide a fragrance-releasing article in the form of a rod shaped structure having a smooth surface suitable for holding the article in an upright position. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the article of Do et al. with a smooth surface for holding the article in an upright position as suggested by McKay et al..
Regarding claim 18, the reference Do et al. does not specifically disclose wherein the article comprises a stand coupled to the article to hold the article in an upright position. However, as evidence by the reference McKay et al. (see col. 35, lines 8-41), it is known in the art to provide a holder for holding a fragrance-releasing article in a desired position. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to similarly provide a stand or holder to the article of Do et al. for the purpose of holding the article in any suitable position, including in an upright position as claimed by applicant.
Regarding claims 19 and 20, the reference Do et al. does not specifically disclose wherein a backing layer is added to the article, wherein the backing layer is formed of a conductive material. However, as evidenced by the reference McKay et al. (see col. 14, lines 43-51; col. 18, lines 46-61; col. 20, lines 42-51), it is known in the art to bond a variety of secondary sheets or backing layers to the surface of a matrix material capable of releasing an olfactory-active composition to provide an article have a desired thermal conductivity. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a backing layer formed of a thermal conductive material to the article of Do et al. so as to provide the article a desired thermal conductivity characteristic as suggested by McKay et al., and doing so would amount to nothing more than a use of a known device for its intended use in a known environment to accomplish an entirely expected result.
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.
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, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 10,953,125 (US ‘125). Although the claims at issue are not identical, they are not patentably distinct from each other because the article recited in the instant claims 1-15, 19, and 20 is taught by claims 1-12 of US ‘125.
Regarding claim 1, claim 1 of US ‘125 discloses an article comprising a pulp base material comprising fibers, wherein pores are formed between the fibers; and a volatile composition comprising at least one top note component and at least one base note component; wherein the volatile composition at least partially fills the pores of the pulp base material; wherein a release rate of the at least one top note component is modulated by the pulp base material; and wherein a release rate of the at least one base note component is enhanced by the pulp base material.
Regarding claim 2, claim 2 of US ‘125 disclose the article wherein the pulp base material comprises at least two zones with different porosities including at least one low porosity zone and at least one high porosity zone.
Regarding claim 3, claim 3 of US ‘125 disclose the article wherein the at least one top note component is added to the at least one low porosity zone, and the at least one base note component is added to the at least one high porosity zone.
Regarding claim 4, claim 4 of US ‘125 disclose the article wherein the at least one low porosity zone and the at least one high porosity zone are formed by use of a mold having different drainage surfaces.
Regarding claim 5, claim 5 of US ‘125 disclose the article wherein the at least one low porosity zone and the at least one high porosity zone are formed by use of a divider within a mold.
Regarding claim 6, claim 6 of US ‘125 disclose the article wherein the at least one low porosity zone and the at least one high porosity zone are formed by application of different pressures to portions of a mold.
Regarding claim 7, claim 7 of US ‘125 disclose the article wherein the at least one low porosity zone and the at least one high porosity zone are formed by application of different pulp concentrations to portions of a mold.
Regarding claim 8, claim 8 of US ‘125 disclose the article wherein the at least one low porosity zone and the at least one high porosity zone are formed by application of different amounts of gas or gas-forming materials to portions of the pulp base material.
Regarding claim 9, claim 4 of US ‘125 disclose the article wherein the at least one low porosity zone is formed in a first mold and the at least one high porosity zone is formed in a second mold.
Regarding claim 10, claim 6 of US ‘125 disclose the article wherein the article comprises at least two pulp base materials joined together.
Regarding claim 11, claim 1 of US ‘125 disclose the article wherein the pulp base material comprises at least one surface having complex geometry.
Regarding claim 12, claim 1 of US ‘125 disclose the article wherein the complex geometry comprises peaks and flatter regions.
Regarding claim 13, claim 9 of US ‘125 disclose the article wherein the peaks enhance the release rate of the volatile composition.
Regarding claim 14, claim 10 of US ‘125 disclose the article wherein the peaks provide three-dimensional emission of the volatile composition.
Regarding claim 15, claim 11 of US ‘125 disclose the article wherein the article comprises an attachment element.
Regarding claim 19, claim 12 of US ‘125 disclose the article further comprising a backing layer added to the article.
Regarding claim 20, claim 12 of US ‘125 disclose the article wherein the backing layer is formed of a conductive material.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,458,222 (US ‘222). Although the claims at issue are not identical, they are not patentably distinct from each other because the article recited in the instant claims 1-3 is taught by claim 1 of U.S. Patent No. US ‘222.
Regarding claim 1, claim 1 of US ‘222 discloses an article comprising a pulp base material comprising fibers, wherein pores are formed between the fibers; and a volatile composition comprising at least one top note component and at least one base note component; wherein the volatile composition at least partially fills the pores of the pulp base material; wherein a release rate of the at least one top note component is modulated by the pulp base material; and wherein a release rate of the at least one base note component is enhanced by the pulp base material.
Regarding claim 2, claim 1 of US ‘222 discloses the article wherein the pulp base material comprises at least two zones with different porosities including at least one low porosity zone and at least one high porosity zone.
Regarding claim 3, claim 1 of US ‘222 discloses the article wherein the at least one top note component is added to the at least one low porosity zone, and the at least one base note component is added to the at least one high porosity zone.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lessanework T Seifu whose telephone number is (571)270-3153. The examiner can normally be reached M-T 9:00 am - 6:30 pm; F 9:00 am - 1:00 pm.
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/LESSANEWORK SEIFU/Primary Examiner, Art Unit 1774