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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,152,347. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. 12,152,347 encompass or include that which is recited in claims 1-20 of the present patent application.
With regard to claim 1, U.S. Patent No. 12,152,347 discloses a sanitary tissue product roll comprising a through-air-dried web comprising a plurality of pulp fibers, wherein the through-air-dried web is convolutely wound about itself such that the sanitary tissue product roll exhibits a Moment of Inertia value as measured according to a Moment of Inertia Test Method and a Roll Density value as measured according to a Roll Density Test Method, wherein the Moment of Inertia value and the Roll Density values are such that the sanitary tissue product roll falls below a line having the following equation: y=0.0385log(x) + 0.0478 graphed on a plot of Moment of Inertia in units of g*m² (x-axis) and Roll Density in units of g/cm³ (y-axis), which overlaps with falls below a line having the following equation: y=0.0643ln(x)+0.0039 graphed on a plot of Moment of Inertia in units of g*m² (x-axis) and Roll Density in units of g/cm³ (y-axis), wherein the sanitary tissue product roll exhibits a Roll Diameter of greater than 8.25 inches (claim 1).
Regarding claim 2, U.S. Patent No. 12,152,347 discloses the sanitary tissue product roll exhibiting a roll width of greater than 1.0 inch to less than 10.0 inches (claim 1).
Regarding claim 3, U.S. Patent No. 12,152,347 discloses wherein the sanitary tissue product roll exhibits a roll width of less than 9.0 inches (claim 1).
Regarding claim 4, U.S. Patent No. 12,152,347 discloses wherein the sanitary tissue product roll exhibits a Moment of Inertia of greater than 1.50 g*m² as measured according to the Moment of Inertia Test Method (claim 3).
Regarding claim 5, U.S. Patent No. 12,152,347 discloses wherein the sanitary tissue product roll exhibits a Roll Density of less than 0.250 g/cm³ as measured according to the Roll Density Test Method (claim 4).
Regarding claim 6, U.S. Patent No. 12,152,347 discloses the through-air-dried web
comprising an uncreped through-air-dried fibrous structure ply (claim 6).
Regarding claim 7, U.S. Patent No. 12,152,347 discloses wherein the through-air-dried web comprises a creped through-air-dried fibrous structure ply (claim 7).
Regarding claim 8, U.S. Patent No. 12,152,347 discloses wherein the through-air-dried web comprises an embossed through-air-dried fibrous structure ply (claim 8).
Regarding claim 9, U.S. Patent No. 12,152,347 discloses wherein the through-air-dried web comprises two or more through-air-dried fibrous structure plies (claim 9).
Regarding claim 10, U.S. Patent No. 12,152,347 discloses the through-air-dried web is
convolutely wound about a core (claim 10).
Regarding claim 11, U.S. Patent No. 12,152,347 discloses the core exhibiting an outer
diameter of less than 2.25 inches (claim 11).
Regarding claim 12, U.S. Patent No. 12,152,347 discloses the sanitary tissue product roll exhibiting a Core Kinetic Coefficient of Friction value of greater than 0.10 and less than 0.50 as
measured according to the Core Kinetic Coefficient of Friction Measurement Test Method (claim 12).
Regarding claim 13, U.S. Patent No. 12,152,347 discloses the through-air-dried web is
void of permanent wet strength (claim 13).
Regarding claim 14, U.S. Patent No. 12,152,347 discloses the sanitary tissue product
roll is a toilet tissue roll (claim 14).
Regarding claim 15, U.S. Patent No. 12,152,347 discloses the sanitary tissue product roll is a paper towel roll (claim 15).
Regarding claim 16, U.S. Patent No. 12,152,347 discloses a package comprising one or more sanitary tissue product rolls according to claim 1 (claim 16).
Regarding claim 17, U.S. Patent No. 12,152,347 discloses wherein the package comprises a single sanitary tissue product roll (claim 17).
Regarding claim 18, U.S. Patent No. 12,152,347 discloses a material selected from the group consisting of: a film overwrap, a film bag, a cartonboard, a corrugated board, a cardboard, and combinations thereof (claim 18).
Regarding claim 19, U.S. Patent No. 12,152,347 discloses a method for making a sanitary tissue product roll, wherein the method comprises the steps of:
a. providing a through-air-dried web;
b. convolutely winding the through-air-dried web such that a sanitary tissue product roll
according to Claim 1 is formed (claim 19).
Regarding claim 20, U.S. Patent No. 12,152,347 discloses the step of convolutely winding the through-air-dried web comprising the step of convolutely winding the through-air-dried web about a core (claim 20).
Claims 1-12 and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,447,916. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S. Patent No. 11,447,916 encompass or include that which is recited in claims 1-12 and 15-20 of the present patent application.
Regarding claim 1, U.S. Patent No. 11,447,916 discloses a sanitary tissue product roll (paper towel roll) comprising a through-air-dried web comprising a plurality of pulp fibers, wherein the through-air-dried web is convolutely wound about itself such that the sanitary tissue product roll exhibits a Moment of Inertia value as measured according to a Moment of Inertia Test Method and a Roll Density value as measured according to a Roll Density Test Method, wherein the Moment of Inertia value and the Roll Density values are such that the sanitary tissue product roll falls below a line having the following equation: y=0.0385log(x) +0.0478 graphed on a plot of Moment of Inertia in units of g*m2 (x-axis) and Roll Density in units of g/cm3 (y-axis), since the sanitary tissue product roll exhibits a Moment of Inertia greater than 2.00 g*m2 as measured according to the Moment of Inertia Test Method and exhibits a Roll Density of less than 0.075 g/cm3 as measured according to the Roll Density Test Method, which fall within the claimed ranges for Moment of Inertia and Roll Density, and the sanitary tissue product roll exhibits a Roll Diameter of greater than 8.25 inches (claims 1-5 and 9).
Regarding claim 2, U.S. Patent No. 11,447,916 discloses wherein the sanitary tissue product roll exhibits a roll width of greater than 1.0 inch to less than 10.0 inches (claims 2 and 3).
Regarding claim 3, U.S. Patent No. 11,447,916 discloses the sanitary tissue product roll exhibiting a roll width of less than 9.0 inches (claims 2 and 3).
Regarding claim 4, U.S. Patent No. 11,447,916 discloses wherein the sanitary tissue product roll exhibits a Moment of Inertia of greater than 1.50 g*m2 as measured according to the Moment of Inertia Test Method (claims 1 and 4).
Regarding claim 5, U.S. Patent No. 11,447,916 discloses wherein the sanitary tissue product roll exhibits a Roll Density of less than 0.250 g/cm3 as measured according to the Roll Density Test Method (claim 1).
Regarding claim 6, U.S. Patent No. 11,447,916 discloses the through-air-dried web comprising an uncreped through-air-dried-fibrous structure ply (claim 9).
Regarding claim 7, U.S. Patent No. 11,447,916 discloses the through-air-dried web comprising a creped through-air-dried-fibrous structure ply (claims 8-9).
Regarding claim 8, U.S. Patent No. 11,447,916 discloses the through-air-dried web comprising an embossed through -air-dried fibrous structure ply (claim 11).
Regarding claim 9, U.S. Patent No. 11,447,916 discloses the through-air-dried web comprises two or more through-air-dried fibrous structure plies (claim 12).
Regarding claim 10, U.S. Patent No. 11,447,916 discloses wherein the through-air-dried web is convolutely wound about a core (claim 5).
Regarding claim 11, U.S. Patent No. 11,447,916 discloses wherein the core exhibits an outer diameter of less than 2.25 inches (claim 6).
Regarding claim 12, U.S. Patent No. 11,447,916 discloses wherein the sanitary tissue product roll exhibits a Core Kinetic Coefficient of Friction value of greater than 0.10 and less than 0.50 as measured according to the Core Kinetic Coefficient of Friction Measurement Test Method (claim 7).
Regarding claim 15, U.S. Patent No. 11,447,916 discloses wherein the sanitary tissue product roll is a paper towel roll (claim 16).
Regarding claim 16, U.S. Patent No. 11,447,916 discloses a package comprising one or more sanitary tissue product rolls according to Claim 1 (claim 15).
Regarding claim 17, U.S. Patent No. 11,447,916 discloses wherein the package comprises a single sanitary tissue product roll (claim 16).
Regarding claim 18, U.S. Patent No. 11,447,916 discloses a material selected from the group consisting of: a film overwrap, a film bag, a cartonboard, a corrugated board, a cardboard, and combinations thereof (claim 17).
Regarding claim 19, U.S. Patent No. 11,447,916 discloses a method for making a sanitary tissue product roll, wherein the method comprises the steps of:
a. providing a through-air-dried web;
b. convolutely winding the through-air-dried web such that a sanitary tissue product roll according to Claim 1 is formed (claim 18).
Regarding claim 20, U.S. Patent No. 11,447,916 discloses wherein the step of convolutely winding the through-air-dried web comprises the step of convolutely winding the through-air-dried web about a core (claim 19).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,633,076. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S. Patent No. 11,633,076 encompass or include that which is recited in claims 1-20 of the present patent application.
Regarding claim 1, U.S. Patent No. 11,633,076 discloses a sanitary tissue product roll comprising a through-air-dried web comprising a plurality of pulp fibers, wherein the through-air-dried web is convolutely wound about itself such that the sanitary tissue product roll exhibits a Moment of Inertia value as measured according to a Moment of Inertia Test Method and a Roll Density value as measured according to a Roll Density Test Method, wherein the Moment of Inertia value and the Roll Density values are such that the sanitary tissue product roll falls below a line having the following equation: y=0.0385log(x) +0.0478 graphed on a plot of Moment of Inertia in units of g*m2 (x-axis) and Roll Density in units of g/cm3 (y-axis), since the sanitary tissue product roll exhibits a Moment of Inertia greater than 10.00 g*m2 as measured according to the Moment of Inertia Test Method and exhibits a Roll Density of less than 0.250 g/cm3 as measured according to the Roll Density Test Method, which fall within the claimed ranges for Moment of Inertia and Roll Density, and wherein the sanitary tissue product roll exhibits a Roll Diameter of greater than 8.25 inches (claims 1-4).
Regarding claim 2, U.S. Patent No. 11,633,076 discloses the sanitary tissue product roll exhibiting a roll width of greater than 1.0 inch to less than 10.0 inches (claim 1).
Regarding claim 3, U.S. Patent No. 11,633,076 discloses wherein the sanitary tissue product roll exhibits a roll width of less than 9.0 inches (claim 1).
Regarding claim 4, U.S. Patent No. 11,633,076 discloses wherein the sanitary tissue product roll exhibits a Moment of Inertia of greater than 1.50 g*m2 as measured according to the Moment of Inertia Test Method (claim 1).
Regarding claim 5, U.S. Patent No. 11,633,076 discloses wherein the sanitary tissue product roll exhibits a Roll Density of less than 0.250 g/cm3 as measured according to the Roll Density Test Method (claims 1-2).
Regarding claim 6, U.S. Patent No. 11,633,076 discloses wherein the through-air-dried web comprises an uncreped through-air-dried fibrous structure ply (claim 18).
Regarding claim 7, U.S. Patent No. 11,633,076 discloses wherein the through-air-dried web comprises a creped through-air-dried fibrous structure ply (claim 10).
Regarding claim 8, U.S. Patent No. 11,633,076 discloses wherein the through-air-dried web comprises an embossed through-air-dried fibrous structure ply (claim 8).
Regarding claim 9, U.S. Patent No. 11,633,076 discloses wherein the through-air-dried web comprises two or more through-air-dried fibrous structure plies (claim 11).
Regarding claim 10, U.S. Patent No. 11,633,076 discloses wherein the through-air-dried web is convolutely wound about a core (claim 4).
Regarding claim 11, U.S. Patent No. 11,633,076 discloses wherein the core exhibits an outer diameter of less than 2.25 inches (claim 5).
Regarding claim 12, U.S. Patent No. 11,633,076 discloses wherein the sanitary tissue product roll exhibits a Core Kinetic Coefficient of Friction value of greater than 0.10 and less than 0.50 as measured according to the Core Kinetic Coefficient of Friction Measurement Test Method (claim 6).
Regarding claim 13, U.S. Patent No. 11,633,076 discloses wherein the through-air-dried web is void of permanent wet strength (claim 9).
Regarding claim 14, U.S. Patent No. 11,633,076 discloses the sanitary tissue product roll is a toilet tissue roll (claim 12).
Regarding claim 15, the limitation “the sanitary tissue product roll is a paper towel roll” is a recitation of the intended use of the claimed invention. It has been held that a claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. As shown above, U.S. Patent No. 11,633,076 clearly teaches all the structural limitations of the claimed sanitary tissue product roll. Accordingly, the sanitary tissue product roll of U.S. Patent No. 11,633,076 is capable of performing the intended use recited in claim 15.
Regarding claim 16, U.S. Patent No. 11,633,076 discloses a package comprising one or more sanitary tissue product rolls according to Claim 1 (claim 13).
Regarding claim 17, U.S. Patent No. 11,633,076 discloses wherein the package comprises a single sanitary tissue product roll (claim 14).
Regarding claim 18, U.S. Patent No. 11,633,076 discloses a material selected from the group consisting of: a film overwrap, a film bag, a cartonboard, a corrugated board, a cardboard, and combinations thereof (claim 15).
Regarding claim 19, U.S. Patent No. 11,633,076 discloses a method for making a sanitary tissue product roll, wherein the method comprises the steps of:
a. providing a through-air-dried web;
b. convolutely winding the through-air-dried web such that a sanitary tissue product roll according to Claim 1 is formed (claim 16).
Regarding claim 20, U.S. Patent No. 11,633,076 discloses wherein the step of convolutely winding the through-air-dried web comprises the step of convolutely winding the through-air-dried web about a core (claim 17).
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,700,979. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-18 of U.S. Patent No. 11,700,979 encompass or include that which is recited in claims 1-18 of the present patent application.
Regarding claim 1, U.S. Patent No. 11,700,979 discloses a sanitary tissue product roll comprising a through-air-dried web comprising a plurality of pulp fibers, wherein the through-air-dried web is convolutely wound about itself such that the sanitary tissue product roll exhibits a Moment of Inertia value as measured according to a Moment of Inertia Test Method and a Roll Density value as measured according to a Roll Density Test Method, wherein the Moment of Inertia value and the Roll Density values are such that the sanitary tissue product roll falls below a line having the following equation: y=0.0385log(x) +0.0478 graphed on a plot of Moment of Inertia in units of g*m2 (x-axis) and Roll Density in units of g/cm3 (y-axis), since the sanitary tissue product roll exhibits a Moment of Inertia greater than 1.50 g*m2 as measured according to the Moment of Inertia Test Method and exhibits a Roll Density of less than 0.250 g/cm3 as measured according to the Roll Density Test Method, which fall within the claimed ranges for Moment of Inertia and Roll Density, and wherein the sanitary tissue product roll exhibits a Roll Diameter of greater than 8.25 inches (claim 1).
Regarding claim 2, U.S. Patent No. 11,700,979 discloses the sanitary tissue product roll exhibiting a roll width of greater than 1.0 inch to less than 10.0 inches (claims 1-3).
Regarding claim 3, U.S. Patent No. 11,700,979 discloses wherein the sanitary tissue product roll exhibits a roll width of less than 9.0 inches (claims 1-3).
Regarding claim 4, U.S. Patent No. 11,700,979 discloses wherein the sanitary tissue product roll exhibits a Moment of Inertia of greater than 1.50 g*m2 as measured according to the Moment of Inertia Test Method (claim 1).
Regarding claim 5, U.S. Patent No. 11,700,979 discloses wherein the sanitary tissue product roll exhibits a Roll Density of less than 0.250 g/cm3 as measured according to the Roll Density Test Method (claim 1).
Regarding claim 6, U.S. Patent No. 11,700,979 discloses wherein the through-air-dried web comprises an uncreped through-air-dried fibrous structure ply (claim 5).
Regarding claim 7, U.S. Patent No. 11,700,979 discloses wherein the through-air-dried web comprises a creped through-air-dried fibrous structure ply (claim 6).
Regarding claim 8, U.S. Patent No. 11,700,979 discloses wherein the through-air-dried web comprises an embossed through-air-dried fibrous structure ply (claim 7).
Regarding claim 9, U.S. Patent No. 11,700,979 discloses wherein the through-air-dried web comprises two or more through-air-dried fibrous structure plies (claim 8).
Regarding claim 10, U.S. Patent No. 11,700,979 discloses wherein the through-air-dried web is convolutely wound about a core (claim 9).
Regarding claim 11, U.S. Patent No. 11,700,979 discloses wherein the core exhibits an outer diameter of less than 2.25 inches (claim 10).
Regarding claim 12, U.S. Patent No. 11,700,979 discloses wherein the sanitary tissue product roll exhibits a Core Kinetic Coefficient of Friction value of greater than 0.10 and less than 0.50 as measured according to the Core Kinetic Coefficient of Friction Measurement Test Method (claim 11).
Regarding claim 13, U.S. Patent No. 11,700,979 discloses wherein the through-air-dried web is void of permanent wet strength (claim 12).
Regarding claim 14, U.S. Patent No. 11,700,979 discloses the sanitary tissue product roll is a toilet tissue roll (claim 14).
Regarding claim 15, U.S. Patent No. 11,700,979 discloses the sanitary tissue product roll is a paper towel roll (claim 15).
Regarding claim 16, U.S. Patent No. 11,700,979 discloses a package comprising one or more sanitary tissue product rolls according to Claim 1 (claim 16).
Regarding claim 17, U.S. Patent No. 11,700,979 discloses wherein the package comprises a single sanitary tissue product roll (claim 17).
Regarding claim 18, U.S. Patent No. 11,700,979 discloses a material selected from the group consisting of: a film overwrap, a film bag, a cartonboard, a corrugated board, a cardboard, and combinations thereof (claim 18).
Claims 1-12 and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,952,724. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S. Patent No. 11,952,724 encompass or include that which is recited in claims 1-12 and 15-20 of the present patent application.
Regarding claim 1, U.S. Patent No. 11,952,724 discloses a sanitary tissue product roll (paper towel roll) comprising a through-air-dried web comprising a plurality of pulp fibers, wherein the through-air-dried web is convolutely wound about itself such that the sanitary tissue product roll exhibits a Moment of Inertia value as measured according to a Moment of Inertia Test Method and a Roll Density value as measured according to a Roll Density Test Method, wherein the Moment of Inertia value and the Roll Density values are such that the sanitary tissue product roll falls below a line having the following equation: y=0.0385log(x) +0.0478 graphed on a plot of Moment of Inertia in units of g*m2 (x-axis) and Roll Density in units of g/cm3 (y-axis), since the sanitary tissue product roll exhibits a Moment of Inertia greater than 2.00 g*m2 and exhibits a Roll Density of less than 0.075 g/cm3, which fall within the claimed ranges for Moment of Inertia and Roll Density, and the sanitary tissue product roll exhibits a Roll Diameter of greater than 8.25 inches (claims 1-2 and 10-11).
Regarding claim 2, U.S. Patent No. 11,952,724 discloses wherein the sanitary tissue product roll exhibits a roll width of greater than 1.0 inch to less than 10.0 inches (claim 1).
Regarding claim 3, U.S. Patent No. 11,952,724 discloses the sanitary tissue product roll exhibiting a roll width of less than 9.0 inches (claims 4-5).
Regarding claim 4, U.S. Patent No. 11,952,724 discloses wherein the sanitary tissue product roll exhibits a Moment of Inertia of greater than 1.50 g*m2 as measured according to the Moment of Inertia Test Method (claim 1).
Regarding claim 5, U.S. Patent No. 11,952,724 discloses wherein the sanitary tissue product roll exhibits a Roll Density of less than 0.250 g/cm3 as measured according to the Roll Density Test Method (claim 1).
Regarding claim 6, U.S. Patent No. 11,952,724 discloses the through-air-dried web comprising an uncreped through-air-dried-fibrous structure ply (claim 11).
Regarding claim 7, U.S. Patent No. 11,952,724 discloses the through-air-dried web comprising a creped through-air-dried-fibrous structure ply (claim 9).
Regarding claim 8, U.S. Patent No. 11,952,724 discloses the through-air-dried web comprising an embossed through -air-dried fibrous structure ply (claim 10).
Regarding claim 9, U.S. Patent No. 11,952,724 discloses the through-air-dried web comprises two or more through-air-dried fibrous structure plies (claim 13).
Regarding claim 10, U.S. Patent No. 11,952,724 discloses wherein the through-air-dried web is convolutely wound about a core (claim 6).
Regarding claim 11, U.S. Patent No. 11,952,724 discloses wherein the core exhibits an outer diameter of less than 2.25 inches (claim 7).
Regarding claim 12, U.S. Patent No. 11,952,724 discloses wherein the sanitary tissue product roll exhibits a Core Kinetic Coefficient of Friction value of greater than 0.10 and less than 0.50 as measured according to the Core Kinetic Coefficient of Friction Measurement Test Method (claim 8).
Regarding claim 15, U.S. Patent No. 11,952,724 discloses wherein the sanitary tissue product roll is a paper towel roll (claim 1).
Regarding claim 16, U.S. Patent No. 11,952,724 discloses a package comprising one or more sanitary tissue product rolls according to Claim 1 (claim 16).
Regarding claim 17, U.S. Patent No. 11,952,724 discloses wherein the package comprises a single sanitary tissue product roll (claim 17).
Regarding claim 18, U.S. Patent No. 11,952,724 discloses a material selected from the group consisting of: a film overwrap, a film bag, a cartonboard, a corrugated board, a cardboard, and combinations thereof (claim 18).
Regarding claim 19, U.S. Patent No. 11,952,724 discloses a method for making a sanitary tissue product roll, wherein the method comprises the steps of:
a. providing a through-air-dried web;
b. convolutely winding the through-air-dried web such that a sanitary tissue product roll according to Claim 1 is formed (claim 19).
Regarding claim 20, U.S. Patent No. 11,952,724 discloses wherein the step of convolutely winding the through-air-dried web comprises the step of convolutely winding the through-air-dried web about a core (claim 20).
Claims 1-12 and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,416,118. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S. Patent No. 12,416,118 encompass or include that which is recited in claims 1-12 and 15-20 of the present patent application.
Regarding claim 1, U.S. Patent No. 12,416,118 discloses a sanitary tissue product roll (paper towel roll) comprising a through-air-dried web comprising a plurality of pulp fibers, wherein the through-air-dried web is convolutely wound about itself such that the sanitary tissue product roll exhibits a Moment of Inertia value as measured according to a Moment of Inertia Test Method and a Roll Density value as measured according to a Roll Density Test Method, wherein the Moment of Inertia value and the Roll Density values are such that the sanitary tissue product roll falls below a line having the following equation: y=0.0385log(x) +0.0478 graphed on a plot of Moment of Inertia in units of g*m2 (x-axis) and Roll Density in units of g/cm3 (y-axis), since the sanitary tissue product roll exhibits a Moment of Inertia greater than 2.00 g*m2 and exhibits a Roll Density of less than 0.075 g/cm3, which fall within the claimed ranges for Moment of Inertia and Roll Density, and the sanitary tissue product roll exhibits a Roll Diameter of greater than 8.25 inches (claims 1-2 and 9-10).
Regarding claim 2, U.S. Patent No. 12,416,118 discloses wherein the sanitary tissue product roll exhibits a roll width of greater than 1.0 inch to less than 10.0 inches (claims 1-4).
Regarding claim 3, U.S. Patent No. 12,416,118 discloses the sanitary tissue product roll exhibiting a roll width of less than 9.0 inches (claims 1-3).
Regarding claim 4, U.S. Patent No. 12,416,118 discloses wherein the sanitary tissue product roll exhibits a Moment of Inertia of greater than 1.50 g*m2 as measured according to the Moment of Inertia Test Method (claim 1).
Regarding claim 5, U.S. Patent No. 12,416,118 discloses wherein the sanitary tissue product roll exhibits a Roll Density of less than 0.250 g/cm3 as measured according to the Roll Density Test Method (claim 1).
Regarding claim 6, U.S. Patent No. 12,416,118 discloses the through-air-dried web comprising an uncreped through-air-dried-fibrous structure ply (claim 10).
Regarding claim 7, U.S. Patent No. 12,416,118 discloses the through-air-dried web comprising a creped through-air-dried-fibrous structure ply (claim 8).
Regarding claim 8, U.S. Patent No. 12,416,118 discloses the through-air-dried web comprising an embossed through -air-dried fibrous structure ply (claim 9).
Regarding claim 9, U.S. Patent No. 12,416,118 discloses the through-air-dried web comprises two or more through-air-dried fibrous structure plies (claim 12).
Regarding claim 10, U.S. Patent No. 12,416,118 discloses wherein the through-air-dried web is convolutely wound about a core (claim 5).
Regarding claim 11, U.S. Patent No. 12,416,118 discloses wherein the core exhibits an outer diameter of less than 2.25 inches (claim 6).
Regarding claim 12, U.S. Patent No. 12,416,118 discloses wherein the sanitary tissue product roll exhibits a Core Kinetic Coefficient of Friction value of greater than 0.10 and less than 0.50 as measured according to the Core Kinetic Coefficient of Friction Measurement Test Method (claim 7).
Regarding claim 15, U.S. Patent No. 12,416,118 discloses wherein the sanitary tissue product roll is a paper towel roll (claim 1).
Regarding claim 16, U.S. Patent No. 12,416,118 discloses a package comprising one or more sanitary tissue product rolls according to Claim 1 (claim 15).
Regarding claim 17, U.S. Patent No. 12,416,118 discloses wherein the package comprises a single sanitary tissue product roll (claim 16).
Regarding claim 18, U.S. Patent No. 12,416,118 discloses a material selected from the group consisting of: a film overwrap, a film bag, a cartonboard, a corrugated board, a cardboard, and combinations thereof (claim 17).
Regarding claim 19, U.S. Patent No. 12,416,118 discloses a method for making a sanitary tissue product roll, wherein the method comprises the steps of:
a. providing a through-air-dried web;
b. convolutely winding the through-air-dried web such that a sanitary tissue product roll according to Claim 1 is formed (claim 18).
Regarding claim 20, U.S. Patent No. 12,416,118 discloses wherein the step of convolutely winding the through-air-dried web comprises the step of convolutely winding the through-air-dried web about a core (claim 19).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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, Frank Vineis can be reached at 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781