DETAILED ACTION
This action is in response to the amendment filed 4/17/2026. Currently, claims 13, 15-23 and 25 are pending in the application. Claims 1-12, 14 and 24 are cancelled by Applicant.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant's arguments filed 4/17/2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Hammons et al. fails to teach a plurality of small needle holes, the examiner respectfully disagrees. As detailed below, the openings 4 of Hammons et al. can be considered to be “needle” holes inasmuch as the openings 4 are shown in Figures 1-3 to be slender and similar to the tip of, or as if punctured by, a needle.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the small needle holes have linear openings) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Objections
Claim 13 is objected to because of the following informalities: claim 13 recites “small needle holes,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: claim 20 recites “needle-punching a plurality of small holes,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim 25 is objected to because of the following informalities: claim 25 recites “the absorbent fiber material is needle-punched into and/or through the wicking material,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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) 13, 15, 17-19, 23 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammons et al. (US 7,910,195 B2) in view of Stapf (US 2003/0120194 A1).
In regards to claim 13, Hammons et al. teaches in Figures 1 and 2, column 3, lines 36-37, columns 3-4, lines 63-2, column 4, lines 5-10 and 32, column 7, lines 51-52 and column 16, lines 16-18 a first layer (second precursor web 21) of a wicking material (second precursor web 21; column 16, lines 16-18 teaches that fluid can be “wicked through second precursor web 21”) and a second layer (first precursor web 20) of an absorbent fiber material (first precursor web 20; columns 3-4, lines 63-2 teaches “first precursor web 20 is a relatively hydrophilic nonwoven web” and “for all nonwoven webs, the hydrophobicity or hydrophilicity can be achieved by use of fibers;” a hydrophilic material is an absorbent material; column 4, line 32 teaches “constituent fibers of nonwoven precursor web 20”), wherein the wicking material (second precursor web 21) and the absorbent fiber material (first precursor web 20) are bonded together by an adhesive to form bonded layers (column 3, lines 36-37 teaches “precursor webs 20 and 21 (and any additional webs) can be joined by adhesive”); the wicking material (second precursor web 21) has a plurality of small needle holes (openings 4; can be considered to be “needle” holes inasmuch as the openings 4 are shown in Figures 1-3 to be slender and similar to the tip of, or as if punctured by, a needle) extending through (as shown in Figure 2; column 7, lines 51-52 teaches “openings 4 in second precursor web 21”) the wicking material (second precursor web 21); and the fibers (column 4, lines 5-7 teaches “discrete tufts 6 which are integral extensions of the fibers of at least first precursor web 20”) of the absorbent fiber material (first precursor web 20) penetrate through (as shown in Figures 1 and 2; column 4, lines 8-10 teaches “each tuft 6 can comprise a plurality of looped, aligned fibers 8 extending through second precursor web 21;” column 7, lines 51-52 teaches “tufts 6 can extend through openings 4 in second precursor web 21”) the plurality of small needle holes (openings 4; can be considered to be “needle” holes inasmuch as the openings 4 are shown in Figures 1-3 to be slender and similar to the tip of, or as if punctured by, a needle) in the wicking material (second precursor web 21) such that at least some of the fibers of the absorbent fiber material (first precursor web 20) extend from (as shown in Figures 1 and 2) a non-wound facing surface (bottom surface of second precursor web 21) of the wicking material (second precursor web 21) to (as shown in Figures 1 and 2) a wound facing surface (top surface of second precursor web 21) of the wicking material (second precursor web 21) and are thus exposed on (as shown in Figures 1 and 2) the wound facing surface (top surface of second precursor web 21) of the wicking material (second precursor web 21).
Hammons et al. does not teach that the wicking material is in the form of a foam.
However, Stapf teaches in [0036] an analogous device wherein the wicking material (support member 110) is in the form of a foam ([0036] teaches “support member 110 is preferably made of a foam material, preferably an absorbent foam” and “an example of a suitable absorbent foam is a naturally open-celled polyurethane foam that is selected to have favorable characteristics of liquid absorbency, wicking, and resevoiring”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the wicking material of Hammons et al. to be in the form of a foam as taught by Stapf because this element is known “to have favorable characteristics of liquid absorbency, wicking, and resevoiring,” as Stapf teaches in [0036].
In regards to claim 15, Hammons et al. and Stapf teach the apparatus of claim 13. Hammons et al. teaches in column 4, lines 32-33 that the absorbent fiber material (first precursor web 20) comprises a polymeric material (column 4, lines 32-33 teaches “the constituent fibers of nonwoven precursor web 20 or 21 can be comprised of polymers”).
In regards to claim 17, Hammons et al. and Stapf teach the apparatus of claim 13. Hammons et al. teaches in column 4, line 32 that the absorbent fiber material (first precursor web 20) forms a non-woven layer (column 4, line 32 teaches “nonwoven precursor web 20 or 21”).
In regards to claims 18 and 19, Hammons et al. and Stapf teach the apparatus of claim 13. Hammons et al. teaches in column 15, lines 18-20 that the wicking material (second precursor web 21) comprises either a hydrophilic or hydrophobic material (column 15, lines 18-20 teaches “second precursor web 21 can be comprised of relatively hydrophobic fibers”); wherein the hydrophilic material is selected from polyurethane foams, and the hydrophobic material is selected from polyethylene foams (Applicant should note that the hydrophilic material is not required by the claim(s)).
In regards to claim 23, Hammons et al. teaches in Figures 1 and 2, column 1, lines 26-29, column 2, lines 19-22, column 3, lines 36-37, columns 3-4, lines 63-2, column 4, lines 5-10 and 32, column 7, lines 17-19 and 51-52 and column 16, lines 16-18 a first layer (second precursor web 21) of a wicking material (second precursor web 21; column 16, lines 16-18 teaches that fluid can be “wicked through second precursor web 21”) and a second layer (first precursor web 20) of an absorbent fiber material (first precursor web 20; columns 3-4, lines 63-2 teaches “first precursor web 20 is a relatively hydrophilic nonwoven web” and “for all nonwoven webs, the hydrophobicity or hydrophilicity can be achieved by use of fibers;” a hydrophilic material is an absorbent material; column 4, line 32 teaches “constituent fibers of nonwoven precursor web 20”), whereby the absorbent fiber material (first precursor web 20) is punched into and/or through (as shown in Figures 1 and 2; column 4, lines 8-10 teaches “each tuft 6 can comprise a plurality of looped, aligned fibers 8 extending through second precursor web 21;” column 7, lines 17-19 teaches “portions of first precursor web 20 can extend through, (i.e., ‘punch through’ so to speak), second precursor web 21;” column 7, lines 51-52 teaches “tufts 6 can extend through openings 4 in second precursor web 21”) the wicking material (second precursor web 21), and the fibers (column 4, lines 5-7 teaches “discrete tufts 6 which are integral extensions of the fibers of at least first precursor web 20”) of the absorbent fiber material (first precursor web 20) penetrate through (as shown in Figures 1 and 2; column 4, lines 8-10 teaches “each tuft 6 can comprise a plurality of looped, aligned fibers 8 extending through second precursor web 21;” column 7, lines 17-19 teaches “portions of first precursor web 20 can extend through, (i.e., ‘punch through’ so to speak), second precursor web 21;” column 7, lines 51-52 teaches “tufts 6 can extend through openings 4 in second precursor web 21”) the wicking material (second precursor web 21) such that some of the fibers of the absorbent fiber material (first precursor web 20) extend from (as shown in Figures 1 and 2) a non-wound facing surface (bottom surface of second precursor web 21) of the wicking material (second precursor web 21) to (as shown in Figures 1 and 2) a wound facing surface (top surface of second precursor web 21) of the wicking material (second precursor web 21) and are thus exposed on (as shown in Figures 1 and 2) the wound facing surface (top surface of second precursor web 21) of the wicking material (second precursor web 21), and wherein the wicking material (second precursor web 21) and the absorbent fiber material (first precursor web 20) are bonded together by an adhesive to form bonded layers (column 3, lines 36-37 teaches “precursor webs 20 and 21 (and any additional webs) can be joined by adhesive”) in absorbing fluid discharged from a physiological target (column 2, lines 21-22 teaches “the present invention comprises a sanitary napkin intended to be used as a menstrual pad”), or in stemming a flow of a fluid discharged from a physiological target site, the use comprising applying the wound dressing composition to the wound site (column 2, lines 19-20 teaches “the present invention can be utilized in any of known disposable absorbent products;” column 1, lines 26-29 teaches “disposable absorbent articles such as baby diapers, adult incontinence products, sanitary napkins, pantiliners, hemorrhoid treatment pads, bandages, and the like are well known in the art;” bandages are understood to be wounds dressings that are applied to wound sites).
Hammons et al. does not teach that the wicking material is in the form of a foam.
However, Stapf teaches in [0036] an analogous device wherein the wicking material (support member 110) is in the form of a foam ([0036] teaches “support member 110 is preferably made of a foam material, preferably an absorbent foam” and “an example of a suitable absorbent foam is a naturally open-celled polyurethane foam that is selected to have favorable characteristics of liquid absorbency, wicking, and resevoiring”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the wicking material of Hammons et al. to be in the form of a foam as taught by Stapf because this element is known “to have favorable characteristics of liquid absorbency, wicking, and resevoiring,” as Stapf teaches in [0036].
In regards to claim 25, Hammons et al. teaches in Figures 1 and 2, column 3, lines 36-37, columns 3-4, lines 63-2, column 4, lines 5-10 and 32, column 7, lines 17-19 and 51-52 and column 16, lines 16-18 a first layer (second precursor web 21) of a wicking material (second precursor web 21; column 16, lines 16-18 teaches that fluid can be “wicked through second precursor web 21”) and a second layer (first precursor web 20) of an absorbent fiber material (first precursor web 20; columns 3-4, lines 63-2 teaches “first precursor web 20 is a relatively hydrophilic nonwoven web” and “for all nonwoven webs, the hydrophobicity or hydrophilicity can be achieved by use of fibers;” a hydrophilic material is an absorbent material; column 4, line 32 teaches “constituent fibers of nonwoven precursor web 20”), whereby the absorbent fiber material (first precursor web 20) is punched into and/or through (as shown in Figures 1 and 2; column 4, lines 8-10 teaches “each tuft 6 can comprise a plurality of looped, aligned fibers 8 extending through second precursor web 21;” column 7, lines 17-19 teaches “portions of first precursor web 20 can extend through, (i.e., ‘punch through’ so to speak), second precursor web 21;” column 7, lines 51-52 teaches “tufts 6 can extend through openings 4 in second precursor web 21”) the wicking material (second precursor web 21), and the fibers (column 4, lines 5-7 teaches “discrete tufts 6 which are integral extensions of the fibers of at least first precursor web 20”) of the absorbent fiber material (first precursor web 20) penetrate through (as shown in Figures 1 and 2; column 4, lines 8-10 teaches “each tuft 6 can comprise a plurality of looped, aligned fibers 8 extending through second precursor web 21;” column 7, lines 17-19 teaches “portions of first precursor web 20 can extend through, (i.e., ‘punch through’ so to speak), second precursor web 21;” column 7, lines 51-52 teaches “tufts 6 can extend through openings 4 in second precursor web 21”) the wicking material (second precursor web 21) such that some of the fibers of the absorbent fiber material (first precursor web 20) extend from (as shown in Figures 1 and 2) a non-wound facing surface (bottom surface of second precursor web 21) of the wicking material (second precursor web 21) to (as shown in Figures 1 and 2) a wound facing surface (top surface of second precursor web 21) of the wicking material (second precursor web 21) and are thus exposed on (as shown in Figures 1 and 2) the wound facing surface (top surface of second precursor web 21) of the wicking material (second precursor web 21), and wherein the wicking material (second precursor web 21) and the absorbent fiber material (first precursor web 20) are bonded together by an adhesive to form bonded layers (column 3, lines 36-37 teaches “precursor webs 20 and 21 (and any additional webs) can be joined by adhesive”).
Hammons et al. does not teach that the wicking material is in the form of a foam.
However, Stapf teaches in [0036] an analogous device wherein the wicking material (support member 110) is in the form of a foam ([0036] teaches “support member 110 is preferably made of a foam material, preferably an absorbent foam” and “an example of a suitable absorbent foam is a naturally open-celled polyurethane foam that is selected to have favorable characteristics of liquid absorbency, wicking, and resevoiring”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the wicking material of Hammons et al. to be in the form of a foam as taught by Stapf because this element is known “to have favorable characteristics of liquid absorbency, wicking, and resevoiring,” as Stapf teaches in [0036].
Claim 25 limitation “needle-punched” is a product-by-process claim limitation. “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammons et al. (US 7,910,195 B2), in view of Stapf (US 2003/0120194 A1) and further in view of LIN (US 2019/0030225 A1).
In regards to claim 16, Hammons et al. and Stapf teach the apparatus of claims 13 and 15. Hammons et al. and Stapf do not teach that the polymeric material is selected from poly(vinyl alcohol) (PVA), polyethylene oxide (PEO) and polyacrylic acid.
However, LIN teaches in [0043] an analogous device wherein the polymeric material is selected from poly(vinyl alcohol) (PVA), polyethylene oxide (PEO) and polyacrylic acid ([0043] teaches “pad, as used herein, may include a range of absorbent materials that absorb exudate including open-cell foam composed, for example, of polyvinyl alcohol (PVA), polyurethane or other polymer foam”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the polymeric material of Hammons et al. as modified by Stapf to be poly(vinyl alcohol) (PVA) as taught by LIN because this element is known in the art to be a suitable absorbent polymer material for absorbing exudate, as LIN teaches in [0043].
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammons et al. (US 7,910,195 B2), in view of LIN (US 2019/0030225 A1) and further in view of Roe et al. (US 9,974,424 B2).
In regards to claim 20, Hammons et al. teaches in Figures 1 and 2, column 3, lines 30-37, columns 3-4, lines 63-2, column 4, lines 5-10 and 32, column 7, lines 17-19 and 51-52 and column 16, lines 16-18 the steps of: (a) providing (column 3, lines 30-33 teaches “Web 1 can comprise one layer, but in a preferred embodiment comprises at least two layers. The layers are referred to herein as generally planar, two-dimensional precursor webs, such as first precursor web 20 and second precursor web 21.”) a layer of a wicking material (second precursor web 21; column 16, lines 16-18 teaches that fluid can be “wicked through second precursor web 21”) and a layer of an absorbent fiber material (first precursor web 20; columns 3-4, lines 63-2 teaches “first precursor web 20 is a relatively hydrophilic nonwoven web” and “for all nonwoven webs, the hydrophobicity or hydrophilicity can be achieved by use of fibers;” a hydrophilic material is an absorbent material; column 4, line 32 teaches “constituent fibers of nonwoven precursor web 20”); (b) attaching the layer of wicking material (second precursor web 21) to the layer of absorbent fiber material (first precursor web 20) by an adhesive to form bonded layers (column 3, lines 36-37 teaches “precursor webs 20 and 21 (and any additional webs) can be joined by adhesive”); and (c) punching (as shown in Figures 1 and 2; column 4, lines 8-10 teaches “each tuft 6 can comprise a plurality of looped, aligned fibers 8 extending through second precursor web 21;” column 7, lines 17-19 teaches “portions of first precursor web 20 can extend through, (i.e., ‘punch through’ so to speak), second precursor web 21;” column 7, lines 51-52 teaches “tufts 6 can extend through openings 4 in second precursor web 21”) a plurality of small holes (openings 4) in the bonded (column 3, lines 36-37 teaches “precursor webs 20 and 21 (and any additional webs) can be joined by adhesive”) layers (precursor webs 20 and 21), whereby the absorbent fiber material (first precursor web 20) is punched through (as shown in Figures 1 and 2; column 4, lines 8-10 teaches “each tuft 6 can comprise a plurality of looped, aligned fibers 8 extending through second precursor web 21;” column 7, lines 17-19 teaches “portions of first precursor web 20 can extend through, (i.e., ‘punch through’ so to speak), second precursor web 21;” column 7, lines 51-52 teaches “tufts 6 can extend through openings 4 in second precursor web 21”) the layer of wicking material (second precursor web 21), and the fibers (column 4, lines 5-7 teaches “discrete tufts 6 which are integral extensions of the fibers of at least first precursor web 20”) of the absorbent fiber material (first precursor web 20) penetrate through (as shown in Figures 1 and 2; column 4, lines 8-10 teaches “each tuft 6 can comprise a plurality of looped, aligned fibers 8 extending through second precursor web 21;” column 7, lines 17-19 teaches “portions of first precursor web 20 can extend through, (i.e., ‘punch through’ so to speak), second precursor web 21;” column 7, lines 51-52 teaches “tufts 6 can extend through openings 4 in second precursor web 21”) the plurality of small holes (openings 4) such that at least some of the fibers of the absorbent fiber material (first precursor web 20) extend from (as shown in Figures 1 and 2) a non-wound facing surface (bottom surface of second precursor web 21) of the wicking material (second precursor web 21) to (as shown in Figures 1 and 2) a wound facing surface (top surface of second precursor web 21) of the wicking material (second precursor web 21) and are thus exposed on (as shown in Figures 1 and 2) the wound facing surface (top surface of second precursor web 21) of the wicking material (second precursor web 21)
Hammons et al. does not teach that the absorbent material is in the form of a foam; and the punching being needle-punching.
However, LIN teaches in [0043] an analogous device wherein the absorbent material is in the form of a foam ([0043] teaches “pad, as used herein, may include a range of absorbent materials that absorb exudate including open-cell foam composed, for example, of polyvinyl alcohol (PVA), polyurethane or other polymer foam”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the method of Hammons et al. to include that the absorbent material is in the form of a foam as taught by LIN because this element is known in the art to be a suitable absorbent material for absorbing exudate, as LIN teaches in [0043].
Hammons et al. and LIN do not teach the punching being needle-punching.
However, Roe et al. teaches in Figures 1 and 2, column 4, lines 58-59 and column 18, lines 19-29 an analogous method with the punching being needle-punching (column 4, lines 58-59 teaches “as used herein, the term ‘aperture’, refers to a hole. The apertures can either be punched;” column 18, lines 19-29 teaches that the device can be formed via “needle punching”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the method of Hammons et al. as modified by LIN to include the punching being needle-punching as taught by Roe et al. because this element is a nonwoven manufacturing technique known in the art, as Roe et al. teaches in column 18, lines 19-29.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammons et al. (US 7,910,195 B2), in view of LIN (US 2019/0030225 A1), in view of Roe et al. (US 9,974,424 B2) and further in view of Suzuki et al. (US 4,969,970).
In regards to claim 21, Hammons et al., LIN and Roe et al. teach the method of claim 20. Hammons et al. and LIN do not teach that the layer are bonded using a heat meltable adhesive.
However, Suzuki et al. teaches in column 8, lines 9-17 an analogous method wherein the first layer and the second layer (“continuous backsheet” and “foam sheet” layers) are bonded (taught to be “joined integrally”) using a heat meltable adhesive (“adhesive of hot melt type”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the method of Hammons et al. as modified by LIN and Roe et al. to include that the layer of a wicking material and the layer of an absorbent material are bonded using a heat meltable adhesive as taught by Suzuki et al. because this element is known to more securely integrally join the layers to form a continuous composite sheet, as Suzuki et al. teaches in column 8, lines 9-17.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammons et al. (US 7,910,195 B2), in view of LIN (US 2019/0030225 A1), in view of Roe et al. (US 9,974,424 B2) and further in view of Cree et al. (US 2004/0161586 A1).
In regards to claim 22, Hammons et al., LIN and Roe et al. teach the method of claim 20. Hammons et al. and LIN do not teach that the plurality of holes are punched in the bonded layers using a roller having a plurality of needles thereon.
However, Cree et al. teaches in Figures 9 and 10 and [0026] and analogous method wherein the plurality of holes (macro-apertures 18) are punched (“puncturing,” using heated pins 20; see [0026]) in the bonded layers (composite material 36 formed by the bonding of second material 34 to film layer 14) using a roller (drum 24) having a plurality of needles (heated pins 20) thereon (as shown in Figure 9).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the method of Hammons et al. as modified by LIN and Roe et al. to include that the plurality of holes are punched in the bonded layers using a roller having a plurality of needles thereon as taught by Cree et al. because this step is known to provide a composite material having the plurality of holes therein, as Cree et al. teaches in [0026].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA H FISHER whose telephone number is (571)270-7033. The examiner can normally be reached M-TH 6:00AM-4:00PM EST.
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 4/29/2026
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