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
1. 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.
2. Claims 1-5 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.
3. With regard to claim 1, the term “main” with respect to the polypropylene component of the bicomponent fiber is considered relative. In other words, what percentage or what amount is considered “main”? The term “main” in the claim is a relative term which renders the claim indefinite. The term “main” 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 1 is further indefinite because it is not clear what is meant by “bonding area” and “non-bonding area”. It is not clear if the non-woven fabric is positively embossed or pattern bonded in certain areas or if a percentage of the non-woven is positively embossed or pattern bonded. The recitation of “bonding areas” and “non-bonding areas” does not definitively limit the non-woven to having areas or regions that are embossed or bonded and areas that are not. Applicants have not limited the surface of the non-woven to having a percentage and/or defined patterns that have either been embossed or patterned. According to Applicant’s specification the bonding area refers to a part where the core- sheath composite fiber is bonded to another, and the non- bonding area refers to a part where the core-sheath composite fiber is not bonded to another and the cross-sectional shape is maintained. However, the Examiner is of the position that it is not clear what is meant by “bonded to another” and “not bonded to another”. For purposes of Examination the Examiner will construe this limitation to mean a non-woven that has been surface embossed or patterned. Claims 2-5 are rejected for their dependency on claim 1.
4. Claim 4 is further indefinite because it is not clear what is meant by the recitation of “wherein a tensile strength and elongation product per a basis weight”. It is not clear if Applicants are claiming the tensile strength, elongation or the basis weight.
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 1959037 A1 in view of EP 1730335 B1.
The published EP document ‘037 A1 teach a conjugate (sheath/core) heat extensible fiber and non-woven fabric that includes a first resin component having an orientation index of 30% to 70% and a second resin component having a lower melting point or softening point than the melting point of the first resin component and an orientation index of 40% or more, the second resin component being present on at least part of the surface of the conjugate fiber in a lengthwise continuous configuration (abstract and paragraphs 0005-0007). With regard to the claimed Os/Oc ratio, the published EP document teach that the orientation index of the first and the second resin components can be represented by formula: Orientation index (%) = A/B x 100; wherein A is a birefringence of the resin in the heat extensible conjugate fiber, and B is an intrinsic birefringence of the resin (paragraphs 0011). With regard to the claimed ratio the published EP document ‘037 A1 exemplify a polypropylene (main component) eccentric 80/20 sheath/core fiber wherein the core has an orientation index % of 65 and the sheath has an orientation index % of 55 (table 1, example 9). Such a fiber would have an Os/Oc ratio (e.g., Os55%/Oc65%) of .85 and thus meets the claimed ratio. With regard to the claimed bonding/non-bonding areas, the published EP document ‘037 A1 teach surface embossing the non-woven (paragraph 0055 and figures 2, 4a and 4b). Such an embossing step would produce the claimed bonding/non-bonding areas as claimed.
With regard to claim 2, since the conjugate fiber of the published EP document ‘037 A1 meets the claimed Os/Oc ratio is reasonable to expect that the orientation parameter (Os) of the sheath component would also fall within the claimed range.
With regard to claim 3, the published EP document ‘037 A1 teach that the conjugate fiber exhibits a peak melting temperature (paragraph 0028).
With regard to claim 4, the published EP document ‘037 A1 teach that the nonwoven fabric has a basis weight of 15 to 60 g/m.sup.2, more preferably 20 to 40 g/m.sup.2 (paragraph 0054).
With regard to claim 5, the published EP document ‘037 A1 does not teach the claimed difference between the melt flow temperatures between the polypropylene used as the sheath component and the polypropylene used as the core component. The published EP document ‘037 A1 does teach melt spinning the polypropylene having a melt flow temperature of 10 to 35 g/10 min (claim 8). Absent a clear and convincing showing of unexpected results demonstrating the criticality of the claimed difference in melt flow temperatures between the sheath and core components of the conjugate filament, it would have been obvious to one of ordinary skill in the art to optimize this result-effective variable by routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). The published EP document ‘037 A1 further teach that the conjugate fibers and non-woven fabric are suitable for use as a topsheet, a second sheet (a sheet interposed between a topsheet and an absorbent member), a backsheet or a leakproof sheet of disposable hygiene articles such as disposable diapers and sanitary napkins, a body cleaning sheet, a skin care sheet, a wipe for inanimate objects, and the like (paragraph 0053).
The published EP document ‘037 A1 teach melt-spinning fibers to form polypropylene comprising conjugate fibers and non-woven fabrics, but does not expressly teach forming spun-bond non-woven fabrics.
The published EP document ‘335 B1 also teach melt-spinning polypropylene to form conjugate fibers and spun-bond non-woven fabrics (title, abstract, paragraph 0013, 0015-0016, 0046-0047, 0055-0057, 0078, claims 11-14 and claim 33). The published EP document ‘335 B1 further teach that the conjugate fibers and spun-bond non-woven fabrics are suitable for use in personal care articles such as the ones disclosed above (see claims 22-32).
It would have been obvious to a person of ordinary skill in the art to use the conjugate fibers taught in the published EP document ‘037 A1 (primary reference) to form spun-bond non-woven fabrics as taught by the published EP document ‘335 B1 (secondary reference). The Examiner is of the position that the cited references are analogous since both the primary and secondary reference are concerned with forming the same or similar articles (e.g., conjugate fibers and non-woven/spun-bond fabrics) using the same or similar materials (e.g., polypropylene) for use in the same or similar applications (e.g., personal care articles). As such, the Examiner is of the position that a person of ordinary skill in the art would recognize that the polypropylene comprising conjugate fibers taught by the primary reference, EP ‘037 A1 can be used to form spun-bond non-woven fabrics as taught by the secondary reference EP ‘335 B1 without undue experimentation. Motivation to specifically form spun-bond non-woven fabrics is found in the desire to manufacture personal care articles.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNDA SALVATORE whose telephone number is (571)272-1482. The examiner can normally be reached M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYNDA SALVATORE/Primary Examiner, Art Unit 1789