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 .
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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Claims 1, 13, 23 and 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,516,456 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 corresponds to claim 1 of ‘456 where a composite nonwoven textile comprising: a first fiber web comprising first fibers and second fibers, the first fiber web comprising a machine direction, a cross-machine direction, and a thickness, wherein: the first fibers, as compared to the second fibers, comprise a higher amount of an ERA material {see “a first plurality of fibers having a first propensity to absorb electromagnetic radiation emitted by a laser; a second plurality of fibers having a second propensity to absorb the electromagnetic radiation, the second propensity to absorb the electromagnetic radiation is lower than the first propensity to absorb the electromagnetic radiation” of claim 1 of ‘456}; the first fiber web comprises a homogenous blend of first fibers to second fibers distributed in one or more of the machine direction, the cross-machine direction, and the thickness {see “a plurality of discrete bonding structures positioned between the inner-facing surface and the outer-facing surface of the nonwoven textile within the volume of the nonwoven textile” of claim 1 of ‘456}; and the first fiber web comprises a plurality of amorphous polymer agglomerates that include material from one or more fibers of the first fibers encapsulating one or more fibers of the second fibers {see “at least some of the plurality of discrete bonding structures including an amorphous polymer agglomerate and fibers from one or more of the first plurality of fibers and the second plurality of fibers in a fiber form, wherein portions of the fibers from one or more of the first plurality of fibers and the second plurality of fibers are at least partially encapsulated by the amorphous polymer agglomerate” of claim 1 of 456}.
Claim 13 corresponds to claim 1 of ‘456 where the composite nonwoven textile comprises {see article of apparel of claim 1 of ‘456} at least a portion of a wearable article, and wherein the first fiber web comprises at least one of an outermost surface of the wearable article or an innermost surface of the wearable article. Claim 23 corresponds to claim 1 of ‘456 where a machine direction, a cross-machine direction, and a thickness {see “a plurality of discrete bonding structures positioned between the inner-facing surface and the outer-facing surface of the nonwoven textile within the volume of the nonwoven textile” of claim 1 of ‘456}; first fibers and second fibers, wherein the first fibers, as compared to the second fibers, comprise a higher amount of an ERA material {see “a first plurality of fibers having a first propensity to absorb electromagnetic radiation emitted by a laser; a second plurality of fibers having a second propensity to absorb the electromagnetic radiation, the second propensity to absorb the electromagnetic radiation is lower than the first propensity to absorb the electromagnetic radiation” of claim 1 of ‘456}; and a homogenous distribution of amorphous polymer agglomerates in one or more of the machine direction, the cross-machine direction, and the thickness, wherein the amorphous polymer agglomerates comprise material from one or more fibers of the first fibers encapsulating one or more fibers of the second fibers {see “at least some of the plurality of discrete bonding structures including an amorphous polymer agglomerate and fibers from one or more of the first plurality of fibers and the second plurality of fibers in a fiber form, wherein portions of the fibers from one or more of the first plurality of fibers and the second plurality of fibers are at least partially encapsulated by the amorphous polymer agglomerate” of claim 1 of 456}.
Claim 30 corresponds to claim 1 of ‘456 where the amorphous polymer agglomerates comprise first amorphous polymer agglomerates comprising a first property and second amorphous polymer agglomerates comprising a second property; and wherein the first amorphous polymer agglomerates are different from the second amorphous polymer agglomerates based on the first property and the second property {see “at least some of the plurality of discrete bonding structures including an amorphous polymer agglomerate and fibers from one or more of the first plurality of fibers and the second plurality of fibers in a fiber form, wherein portions of the fibers from one or more of the first plurality of fibers and the second plurality of fibers are at least partially encapsulated by the amorphous polymer agglomerate” of claim 1 of 456}.
Allowable Subject Matter
Claims 17-22 are allowed.
Claims 2-12, 14-16 and 24-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Closest prior art Stein (US 2012/0157904 A1) fails to teach or suggest: (i) the claimed the first fibers, as compared to the second fibers, comprise a higher amount of an ERA material as recited in claims 1, 17 and 23; (ii) the claimed the first fiber web comprises a plurality of amorphous polymer agglomerates that include material from one or more fibers of the first fibers encapsulating one or more fibers of the second fibers as recited in claims 1 and 17; (iii) the claimed a second fiber web that comprises third fibers and fourth fibers, wherein: the third fibers, as compared to the fourth fibers, comprise a higher amount of the ERA material; the second fiber web comprises second amorphous polymer agglomerates that include material from one or more fibers of the third fibers encapsulating one or more fibers of the fourth fibers; and the second fiber web comprises, as compared to the first fiber web, a higher amount by weight of the ERA material as recited in claim 17; and (iv) the claimed a homogenous distribution of amorphous polymer agglomerates in one or more of the machine direction, the cross-machine direction, and the thickness, wherein the amorphous polymer agglomerates comprise material from one or more fibers of the first fibers encapsulating one or more fibers of the second fibers as recited in claim 23.
Correspondence
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BS
February 2, 2026
/BETELHEM SHEWAREGED/
Primary Examiner
Art Unit 1785