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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/048,380
`
`10/16/2020
`
`Ignatius A. Kadoma
`
`80615US006
`
`9173
`
`3M INNOVATIVE PROPERTIES COMPANY
`PO BOX 33427
`ST. PAUL, MN 55133-3427
`
`ZHANG, MICHAEL N
`
`ART UNIT
`
`1781
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/20/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`LegalUSDocketing@mmm.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-15 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 16 October 2020 is/are: a)¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)Z) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)X) All
`1.2 Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211214
`
`Application No.
`Applicant(s)
`17/048 380
`Kadoma etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MICHAEL ZHANG
`1781
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 16 October 2020.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/048,380
`Art Unit: 1781
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 103
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`2.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
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`3.
`
`Claims 1-7 and 15 are rejected under 35 U.S.C. as being unpatentable over Wongetal.
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`(US 2015/0337094).
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`4.
`
`Regarding Claim 1, Wong teaches a biodegradable layered composite or mulch film
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`(Abstract; Paragraph 0047) comprising a first nonwoven biodegradable layer having a first and
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`second major surface (Paragraph 0025) comprising a biodegradable polymeric melt-blown
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`fibers (Paragraph 0024, 0031) with a filler of starch or calcium carbonate, which would qualify
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`as particles enmeshed in the biodegradable fibers as the it would obvious to one with ordinary
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`skill in the art that the particles of calcium carbonate would be physically held by the fibers,
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`(Paragraph 0038) and a biodegradable polymer film on a portion ofthe first major surface of
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`the first nonwoven biodegradable layer. (Paragraph 0026).
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`5.
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`Regarding Claim 2, Wong teaches the layers can fully cover each other. (Examples;
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`Paragraph 0038-0054). Thus, this overlaps the claimed range ofat least 25%.
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`

`

`Application/Control Number: 17/048,380
`Art Unit: 1781
`
`Page 3
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`6.
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`Regarding Claim 3 and 4, Wongteaches the film and fibers comprises polylactide or
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`polybutylene succinate (Paragraph 0054).
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`7.
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`Regarding Claim 5, Wongteaches the filler can be calcium carbonate, which can be
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`considered agriculture waste. Calcium carbonateis used as feed additive and fertilizer.
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`(Paragraph 0038)
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`8.
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`Regarding Claim 6, Wongteachersthe filler can comprise 5 to 60% of the composite
`
`layers, which means the compositeitself has the same weight rage. (Paragraph 0038-0040).
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`This overlaps the claimed rangeof 1 to 85 wt%.
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`9.
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`Regarding Claim 7, Wong teaches the nonwoven fabric can comprise SMS structure or
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`spunbound/meltblown/spunbound (Paragraph 0024). This means a second nonwoven
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`biodegradable layer comprising spunbound fibers are on the second major surface of the first
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`nonwoven biodegradable layer.
`
`
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`10. Regarding Claim 15, Wong teaches this types of material can be stored asaroll.
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`(Paragraph 0061). Thus, it would have been obvious to stores the composite as a roll.
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`11.
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`Claim 2 and 11 -14 are rejected under 35 U.S.C. 103 for being unpatentable over Wong
`
`in view of Merill et al. (US 3,080,681).
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`12.
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`Regarding Claim 2, 11, and 13, Wong teaches the composite has a length and width, as
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`is a three-dimensional object.
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`13.
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`Wong does notspecifically teach the claimed coverage range, the film having openings
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`or the film is in the form of sections along the length of the biodegradable layer with areas
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`between sections free of the film.
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`

`

`Application/Control Number: 17/048,380
`Art Unit: 1781
`
`Page 4
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`14.
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`Merill teaches a weed barrier sheet, akin to a mulching sheet, comprising a nonwoven
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`layer and a film layer on top. (Fig. 1-4, 6; Abstract; Claim 1 of Merill). Merill teaches the film has
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`a plurality of openings/film being in sections along the length of the composite with film-free
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`sections on the composite and the film still covers at least 25% of the nonwoven. (Fig 1-4, 6).
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`Merill teaches this allows for seeds to be placed in a specific order within the nonwoven layer
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`and be fully protected by weeds, which allows for more production . (Column 1- 2). Thus,it
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`would have been obvious to one with ordinary skill in the art to add openings into the film of
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`Wong toallow for easier and better production of desired plants.
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`15.
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`Regarding Claim 12 and 14, Wong and Merill do not specifically teach the opening area
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`or the spacing (openings) in the film. However, Merill teaches these openings/spacing between
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`sections are present to place seeds to grow plants. (Column 1-2; Fig. 4). One with ordinaryskill
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`in the art in gardening/planting knowsthat plants have optimal spacing requirements between
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`seeds to ensure proper growth. In other words, the opening area and spacing offilm sections
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`could have been optimized through routine experimentation to a person with ordinary skill in
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`the art. Since the seed spacing is an important part of the design of a mulching sheet, the
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`calculation of a workable or optimum opening area or spacing, a results effective variable, to
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`obtain a mulch sheet that could grow certain plants, is well within the skill of one with ordinary
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`skill in the art. (MPEP §2144.05, IIB).
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`16.
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`Thus, it would have been obvious to one with ordinaryskill in the art to reach the
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`claimed opening area and section spacing ranges in the claimed invention, as taught by Merill.
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`

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`Application/Control Number: 17/048,380
`Art Unit: 1781
`
`Page 5
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`17.
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`Claim 8 is rejected under 35 U.S.C. 103 for being unpatentable over Wongin view of
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`Labbeet al. (US 6,401,390)
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`18.
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`19.
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`Regarding Claim 8, Wong does not teach the basis weight of the composite.
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`Labbe teaches a mulching sheet (Abstract) comprising a biodegradable fiber material
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`and a biodegradable film coated on the fiber material. (Claim 1 of Labbe). Labbe teaches the
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`composite could have a basis weight of 50-150 g/m2. (Claim 10 of Labbe). This overlaps the
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`claimed range of 60 to 300 g/m2. Labbe teaches the basis weightis directly related to the
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`biodegradability (lifetime) of the film. (Column 2, Lines 27-35). Thus, it would have been
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`obvious to one with ordinary skill in the art at the time of invention to use the claimed range
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`taught by Labbe for the composite and optimize the basis weight within the claimed range
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`depending on how long the mulching sheet is supposed to last outdoors.
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`20.
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`Claim 9 is rejected under 35 U.S.C. 103 for being unpatentable over Wongin view of
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`Ehretet al. (US 5,783,504).
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`21.
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`Regarding Claim 9, Wong does notspecifically teach the thickness of the nonwoven
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`layer.
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`22.
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`Ehret teaches a mulch sheet formed of a nonwoven/film biodegradable polymer
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`composite (Title; Abstract). Ehret teaches the nonwoven portion should have thickness of 0.01
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`to 0.10 mm. (Column 6, Lines 25-31). This overlaps the claimed range of 10 to 3000 microns.
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`Ehret teaches the thickness can be adjusted dependingthe lifetime of the film. Thus, it would
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`have been obvious to one with ordinaryskill in the art at the time of invention to use the
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`

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`Application/Control Number: 17/048,380
`Art Unit: 1781
`
`Page 6
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`claimed range taught by Ehret for the nonwoven and optimize the thickness within the claimed
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`range depending on how long the mulching sheet is supposed to last outdoors.
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`23.
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`Claim 10 is rejected under 35 U.S.C. 103 for being unpatentable over Wongin view of
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`Spittle (US 6,360,478).
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`24.
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`25.
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`Regarding Claim 10, Wong does not teach the moisture uptake of the composite.
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`Spittle teaches biodegradable mulch (Abstract), where absorbentparticles are added to
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`the mulch. (Column 2). Spittle teaches controlling water absorption allows for even hydration
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`to the seeds planted in the mulch. (Column 2). Thus, it would have been obvious to one with
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`ordinaryskill in the art to adjust the moisture uptake of the composite to reach a desired
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`moisture level to maximize hydration for the seeds that are being planted within the mulch,
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`including those ranges currently claimed.
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`Correspondence
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MICHAEL ZHANG whosetelephone number is (571)270-0358.
`
`The examiner can normally be reached Monday through Friday: 7:00am-4:00pm.
`
`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.
`
`

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`Application/Control Number: 17/048,380
`Art Unit: 1781
`
`Page 7
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, FRANK VINEIS can be reached on (571)270-1547. The fax phone number for the
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`organization wherethis application or proceeding is assigned is 571-273-8300.
`
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`
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`Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Michael Zhang/
`Primary Examiner, Art Unit 1781
`
`