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
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.
Claims 1-22 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.
Claims 1, 5 and 15 are rendered indefinite because of the term “type”. The addition of the word “type” to an otherwise definite express (e.g. fiber) extends the scope of the expression to render it indefinite. See MPEP 2173.05(b). Claims 2-4, 6-14 and 16-22 are rendered indefinite as they depend upon indefinite claim 1. Also, it is unclear if the term “type” refers to diameter of the fibers, composition of the fibers or structure of the fibers (e.g. bilobal, trilobal, circular or elliptical-shaped). For purposes of examination, Examiner is interpreting the claim to refer to different fibers whether it be in composition, size or structure.
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.
Claims 1-4 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuchida et al., JPH04-352861.
Regarding claims 1-4, Tsuchida discloses a nonwoven fabric comprising long fibers A consisting of polymer component a1 and polymer component a2 [0007]. Paragraph 0008 discloses a single layer composed of only composite long fibers A. Paragraph 0012 discloses that the long fiber A fibers are melt-spun. Additionally, paragraph 0012 discloses combinations of polymer component a1 and a2 wherein the polymer components a1 and/or a2 may contain additives such as heat stabilizers and pigments [colorants].
Regarding claim 9, paragraph 0008 discloses that single layer 1 is joined with layers 2, 3 and 4.
Claims 1, 5 and 7-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morman et al., U.S. Pre Grant Publication 2003/0100238.
Regarding claims 1. 9-10, 12-13 and 19-21, Mormon discloses in paragraph 0054 a nonwoven material may be a single layer being a spunbonded web or a meltblown web. It is disclosed in paragraph 0044 that the fibers are formed of a polymer composition. Paragraph 0052 discloses that the polymer compositions can include polyolefins such as polyethylene and polypropylene, polyesters and polyamides. Paragraph 0053 discloses a multilayer material having at least one spunbonded web joined to at least one layer of a meltblown web or carded web. Paragraph 0055 discloses that composite is made of a mixture of two or more different fibers or a mixture of fibers and particulates. It is disclosed in paragraph 0025 that the nonwoven includes a central region and two edge regions. Paragraph 0029 discloses that the central region can include mixtures of polypropylene fibers with polyethylene fibers and polyethylene-polypropylene bicomponent fibers. Paragraphs 0042 and 0046 disclose crimped bicomponent fibers. Examiner is corresponding the edge regions as the outer surfaces of the nonwoven fabric.
Regarding claims 5, 7-8, 11, 15, and 17-18 paragraph 0042 discloses that the edge regions may be provided with crimped fibers and the central region may be provided with less crimped or not crimped fibers.
Regarding claim 14, paragraph 0052 discloses polyester fibers [biodegradable].
Regarding claim 16, paragraph 0056 discloses interfiber bonding of the fibers.
Regarding claim 22. paragraph 0042 discloses that the central region 11 may be provided with fibers at least 60% of which are not crimped, and the edge regions 13 and 15 may be provided with fibers at least 60% of which are crimped. Alternatively, the central region may be provided with fibers none of which are crimped, while the edge regions are provided with fibers at least 20% of which are crimped. Regardless of the percentages selected, the difference between the percentage of crimped fibers in the central region and the percentage of fibers in the two edge regions should be at least about 10%, desirably at least about 20%, with the higher percentage of crimped fibers existing in the edge regions thereby provide for a ratio of crimped fibers to a number of non-crimped or low crimping fibers within Applicant’s claimed range.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
