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 II, claims 18-24 in the reply filed on 06/24/2026 is acknowledged.
Claims 18-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 06/24/2026.
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.
Claim(s) 18-24 are rejected under 35 U.S.C. 103 as being unpatentable over Graef et al. (U.S. 2002/0007169).
Regarding claims 18 and 20, Graef et al. teaches a first stratum comprising fibers (paragraph [0039]) and a second stratum includes a fibrous matrix and absorbent material, e.g. superabsorbent polymer particles (paragraph [0036]), wherein the first stratum is directly next to the second stratum (Fig. 1), and connected by a transition zone that includes material compositions intermixed from each stratum (paragraphs [0029]-[0031]). The basis weight of the first stratum can be in the range from about 20 to about 80 gsm (paragraph [0039]). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); see MPEP 2144.05.
Regarding claim 19, note that because claim 18 is in the form of alternatives, and Graef et al. teaches the containment weight comprising the basis weight, it is not required that Graef et al. meet the further limitation of the non-selected groups via subsequent dependent claims.
Regarding claim 21, Graef et al. teaches first stratum includes, for example, polyethylene terephthalate (PET), polyethylene, polypropylene, nylon, latex, and rayon fibers. Suitable natural fibers include, for example, cotton, wool, wood pulp, straw, kenaf, and other cellulosic fibers (paragraph [0039]).
Regarding claim 22, Graef et al. teaches wherein the first stratum may include PET fibers present in an amount from about 70 to about 90 percent by weight and the bicomponent binder fibers can be present from about 10 to about 30 percent by weight based on the total weight of fibers in the stratum (paragraph [0040]).
Regarding claim 23, Graef et al. teaches wherein the first stratum may include hydrophobic fibrous material (paragraph [0039]), i.e. non-absorbent fibers.
Regarding claim 24, while Graef et al. is silent with respect to an amount of non-absorbent fibers, Graef et al. does disclose other fibers may be included in the first stratum as long as the first stratum remains relatively less hydrophilic than the second stratum (paragraph [0039]). Since the instant specification is silent to unexpected results, the specific amount of non-absorbent fibers is not considered to confer patentability to the claims. As the hydrophobicity is a variable that can be modified, among others, by adjusting the amount of non-absorbent fibers, the precise amount would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the claimed invention. As such, without showing unexpected results, the claimed amount cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have optimized, by routine experimentation, the amount of non-absorbent fibers in Graef et al. to obtain the desired hydrophobicity (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG HUANG whose telephone number is (571)270-7387. The examiner can normally be reached on Monday-Thursday from 7 AM to 5 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Callie Shosho, can be reached at 571-272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHENG YUAN HUANG/Primary Examiner, Art Unit 1787
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