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 § 102
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.
Claims 1-3, 5, 7-8, 11-14, 16 and 18-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Willhaus et al (US 2017/0079858).
With reference to claim 1, Willhaus et al. (hereinafter “Willhaus”) discloses an absorbent article (abstract) comprising a liquid pervious topsheet (24), a liquid impervious backsheet (25), and an absorbent core (28) positioned between the liquid pervious topsheet and the liquid impervious backsheet [0007-0009];
said absorbent article having a first and second longitudinal edge and a first and second transverse edge (figure 1);
wherein the absorbent core comprises a bottom core wrap sheet (16’),
absorbent material (60), and
a liquid management structure (16),
wherein the absorbent material is positioned directly between the bottom core wrap sheet and the liquid management structure (figures 4a-4b); and
wherein the liquid management structure (16) covers at least a surface portion of the absorbent material and comprises at least one channel portion (27) forming at least one channel zone in the absorbent core ( figures 4a and 4b), wherein the liquid management structure has a grammage of at least 20 g/m2 as set forth in [0090] where Willhaus incorporates Kirby et al. (US 2014/0121623). It is noted that Willhaus recognizes that the core wrap may be formed entirely by layers having an additional function, including an acquisition layer as set forth in [0042].
Kirby et al. (hereinafter “Kirby”) discloses the fluid transfer layer having a grammage of at least 20 g/m2 as set forth in [0114].
As to claim 2, Willhaus discloses an absorbent article wherein any one of the following conditions or any combination thereof is fulfilled at the at least one channel zone: less absorbent material is present as compared to other regions of the absorbent core, substantially no absorbent material is present, the liquid management structure is attached to the bottom core wrap sheet as shown in figures 4a-4b.
Regarding claim 3, Willhaus discloses an absorbent article wherein the at least one channel portion is a connecting portion, which is attached to the bottom core wrap sheet, and wherein the at least one channel zone is an attachment zone where the liquid management structure is attached to the bottom core wrap sheet as set forth in [0078].
With reference to claim 5, Willhaus discloses an absorbent article wherein the liquid management structure is essentially free of spunbond nonwoven material as set forth in [0042].
Regarding claim 7, Willhaus discloses an absorbent article wherein the liquid management structure is in contact with an upper surface portion of the absorbent material as shown in figures 4a-4b.
With respect to claim 8, Willhaus discloses an absorbent article wherein the liquid management structure extends over substantially an entire upper surface of the absorbent material as shown in figures 4a-4b.
As to claim 11, Willhaus discloses an absorbent article wherein the at least one channel zone, in particular the at least one attachment zone is formed by heat-sealing the at least one portion of the liquid management structure to the bottom core wrap sheet as set forth in [0078].
With reference to claim 12, Willhaus discloses an absorbent article wherein the liquid management structure comprises a liquid acquisition layer and/or a liquid distribution layer (54) as set forth in figure 1.
Regarding claim 13, Willhaus discloses an absorbent article wherein in the at least one channel zone substantially no absorbent material is present between the liquid management structure and the bottom core wrap sheet as shown in figures 4a-4b.
As to claim 14, Willhaus discloses an absorbent article wherein the at least one channel zone extends from a crotch region in the direction of the first and/or second transverse edge of the absorbent core, and/or the at least one channel zone extends in the direction from the first longitudinal edge to the second longitudinal edge of the absorbent core as shown in figure 1.
As to claim 16, Willhaus discloses an absorbent article wherein the at least one channel zone, in particular the at least one attachment zone formed by the liquid management structure and the bottom core wrap comprises a permanent attachment, which is configured to remain attached when the absorbent material swells upon wetting; and/or wherein the at least one channel zone, in particular the at least one attachment zone formed by the liquid management structure and the bottom core wrap comprises a semi-permanent attachment, which is configured to release when the absorbent material swells upon wetting as set forth in [0056]
With reference to claim 18, Willhaus discloses an absorbent article (abstract) comprising a liquid pervious topsheet (24), a liquid impervious backsheet (25), and an absorbent core (28) positioned between the liquid pervious topsheet and the liquid impervious backsheet [0007-0009]; and
a liquid management structure (16),
said absorbent article having a first and second longitudinal edge and a first and second transverse edge (figure 1);
wherein the absorbent core comprises absorbent material (60), and
wherein the absorbent material is positioned in direct contact with the liquid management structure (figures 4a-4b); and
wherein the liquid management structure (16) covers at least a surface portion of the absorbent material and comprises at least one channel portion (27) forming at least one channel zone in the absorbent core as shown (figures 4a and 4b), wherein the liquid management structure has a grammage of at least 20 g/m2 as set forth in [0042] where Willhaus discloses that the core wrap may include top and bottom sides formed by two separate substrates having the same material, thereby providing a liquid management structure with a grammage that could equate to 30 g/m2.
With reference to claims 19 and 21, Willhaus discloses an absorbent article wherein the liquid management structure comprises at least one of a carded nonwoven material with a grammage of at least 15 gsm, a meltblown nonwoven material with a grammage of at least 15 gsm or a spunbond nonwoven material with a grammage of at least 15 gsm as set forth in [0042].
Regarding claim 20, Willhaus discloses an absorbent article wherein the liquid management structure comprises synthetic fibers or cellulosic fibers or a combination of synthetic and cellulosic fibers as set forth in [0042].
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Willhaus et al (US 2017/0079858).
With reference to claims 9-10, Willhaus teaches the invention substantially as claimed as set forth in the rejection of claim 1.
As best understood, the difference between Willhaus and claims 9-10 is the provision that the liquid management structure and/or absorbent core have a specific surface area ratio.
It would have been obvious to one of ordinary skill in the art at the time of the invention to adjust the ratio of the liquid management structure in relation to the core in order to provide for a product with the desired absorbency characteristics based on the intended product (i.e., baby diaper, infant diaper, adult diaper, etc) as taught by Willhaus in [0041-0042].
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Willhaus et al (US 2017/0079858) and further in view of Nishikawa et al. (US 2016/0206483).
With reference to claim 15, Willhaus teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Willhaus and claim 15 is the provision that the second channel zone extends in the transversal direction of the absorbent core in between the first and second longitudinal edge.
Nishikawa et al. (hereinafter “Nishikawa”) teaches an analogous absorbent article including longitudinal and transverse channels as claimed as shown in figure 19.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Willhaus with transverse channels as taught by Nishikawa in order to enable the structure to conform more readily the wearer thereby reducing undesirable leakage as taught by Nishikawa in [0089].
With reference to claim 17, Willhaus discloses an absorbent article with at least one continuous channel zone as shown in figure 1.
The difference between Willhaus and claim 17 is the provision that the absorbent core comprises a bridge zone extending between a front and rear channel with a minimum distance between the front and rear channel.
Nishikawa teaches an analogous absorbent article including bridge zone as claimed as shown in annotated figure 19 below.
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Nishikawa also teaches the claimed distances between channels as set forth in [0084].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Willhaus with the channels as taught by Nishikawa in order to enable the structure to conform more readily the wearer thereby reducing undesirable leakage as taught by Nishikawa in [0084] and [0089].
Response to Arguments
Applicant's arguments filed October 9, 2025 have been fully considered but they are not persuasive.
Applicant argues that the current rejection is improper because the rationale stems from Willhaus incorporating Kirby. Applicant argues that the features of claim 1 must be present in a single embodiment and that incorporating a document by referent does not mean the entire document can be used for anticipation.
Applicant’s argument is not persuasive. Applicant is reminded that:
The information incorporated is as much a part of the application as filed as if the text was repeated in the application, and should be treated as part of the text of the application as filed. See MPEP 2163.07.
In the instant application, Willhaus recognizes that the core wrap may be formed entirely by layers having an additional function, including an acquisition layer (also known as s fluid transfer layer) as set forth in [0042]. Willhaus then incorporates Kirby, and Kirby provides the acquisition/fluid transfer layer with the specific grammage as claimed as set forth in [0114].
As such, the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
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/MICHELE KIDWELL/ Primary Examiner, Art Unit 3781