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 .
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 1-11 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.
In claim 1, it is not clear what is meant by “wherein the cellulosic fiber component and absorbent polymer resource fiber component combined together such that a large portion of fabric core have uniformly distributed conjugated bi-component”. The claimed structure is not clear. Additionally, conjugated and bi-component are terms of art which refer to a single fiber comprising two components, not to two fibers which are combined together in a single fabric. Also in claim 1, the limitation “the absorbent fiber preferably may have particulate polymer material discontinuously distributed on total fabric core”. Specifically, does this mean that the particulate polymer is distributed on the absorbent fiber or on the entirety of the fabric core.
In claim 4, it is not clear what is meant by “optimally conjugated”. As set forth above, a conjugated fiber is a single fiber with two components, such as a sheath core or side by side fiber, not two fibers in a fabric which are combined by needling. Also in claim 4, it is not clear how the particularly claimed absorbency is calculated.
In claim 5, it is not clear how the air permeability and bursting strength are calculated.
In claim 8, part (a), the use of “i.e.”, renders the scope of the claim indefinite because it is not clear if what follows “i.e.” is only exemplary or if the claim is limited to the particular material recited.
In claim 11, it is not clear how pet pads would differ from puppy pads, since puppies are pets.
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 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) 1-3, 6-7, 10-11 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Kettlewell et al, U.S. Patent Application Publication No. 2014/0257221.
Kettlewell discloses a nonwoven fabric formed from a blend of superabsorbent fibers and cellulose fibers such as cotton or cellulosic fibers. See paragraph 0023. Kettlewell discloses employing superabsorbent polymers formed from polyacrylates, polyvinyl alcohol, polyacrylamide, starch grafted polymers, carboxymethyl cellulose. See paragraph 0013-0021. The superabsorbent fibers are present in 30-90%. See paragraph 0028. The other fibers are present in amounts of 10-60%. See paragraph 0029. The fabric can be made by carding and needling the fibers to form a uniform structure. See paragraph 0033. The thus formed material can be used to form absorbent articles such as those claimed. See paragraph 0036-0037. Note that the particulate polymer material in claim 1 is an optional component and is not required to be present.
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) 1-11 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Kettlewell, et al, U.S. Patent Application Publication No. 2014/0257221.
Kettlewell discloses a nonwoven fabric formed from a blend of superabsorbent fibers and cellulose fibers such as cotton or cellulosic fibers. See paragraph 0023. Kettlewell discloses employing superabsorbent polymers formed from polyacrylates, polyvinyl alcohol, polyacrylamide, starch grafted polymers, carboxymethyl cellulose. See paragraph 0013-0021. The superabsorbent fibers are present in 30-90%. See paragraph 0028. The other fibers are present in amounts of 10-60%. See paragraph 0029. The fabric can be made by carding and needling the fibers to form a uniform structure. See paragraph 0033. The thus formed material can be used to form absorbent articles such as those claimed. See paragraph 0036-0037.
Kettlewell differs from the claimed invention because it does not disclose a particular absorbency, air permeability, bursting strength or the particular steps of opening bales, mixing , crosslapping, and drafting.
However, with regard to the particular absorbency, air permeability and bursting strength, since Kettlewell is drawn to forming an absorbent material, it would have been obvious to have selected particular fibers and fiber blends as taught by Kettlewell in order to provide the desired absorbency, air permeability and bursting strength. With regard to the process steps, it is noted that opening the bales, mixing the fibers are necessary steps to provide the webs and that crosslapping and drafting are well known steps in forming fabrics by carding in order to form the desired thickness and alignment of the fibers to be combined by needling. Note that the steps of claim 9 are recited as being optional, as is the presence of particulate polymer material in claim 1.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dodge, II et al, U.S. Patent Application Publication No. 2003/0114813. Dodge discloses a fabric comprising a mixture of superabsorbent fibers and natural fibers. The superabsorbent fibers are present in at least 49 percent and at most 90 percent. See paragraph 0004. The natural fibers can include cotton or rayon fibers which are present in amounts of 0-40 percent. See paragraph 0006. The fabric can also include particulate superabsorbent polymers. See paragraph 0008. Suitable superabsorbent fibers include fibers whose chemistries are based on acrylic acid, iso-butylene maleic anhydride, polyethylene oxide, polyvinyl pyrrolidone, carboxy methyl cellulose and poly vinyl alcohol. See paragraph 0036. The nonwoven can be formed by providing a carded web and lapping and then combining the webs. See paragraph 0041. Dodge does not disclose needling.
Schmitt et al, U.S. Patent Application Publication No. 2016/0206484. Schmitt discloses an absorbent articles which is formed from a combination of natural fibers such as cotton, hemp, flax, viscose as well as superabsorbent polymer fibers. See paragraph 0031. The fabric can be formed by needle punching. See paragraph 0031. Schmitt does not disclose the particularly claimed superabsorbent fibers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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