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 in the reply filed on 6/26/2026 is acknowledged.
Claims 30-31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/26/2026.
Claim Rejections - 35 USC § 102
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.
Claim(s) 16-18, 21, and 27-29 are rejected under 35 U.S.C. 102a1 as being anticipated by Freuler, USP 3,220,116.
Regarding claim 16, Freuler teaches a method of modifying the fiber network of a fiber web (column 1 lines 9-13), the method comprising:
imposing a three-dimensional pattern in a wet fiber web (see figures and column 2 lines 50-55); and
drying the wet fiber web using evaporative drying while allowing the web to shrink (column 1 line 13-21);
wherein the imposing of the three-dimensional pattern on the wet fiber web is done before the evaporative drying (see claim 1 and columns 2-3), and
wherein the imposing of the three-dimensional pattern on the wet fiber web provides the three-dimensional pattern through the wet elongation of the wet fiber web without affecting at least the width of the wet fiber web (see columns 2-3, see column 3 line 52).
Regarding claim 17, Freuler further teaches that the three-dimensional pattern is imposed on the web by pressing the web between two surfaces of which one or both surfaces are shaped (see item 10 and figures.
Regarding claim 18, Freuler further teaches wherein the imposed three-dimensional pattern on the web is a machine-direction (MD) corrugation of the web, or another pattern that provides waves and ridges in the web in the machine-direction (see figures).
Regarding claims 21 and 29, Freuler further teaches the claimed basis weight (see table 1).
Regarding claim 27, Freuler further teaches wherein the evaporative drying is carried out by cylinder drying, impingement drying, or air flotation drying, until a solids content of >80% by weight is achieved (see columns 2-3).
Regarding claim 28, Freuler further teaches wherein drying induced shrinkage in the drying step is boosted by using contracting rollers (see column 2).
Claim Rejections - 35 USC § 102/103
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.
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.
Claim(s) 16, 19-20, 22-26 are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Hermans et al, US Patent Publication 2006/0090867 in view of Freuler, USP 3,220,116.
Regarding claim 16, Hermans teaches a method of modifying the fiber network of a fiber web (see abstract and claim 1), the method comprising:
imposing a three-dimensional pattern in a wet fiber web (see figures); and
drying the wet fiber web using evaporative drying while allowing the web to shrink (step e [0004] and claim 1);
wherein the imposing of the three-dimensional pattern on the wet fiber web is done before the evaporative drying (see claim 1), and
wherein the imposing of the three-dimensional pattern on the wet fiber web provides the three-dimensional pattern through the wet elongation of the wet fiber web without affecting at least the width of the wet fiber web (see figures and [0024]) .
Hermans provides an implicit teaching of the natural shrinking of the web during drying by the descriptions utilized in the process.
In the alternative, to show that the act of shrinking the web is a natural component of the drying action when performed int eh same manner, Freuler is presented.
Freuler teaches imposing a three-dimensional pattern in a wet fiber web (see figures and column 2 lines 50-55); and
drying the wet fiber web using evaporative drying while allowing the web to shrink (column 1 line 13-21);
wherein the imposing of the three-dimensional pattern on the wet fiber web is done before the evaporative drying (see claim 1 and columns 2-3), and
wherein the imposing of the three-dimensional pattern on the wet fiber web provides the three-dimensional pattern through the wet elongation of the wet fiber web without affecting at least the width of the wet fiber web (see columns 2-3, see column 3 line 52).
It would have been obvious to one of ordinary skill in the art at the time of the invention that the same actions as taught by both references would produce the shrinking actions as described by Freuler.
Regarding claim 19, Hermans further teaches wherein the dry matter content of the wet fiber web during the imposing of the pattern is 20-60% by weight (claim 1 20% or greater).
Regarding claim 20, Hermans further teaches that the fiber web comprises mechanical, chemi-mechanical, thermochemimechanical, semi-chemical or chemical pulp, either bleached or unbleached, from wood or non-wood origin, from either virgin or recycled sources, or their mixture (softwood kraft [0038]).
Regarding claim 22, Hermans further teaches wherein the fiber web has been formed from a fiber pulp that has been mechanically pretreated by one or more pretreatment steps selected from refining, kneading or other high consistency treatment, or by addition of cellulose microfibrils, nanofibrils or nanocrystals (CMF, CNF, CNC), or carboxymethyled cellulose (CMC), the pre- treatment steps comprising at least one treatment step that induces fiber deformations selected from curls, kinks, dislocations or microcompressions (implied from the teaching of using a pulper on the bleached norther softwood kraft fibers [0038] which will perform a pulping action which produces a combination of micro compressions and dislocations to produce the pulp form the wood fibers).
Regarding claim 23, Hermans further teaches further comprising one or more treatment steps, where one or more chemicals are added to a pulp suspension or applied on or impregnated in the wet fiber web [0017], or applied as mixtures of multilayers, or as cellulose solvents, the one or more chemicals being selected from natural or modified polymeric materials with or without cross- linking agents (Kymene and latex has to be either natural or modified polymeric materials that either has a crosslinking agent or doesn’t), micro or nanofibrillated cellulosic material, hemicellulose or cellulose, carboxymethyl cellulose, starch, xyloglucan, alginate, gelatin, agar, chitosan, guargum, polyamideamine epichlorohydrin (PAE), polyurethane, polylactic acid (PLA), polyvinylacetate (PVAc), polyvinylamine (PVAm), polyethyleneimine (PEI), or polyacrylamide (PAM)
Regarding claim 24, Hermans further teaches a step of smoothing out the three- dimensional pattern at a dry matter content of 55-95% by weight (7% water [0015]).
Regarding claims 25-26, Hermans further teaches wherein the smoothing step takes place by crushing the three-dimensional pattern (see figure 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB T MINSKEY whose telephone number is (571)270-7003. The examiner can normally be reached M-F 8-6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 5712707475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACOB T. MINSKEY
Examiner
Art Unit 1741
/JACOB T MINSKEY/Primary Examiner, Art Unit 1748