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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species I, in the reply filed on June 1, 2026, is acknowledged. Claims 11-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 9,296,176 to Escaffre in view of US Pub. No. 2019/0374388 to Giovanni.
Regarding claims 1-10, Escaffre teaches a lamniferous nonwoven fabric with a high woodpulp content suitable for use in wipes, absorbent articles and other applications, comprising outer layers of lightweight meltspun webs and a middle layer comprising mainly woodpulp fibers and a lesser amount of thermoplastic materials, such as monocomponent thermoplastic fibers, wherein the fabric exhibits good wet and dry softness, good wet abrasion resistance and low wet linting propensity (Escaffre, Abstract, column 11 lines 23-35, column 13 line 50 to column 14 line 42). Escaffre teaches that the two outside meltspun layers may be made by different technologies, including meltblown webs, wherein the two outer layers may be made of the same material and composed of two different polymers in a bicomponent configuration (Id., column 4 lines 40-62, column 8 lines 3-23, column 13 lines 6-49). Escaffre teaches that the outer layers are about 5 gsm or less, and that the middle layer sheet is an airformed nonwoven web comprising a blend of debonded fluff pulp and thermoplastic fibers, wherein the nonwoven composite fabric has a dry basis weight between 40 gsm and 65 gsm (Id., column 15 lines 35-47).
Escaffre teaches that the inventive nonwoven exhibit good softness and that at least one outer surface has a textured surface (Escaffre, column 18 lines 36-42), but does not appear to teach the claimed TS7 value. However, Giovanni teaches shaped, soft, and textured nonwoven fabric and absorbent articles having a TS7 value in the range of about 1 dB V2 rms to about 4.5 dB V2 rms (Giovanni, Abstract). Giovanni teaches that the nonwoven fabric may have a regular, repeating pattern of a plurality of discrete, recognizably different three-dimensional features formed by depositing, such as by melt spinning fibers directly onto a forming belt (Id., paragraphs 0060-0061), wherein melt spinning includes meltblown processes (Id., paragraph 0065). Giovanni teaches that the nonwoven fabric may comprise multicomponent polymeric filaments, comprising polymers including polyolefins, polyesters, polyamides, polyurethanes, elastomeric materials, and the like (Id., paragraphs 0066-0071). Giovanni teaches that the component A may be polypropylene and component B may be a second polypropylene composition, wherein bicomponent filaments may comprise from about 5% to about 95% by weight polypropylene and from about 95% to about 5% of another polypropylene composition (Id., paragraphs 0075-0076). Giovanni teaches that the TS7 value is tactile softness, so low numbers are desired (Id., paragraph 0158). Giovanni teaches improving softness by adjusting low and high basis weight areas (Id., paragraph 0162). Giovanni teaches that the nonwoven fabrics are suitable for use in absorbent articles, as well as medical pads, wipes, and cleaning pads (Id., paragraph 0174).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the nonwoven fabric of Escaffre, wherein the fabric comprises a TS7 value, such as within the claimed range, as taught by Giovanni, motivated by the desire of forming a conventional nonwoven fabric having predictably softness and comfort suitable for the intended application.
Regarding claims 2, 3, 7, and 8, The prior art combination teaches that the outer layers are about 5 gsm or less, and that the middle layer sheet is an airformed nonwoven web comprising a blend of debonded fluff pulp and thermoplastic fibers, wherein the nonwoven composite fabric has a dry basis weight between 40 gsm and 65 gsm. Additionally, the prior art combination teaches that bicomponent fibers may comprise from about 5% to about 95% by weight component A and from about 95% to about 5% of component B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the nonwoven fabric of the prior art combination, and adjusting and varying the amounts of the components, such as within the claimed ranges, as taught by the prior art, motivated by the desire of forming a conventional nonwoven fabric having the desired structure and composition of the bicomponent fibers based on the totality of the teachings of the prior art.
Regarding claims 4 and 9, the prior art combination teaches a substantially similar structure and composition as claimed. Additionally, Escaffre teaches that point-bonding a fibrous web generally confers strength to the web (Escaffre, column 8 line 46 to column 9 line 7, column 23 lines 60-6733). Escaffre teaches Examples having wet tensile strengths, CD of 97-228 N/m (Id., Tables E-G). It is reasonable for one of ordinary skill to expect that the dry tensile strengths CD similarly correlate to wet tensile strength values, where the dry tensile strengths CD would be predictably higher, as shown by the correlation of dry and wet tensile strengths, MD. Additionally, the dry tensile strengths would appear to be within the scope of the claimed CDT values. Therefore, although the prior art does not appear to specifically teach the claimed CDT strength value according to the CDT Strength Method Test, since the prior art combination teaches a substantially similar structure and composition as claimed, including substantially similar properties as claimed, it is reasonable for one of ordinary skill to expect that the claimed properties naturally flow from the teachings of the prior art combination. Products of identical structure cannot have mutually exclusive properties. The burden is on Applicants to prove otherwise.
Alternatively, the prior art combination establishes manners to predictably increase the strength of the web. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the nonwoven fabric of the prior art combination, and adjusting and varying the strength value, such as the CDT strength value, within the claimed ranges, as taught by the prior art, motivated by the desire of forming a conventional nonwoven fabric having the desired properties including strength suitable for the intended application.
Regarding claim 10, the prior art combination does not require bicomponent fibers in a central region.
Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 9,296,176 to Escaffre in view of US Pub. No. 2019/0374388 to Giovanni, as applied to claims 1- 10, and further in view of US Pub. No. 2005/0148261 to Close.
Regarding claims 4 and 9, the prior art combination appears to teach the claimed CDT. Alternatively, Close teaches nonwoven webs treated on at least one surface with a small amount of a polymeric components in the form of meltblown fibers (Close, Abstract). Close teaches that the nonwoven webs may comprise coform webs, including pulp fibers and synthetic fibers (Id., paragraphs 0042, 0045-0048). Close teaches that various anchoring agents may be incorporated to better adhere or bond the meltblown fibers, such as bicomponent fibers (Id., paragraph 0074) on at least one outer layer of the tissue web (Id., paragraph 0076). Close teaches that the tissue products may be incorporated into absorbent articles or other applications (Id., paragraph 0078). Close teaches various examples having CD Tensile values of between 1.34-1.73 lb/in (Id., Table I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the nonwoven fabric of the prior art combination, wherein the fabric comprises a tensile strength, such as within the claimed ranges, as taught by Close, motivated by the desire of forming a conventional nonwoven fabric having properties known in the art as being predictably suitable for similar nonwoven fabric composites.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER Y CHOI whose telephone number is (571)272-6730. The examiner can normally be reached M-F 9:00 AM - 3:00 PM.
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/PETER Y CHOI/Primary Examiner, Art Unit 1786
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