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 .
In light of the preliminary amendments filed 03/14/2024 in which claims 12-18, 20, 22-63, and 71-73 were cancelled, claims 1-11, 19, 21, and 64-70 are pending in the instant application.
Priority
The instant application is a 371 of PCT/IB2022/057822 filed 08/23/2022 which claims priority to U.S. Provisional App. no. 63/244,457 filed 09/15/2021.
Claims 1-11, 19, 21, and 64-70 receive priority to the prior-filed application, filed on 09/15/2021.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-11 and 19) in the reply filed on 04/01/2026 is acknowledged. Claims 21 and 64-70 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Election was made without traverse in the reply filed on 04/01/2026.
Accordingly, claims 1-11 and 19 are examined on the merits herein.
Specification
The disclosure is objected to because of the following informalities: Inspire is spelled incorrectly (para. 0064).
Appropriate correction is required.
The use of the terms Libeltex, Isoplast, Platilon, and PEBAX, which are trade names or marks used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Interpretation
The examiner recognizes claims 6 and 11 as comprising "product-by-process" limitations: (Claim 6) “a first weld coupling…a second weld coupling” and (Claim 11) “at least one spot weld”. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process (see MPEP 2113).
As a product claim, the examiner has determined that claims 6 and 11 to require the layers of the barrier walls to comprise the following structural elements along with the further limitations of the claim: a mechanical coupling between the layers of the barrier walls.
In the prior art rejection in this Office action, the examiner considers claims 6 and 11 to be met when a reference teaches this structural limitation.
Claim Objections
Claims 8 and 10 are objected to because of the following informalities: Claim 8 recites the limitation “each hole of the plurality of holes…having a hexagonal shape” in ln. 1-2. This should read “each hole of the plurality of holes…has a hexagonal shape”. Claim 10 recites a similar limitation.
Appropriate correction is required.
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.
Claim 19 is 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 19 recites the limitation “the second nonwoven layer coupled to the second evaporative membrane layer and the second nonwoven layer…the second side of the second nonwoven layer is proximate to the first side of the second support layer” in ln. 9-10 and 12-13. This limitation is indefinite in that it is unclear how the second nonwoven layer coupled to the second nonwoven layer makes the nonwoven layer proximate to the second support layer. For the sake of compact prosecution, the examiner is treating the claim as though it reads ““the second nonwoven layer coupled to the second evaporative membrane layer and the second support layer…the second side of the second nonwoven layer is proximate to the first side of the second support layer”.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US/2013/0053798 A1 to Coulthard.
Regarding claim 1, Coulthard discloses a canister (Fig. 6, pouch 106 as a canister) comprising:
a first wall (Fig. 6-7, first upper wall 119);
a second wall coupled to the first wall (Fig. 6-7, second lower wall 119 coupled to first upper wall 119 at first and second sealing members 148/150);
a chamber disposed between the first wall and the second wall, the chamber configured to be sealed from an ambient environment and to store fluid (Fig. 6-7, sealed chamber 124 comprising absorbent member 158 between walls 119; para. 0040-0041; para. 0043);
a pathway disposed between the first wall and the second wall, the pathway configured to be open to the ambient environment (Fig. 6-7, pathway within chambers 126/176 disposed between walls 119; Fig. 6-7, chambers 126/176 comprising evaporation ports 136/138/182/184 open to the environment); and
a barrier separating the pathway from the chamber, the barrier configured to permit evaporated fluid in the chamber to transmit through the barrier into the pathway (Fig. 6-7, high-moisture-vapor-transfer-rate barriers 122/174 separating pathways within chamber 126/176 from chamber 124; para. 0024; para. 0040-0043).
Regarding claim 2, Coulthard discloses the invention of claim 1. Coulthard further discloses wherein the barrier comprises:
a first barrier wall comprising one or more layers (Fig. 6-7, high-moisture-vapor-transfer-rate barrier 122, adhesive layer, wicking member 162; para. 0026); and
a second barrier wall comprising one or more layers (Fig. 6-7, high-moisture-vapor-transfer-rate barrier 174, adhesive layer, wicking member 160; para. 0026).
Regarding claim 3, Coulthard discloses the invention of claim 2. Coulthard further discloses wherein the pathway is formed by:
coupling the first barrier wall to the first wall;
coupling the second barrier wall to the second wall; and
coupling the first wall to the second wall so that the first barrier wall and the second barrier wall face each other and form a boundary between the pathway and the chamber (Fig. 6, high-moisture-vapor-transfer-rate barriers 122/174 coupled to walls 119 at first and second sealing members 148/150).
Regarding claim 4, Coulthard discloses the invention of claim 2. Coulthard further discloses wherein:
the one or more layers of the first barrier wall comprise:
a first carrier layer comprising a first side and a second side (Fig. 6-7, wicking member 162);
a first support layer comprising a first side and a second side, the first support layer coupled to the first carrier layer so that the first side of the first support layer is proximate to the second side of the first carrier layer (para. 0026, adhesive between high-moisture-vapor-transfer-rate member and wicking member); and
a first evaporative membrane layer comprising a first side and a second side, the first evaporative membrane layer coupled to the first support layer so that the first side of the first evaporative membrane layer is proximate to the second side of the first support layer (Fig. 6-7, high-moisture-vapor-transfer-rate barrier 122);
the one or more layers of the second barrier wall comprise:
a second carrier layer comprising a first side and a second side (Fig. 6, wicking member 160);
a second support layer comprising a first side and a second side, the second support layer coupled to the second carrier layer so that the second side of the second support layer is proximate to the first side of the second carrier layer (para. 0026, adhesive between high-moisture-vapor-transfer-rate member and wicking member); and
a second evaporative membrane layer comprising a first side and a second side, the second evaporative membrane layer coupled to the second support layer so that the second side of the second evaporative membrane layer is proximate to the first side of the second support layer (Fig. 6-7, high-moisture-vapor-transfer-rate barrier 174).
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Ex. Fig. 1 of Locke Fig. 17
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US/2011/0257613 A1 to Locke.
Regarding claim 1, Locke discloses a canister (Fig. 17, 1304 canister) comprising:
a first wall (Ex. Fig. 1);
a second wall coupled to the first wall (Ex. Fig. 1; para. 0084);
a chamber disposed between the first wall and the second wall, the chamber configured to be sealed from an ambient environment and to store fluid (Fig. 17, chamber 1328 between first and second walls; para. 0083);
a pathway disposed between the first wall and the second wall, the pathway configured to be open to the ambient environment (Fig. 17, pathway 1377 between first and second walls configured to be open to ambient environment at port 1380; para. 0086); and
a barrier separating the pathway from the chamber, the barrier configured to permit evaporated fluid in the chamber to transmit through the barrier into the pathway (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336, adhesive layers, inner walls 1373, wicking layers 1382, filter layers 1383; para. 0085; para. 0087).
Regarding claim 2, Locke discloses the invention of claim 1. Locke further discloses wherein the barrier comprises:
a first barrier wall comprising one or more layers (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336, adhesive layers, inner walls 1373, wicking layers 1382, filter layers 1383; para. 0085; para. 0087); and
a second barrier wall comprising one or more layers (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336, adhesive layers, inner walls 1373, wicking layers 1382, filter layers 1383; para. 0085; para. 0087).
Regarding claim 3, Locke discloses the invention of claim 2. Locke further discloses wherein the pathway is formed by:
coupling the first barrier wall to the first wall;
coupling the second barrier wall to the second wall; and
coupling the first wall to the second wall so that the first barrier wall and the second barrier wall face each other and form a boundary between the pathway and the chamber (Ex. Fig. 1, first and second barrier walls mechanically coupled to first and second walls through supporting members 1379, first and second walls form the shell 1375, first and second barrier walls act as a boundary between pathway 1377 and chamber 1328).
Regarding claim 4, Locke discloses the invention of claim 2. Locke further discloses wherein:
the one or more layers of the first barrier wall comprise:
a first carrier layer comprising a first side and a second side;
a first support layer comprising a first side and a second side, the first support layer coupled to the first carrier layer so that the first side of the first support layer is proximate to the second side of the first carrier layer; and
a first evaporative membrane layer comprising a first side and a second side, the first evaporative membrane layer coupled to the first support layer so that the first side of the first evaporative membrane layer is proximate to the second side of the first support layer (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336 [evaporative membrane layer], adhesive layers [support layer between inner walls 1373 and vapor-permeable material layers 1336], inner walls 1373 [carrier layers], wicking layers 1382, filter layers 1383; para. 0085; para. 0087);
the one or more layers of the second barrier wall comprise:
a second carrier layer comprising a first side and a second side;
a second support layer comprising a first side and a second side, the second support layer coupled to the second carrier layer so that the second side of the second support layer is proximate to the first side of the second carrier layer; and
a second evaporative membrane layer comprising a first side and a second side, the second evaporative membrane layer coupled to the second support layer so that the second side of the second evaporative membrane layer is proximate to the first side of the second support layer (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336 [evaporative membrane layer], adhesive layers [support layer between inner walls 1373 and vapor-permeable material layers 1336], inner walls 1373 [carrier layers], wicking layers 1382, filter layers 1383; para. 0085; para. 0087).
Regarding claim 5, Locke discloses the invention of claim 4. Locke further discloses wherein:
the first carrier layer comprises:
a first section having an opening; and
a second section having a plurality of holes (Ex. Fig. 1, inner walls 1373 comprising holes 1335 denoted by horizontal line though inner wall 1373; para. 0085);
the second carrier layer comprises:
a first section having an opening; and
a second section having a plurality of holes (Ex. Fig. 1, inner walls 1373 comprising holes 1335 denoted by horizontal line though inner wall 1373; para. 0085).
Regarding claim 6, Locke discloses the invention of claim 5. Locke further discloses a first mechanical coupling of the first support layer to the second side of the first carrier layer and the first evaporative membrane layer to the second side of the first support layer, the first mechanical coupling aligned with a periphery of the plurality of holes of the second section of the first carrier layer; and
a second mechanical coupling of the second support layer to the first side of the second carrier layer and the second evaporative membrane layer to the first side of the second support layer, the second mechanical coupling aligned with a periphery of the plurality of holes of the second section of the second carrier layer (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336 [evaporative membrane layer], adhesive layers [support layer between inner walls 1373 and vapor-permeable material layers 1336], inner walls 1373 [carrier layers], wicking layers 1382, filter layers 1383; para. 0085, adhesive layer as support layer between inner walls 1373 and vapor-permeable material layers 1336 acts to mechanically couple either side of the layer to the surrounding layers, adhesive layer would be considered to be aligned with a periphery of the plurality of holes 1335 as the adhesive layer couples the area between the inner walls 1373 and vapor-permeable material layers 1336 such that it would be surrounding areas free of inner walls 1373; para. 0087).
Regarding claim 7, Locke discloses the invention of claim 5. Locke further discloses wherein:
the first support layer is adhered to the second side of the first carrier layer along a periphery of the plurality of holes of the second section of the first carrier layer;
the first evaporative membrane layer is adhered to the second side of the first support layer along the periphery of the plurality of holes of the second section of the first carrier layer;
the second support layer is adhered to the first side of the second carrier layer along a periphery of the plurality of holes of the second section of the second carrier layer; and
the second evaporative membrane layer is adhered to the first side of the second support layer along the periphery of the plurality of holes of the second section of the second carrier layer (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336 [evaporative membrane layer], adhesive layers [support layer between inner walls 1373 and vapor-permeable material layers 1336], inner walls 1373 [carrier layers], wicking layers 1382, filter layers 1383; para. 0085, adhesive layer as support layer between inner walls 1373 and vapor-permeable material layers 1336 acts to mechanically couple either side of the layer to the surrounding layers, adhesive layer would be considered to be aligned with a periphery of the plurality of holes 1335 as the adhesive layer couples the area between the inner walls 1373 and vapor-permeable material layers 1336 such that it would be surrounding areas free of inner walls 1373; para. 0087).
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.
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.
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 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Locke as applied above.
Regarding claim 8, Locke discloses the invention of claim 5.
The prior art differs from the instantly claimed invention in that the prior art fails to disclose wherein each hole of the plurality of holes of the second section of the first carrier layer and the second carrier layer has a hexagonal shape, each vertex of each hole proximate to at least one vertex of an adjacent hole.
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of holes such that they are approximately hexagonal in shape, since a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. See MPEP § 2144.04.
Regarding claim 9, Locke suggests the invention of claim 8. Locke further discloses wherein each of the first support layer and the second support layer has a plurality of holes extending through the first support layer and the second support layer (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336 [evaporative membrane layer], adhesive layers [support layer between inner walls 1373 and vapor-permeable material layers 1336], inner walls 1373 [carrier layers], wicking layers 1382, filter layers 1383; para. 0085, adhesive layer as support layer between inner walls 1373 and vapor-permeable material layers 1336 acts to mechanically couple either side of the layer to the surrounding layers, adhesive layer would be considered to be aligned with a periphery of the plurality of holes 1335 as the adhesive layer couples the area between the inner walls 1373 and vapor-permeable material layers 1336 such that it would be surrounding areas free of inner walls 1373 and would comprise holes at substantially the same areas as the holes 1335; para. 0087).
Regarding claim 10, Locke suggests the invention of claim 9.
The prior art differs from the instantly claimed invention in that the prior art fails to disclose wherein each hole of the plurality of holes of the first support layer and the second support layer having a hexagonal shape, each vertex of each hole proximate to at least one vertex of an adjacent hole.
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of holes such that they are approximately hexagonal in shape, since a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. See MPEP § 2144.04.
Regarding claim 11, Locke suggests the invention of claim 10. Locke further discloses wherein: the plurality of holes of the first support layer being aligned with the plurality of holes of the first carrier layer; and
at least one mechanical joining of the first support layer to the first carrier layer at at least one vertex of the aligned plurality of holes; and
the plurality of holes of the second support layer being aligned with the plurality of holes of the second carrier layer; and
at least one mechanical joining of the second support layer to the second carrier layer at at least one vertex of the aligned plurality of holes (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336 [evaporative membrane layer], adhesive layers [support layer between inner walls 1373 and vapor-permeable material layers 1336], inner walls 1373 [carrier layers], wicking layers 1382, filter layers 1383; para. 0085, adhesive layer as support layer between inner walls 1373 and vapor-permeable material layers 1336 acts to mechanically couple either side of the layer to the surrounding layers, adhesive layer would be considered to be aligned with a periphery of the plurality of holes 1335 as the adhesive layer couples the area between the inner walls 1373 and vapor-permeable material layers 1336 such that it would be surrounding areas free of inner walls 1373 and would comprise holes at substantially the same areas as the holes 1335; para. 0087).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Locke as applied above, and further in view of US/20130053798 A1 to Coulthard.
Regarding claim 19, Locke discloses the invention of claim 4. Locke further discloses wherein:
the first barrier wall further comprises a first layer with a first side and a second side, the first nonwoven layer coupled to the first support layer and the first evaporative membrane layer so that the first side of the first layer is proximate to the second side of the first support layer and the second side of the first layer is proximate to the first side of the first evaporative membrane layer; and
the second barrier wall further comprises a second layer with a first side and a second side, the second nonwoven layer coupled to the second evaporative membrane layer and the second support layer so that the first side of the second layer is proximate to the second side of the second evaporative membrane layer and the second side of the second layer is proximate to the first side of the second support layer (Ex. Fig. 1, first and second barrier walls formed from liquid-impermeable vapor-permeable material layers 1336 [evaporative membrane layer], adhesive layers [support layer between inner walls 1373 and vapor-permeable material layers 1336], inner walls 1373 [carrier layers], wicking layers 1382 [second layers], filter layers 1383; para. 0085; para. 0087, wicking layers 1382 considered to be fluidically coupled to the vapor-permeable material layers 1336 and the adhesive layers through holes 1335 of inner walls 1373; wicking layers are considered to be proximate [very near] vapor-permeable material layers 1336 and adhesive layers).
The prior art differs from the instantly claimed invention in that the prior art fails to disclose that the first and second layers are nonwovens.
Coulthard teaches a canister comprising nonwoven wicking layers (Fig. 6-7, pouch 106 as a canister comprising first and second wicking layers 160/162; para. 0032).
As Coulthard discloses a wicking layer that may use a nonwoven material, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use a nonwoven wicking layer as disclosed by Coulthard in the canister suggested by the prior art, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP § 2144.07.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent no. 8,641,693 B2 to Locke discloses a canister comprising a single vapor permeable membrane and a pathway open to the atmosphere between two walls. U.S. Patent no. 8,403,902 B2 to Locke discloses a fluid flow path comprising vapor permeable membranes. WO/2014/158529 A1 to Coulthard discloses a canister comprising a moisture trap open to the atmosphere through a vapor permeable membrane.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linnae Raymond whose telephone number is (571)272-6894. The examiner can normally be reached M-F 8:00am to 4:00pm.
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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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/Linnae E. Raymond/Examiner, Art Unit 3781
/LESLIE R DEAK/Primary Examiner, Art Unit 3799 18 April 2026
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