Obviousness

Obviousness Analysis of US Patent 9982388 under 35 U.S.C. § 103

This analysis assesses the obviousness of US Patent 9982388 ("the '388 patent") by identifying combinations of prior art references that would render the claimed subject matter obvious to a person having ordinary skill in the art (POSITA) as of the filing date (2015-08-13). The '388 patent itself provides explicit motivations for modifications to existing fabric designs.

Background

The '388 patent relates to a fabric for a machine to produce a fiber web, specifically addressing the problem of insufficient void volume in existing two-ply base fabric designs. The patent states: "Unfortunately, in some important applications, the two ply designs as described in U.S. Pat. No. 8,043,477 B2 and WO 2009/106182 or in U.S. Pat. No. 8,353,252 B1 and 2013/083468 do not provide enough void volume to guarantee sufficient dewatering properties." The proposed solution is the addition of "one or more sheet plies" to provide "additional void volume to the fabric."

Independent Claim 1 Analysis

Claim 1 of US9982388 describes:

1. A fabric for a machine for producing a fiber web, comprising:
   • a flat woven base material having a top side and a bottom side, two terminal ends separated from one another in a machine direction;
   • said flat woven base material being folded in two folded layers with folds being separated from one another in the machine direction and defining an inside between the two folded layers and an outside;
   • said two terminal ends being located under the bottom side surface and said two terminal ends being adjacent one another or overlapping one another, and wherein seam loops are located at said folds; and
   • one or more sheet plies, wherein:
     • all of said sheet plies are disposed outside said folded layers; and
     • one, some or all of the sheet plies consist of or comprise a woven material or a non-woven component selected from the group consisting of a polymer film, a foam layer, a knitted structure and a warp-knit structure.

Primary Reference: US8043477B2

The core structure of the fabric, as described in the preamble and the first three bullet points of Claim 1, is explicitly acknowledged in the '388 patent as prior art. The '388 patent states, "it is known, for example from commonly assigned U.S. Pat. No. 8,043,477 B2 and its counterpart WO 2009/106182 to use a simple, flat woven material and to fold it in order to produce a two ply base structure with seam loops for a seamable fabric."

Therefore, US8043477B2 (and its corresponding publication US20090211722A1) serves as a primary reference that teaches:

• A fabric for a machine to produce a fiber web.
• A flat woven base material with a top side and a bottom side, and two terminal ends separated in a machine direction.
• The flat woven base material folded in two layers with folds separated in the machine direction, defining an inside and an outside.
• The two terminal ends being located under the bottom side surface and being adjacent or overlapping.
• Seam loops located at the folds.

Distinguishing Features and Motivation to Combine

The distinguishing features of Claim 1 over US8043477B2 are the inclusion of "one or more sheet plies," where "all of said sheet plies are disposed outside said folded layers," and the specification of the sheet ply materials (woven or various non-woven components).

Motivation to Add Sheet Plies:
The '388 patent itself provides the clear motivation for adding sheet plies: "Unfortunately, in some important applications, the two ply designs as described in U.S. Pat. No. 8,043,477 B2... do not provide enough void volume to guarantee sufficient dewatering properties." To overcome this, the patent proposes that "by adding additional sheet-like plies to enlarge the void volume of the fabric, the base weave does not have to provide so much void volume." A POSITA, facing the problem of insufficient void volume in the fabric of US8043477B2, would have been motivated to add additional layers to improve dewatering and void volume.

Combination 1: US8043477B2 and WO1989012717A1

1. US8043477B2 teaches the core folded base fabric structure with seam loops.
2. WO1989012717A1 (Scapa Group Plc) discloses "multi-layer fabric[s]" for papermaking machines comprising "at least two separate woven structures which are coupled together to form a multi-layer fabric." This reference teaches the concept of incorporating additional woven layers (sheet plies) into papermaking fabrics to achieve desired properties.
3. Motivation for combination: A POSITA seeking to enhance the void volume and dewatering capabilities of the fabric taught by US8043477B2, as prompted by the problem identified in the '388 patent, would find it obvious to add one or more additional woven sheet plies, as taught by WO1989012717A1, to the base structure.
4. Placement "all outside": The '388 patent acknowledges that "Depending on the application of the fabric, it may be favorable to position all of the sheet-like plies in the inside or all of the sheet-like plies on the outside." This demonstrates that positioning all added plies on the outside was a known and favorable design choice depending on the desired performance, such as improved surface dewatering or interaction with the fiber web. A POSITA would readily understand that placing plies on the outside could directly influence dewatering performance and surface characteristics.
5. Material of plies: WO1989012717A1 explicitly describes "woven structures," satisfying the "woven material" option for the sheet plies in Claim 1.

Therefore, the combination of US8043477B2 and WO1989012717A1, driven by the motivation to improve void volume and dewatering, would render Claim 1 obvious.

Combination 2: US8043477B2 and US20160069022A1

1. US8043477B2 teaches the core folded base fabric structure with seam loops.
2. US20160069022A1 (Astenjohnson, Inc.) describes a "seamed press felt including an elastic carrier layer connected to a woven base structure." This "elastic carrier layer" functions as an additional ply designed to modify the felt's properties.
3. Motivation for combination: A POSITA, seeking to enhance the performance, such as void volume or dewatering, of the fabric taught by US8043477B2, would be motivated to incorporate such an additional "carrier layer" (sheet ply) as taught by US20160069022A1. The '388 patent itself recognizes that non-woven components "can also be easily produced or purchased and may be used to adapt the properties of the fabric to the actual needs."
4. Placement "all outside": As noted above, the '388 patent confirms that positioning all sheet plies on the outside is a "favorable" design choice depending on the application. A POSITA would reasonably place such an elastic carrier layer on the outside of the folded base fabric of US8043477B2 to achieve desired functional improvements, such as influencing the dewatering process or supporting other layers.
5. Material of plies: The "elastic carrier layer" of US20160069022A1 could represent a non-woven component such as a polymer film or foam layer, which are explicitly listed as options for the sheet plies in Claim 1. The selection of these known non-woven materials for adapting fabric properties would be within the ordinary skill of the art.

Therefore, the combination of US8043477B2 and US20160069022A1, with the motivation to improve void volume and adapt fabric properties, would also render Claim 1 obvious.

Independent Claim 15 Analysis

Claim 15 of US9982388 describes:

1. A method for producing a fiber web, providing a web-producing machine with at least one fabric according to claim 1.

If the fabric described in Claim 1 is deemed obvious by combining the prior art as explained above, then the method of simply using that obvious fabric in a web-producing machine for its intended purpose (producing a fiber web) would also be obvious. The '388 patent describes this method as "Another aspect of the present invention" which "uses at least one fabric as described." This method claim merely applies the obvious fabric in its conventional use and does not introduce any additional inventive step.

Conclusion

Based on the analysis, a person having ordinary skill in the art would have been motivated to combine the teachings of US8043477B2 with either WO1989012717A1 or US20160069022A1 to address the known problem of insufficient void volume in prior art folded base fabrics. The explicit statement in the '388 patent regarding the problem and its solution, coupled with the acknowledgment that placing plies on the outside is a "favorable" configuration and that various woven and non-woven materials are known for adapting fabric properties, demonstrates the obviousness of Claim 1. Consequently, Claim 15, which describes using the obvious fabric, would also be obvious.