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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/08/2025 has been entered.
Status of Claims
Claims 1-3, 10-16, 18, 21-22, 25, and 35 are pending and examined on the merits.
Claim 35 is new.
Claims 4-9 were previously withdrawn for being drawn to nonelected inventions.
Claims 17, 19-20, 23-24, and 26-34 are cancelled.
Information Disclosure Statement
The three information disclosure statements (IDS’s) submitted on 03/06/2025, 09/22/2025, and 01/07/2026 were filed before the mailing date of the First Office Action on the Merits. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Amendment
Applicant amendments filed 09/08/2025 have been fully considered.
Response to Arguments
Applicant submitted amendments to the independent claim which necessitates a new ground of rejection. Bianchi (U.S. Pre Grant Pub. No. 2014/0371701 A1) is reintroduced in the present rejection to disclose and render obvious the limitations presented in the amendments.
Regarding Applicant’s arguments that Bianchi does not disclose the feature “within each one of said first and second attachment zone”, Examiner specifically disagrees and points to the rejection below to show that Bianchi anticipates the independent claim.
Regarding Applicant’s arguments that claim 1 requires that “the applied attachment should be discontinuous seen in the transverse direction” (see page 9 of Remarks filed 09/08/2025). Applicant respectfully disagrees. Specifically, claim 1, lines 10-11, recites the limitation “seen in the transverse direction of the absorbent core”. This is interpreted as not necessarily requiring that the attachment locations are spaced in the transverse direction, but rather that the attachment locations are viewable in a transverse direction. Therefore, the claim does not positively recite spacing in the transverse direction.
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, 10-13, 21, 22, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bianchi (U.S. Pre Grant Pub. No. 2014/0371701 A1).
Regarding claim 1, Bianchi teaches: An absorbent article (see diaper 20 at least in Figs. 1-3) comprising a liquid pervious topsheet (24; see at least para. [0036]), a liquid impervious backsheet (25), and an absorbent core (28; see also Fig. 4) comprising an absorbent material (see at least para. [0041]) between a top core wrap sheet (16; see at least Fig. 4 and para. [0041]) and a back core wrap sheet (16’ in Fig. 4 and para. [0041]), said absorbent core being positioned in between said topsheet and said backsheet (see at least para. [0036]), said absorbent core having a first and second longitudinal edge and a first and second transverse edge (inherent); wherein the absorbent core is provided with a plurality of attachment zones comprising at least a first and a second attachment zone (see core wrap bonds 27 at least in Fig. 3 and para. [0041]), said first and second attachment zone extending next to each other from a crotch region in the direction of the first and/or second transverse edge (see at least para. [0041] describes that the absorbent core formed channels 26’ in the areas 26 along the core wrap bond 27; as shown in at least Fig. 4, the areas 26, and therefore the core wrap bond 27, extend next to each other from a crotch region in a direction towards the longitudinal sides 284, 286); wherein within each one of said first and second attachment zone:
said top core wrap sheet (16) is attached to said back core wrap sheet (16’) along a discontinuous attachment at a plurality of locations at a distance of each other (para. [0083] teaches that the core wrap bond 27 may be discontinuous, such as a series of point bonds), seen in the transverse direction of the absorbent core (as broadly recited, the term “seen in” does not necessarily require spacing in the transverse direction; since the claim does not positively recite the spacing of the zones, this limitation is met at least since para. [0083] teaches the discontinuous attachment of the top core wrap sheet and the back core wrap sheet);
such that upon wetting of the absorbent material, a first and second channel are created at said first and second attachment zone, respectively (para. [0041], for example, discloses when the absorbent material swells, the absorbent core forms one or more channels 26’ in areas 26 along the core wrap bond 27).
Regarding claim 2, Bianchi teaches the invention as discussed above in claim 1. Additionally, Bianchi teaches: wherein the first attachment zone and the second attachment zone are substantially parallel and extend in a longitudinal direction of the absorbent core (para. [0086] teaches that the areas substantially free of absorbent material, i.e., the attachment zones, may be oriented longitudinally and parallel to the longitudinal axis but may also be curved); or wherein an angle between the first attachment zone and a longitudinal direction of the absorbent core and an angle between the second attachment zone and the longitudinal direction of the absorbent core is smaller than 5° (para. [0086] teaches that the areas substantially free of absorbent material, i.e., the attachment zones, are completely parallel to the longitudinal axis).
Regarding claim 3, Bianchi teaches the invention as discussed above in claim 1. Additionally, Bianchi teaches: wherein the attachment between the top core wrap sheet and the back core wrap sheet in the first and the second attachment zone is a permanent attachment (para. [0056], for example, discloses that glue may help form the core wrap bond 27 to attach both sides of the core wrap); and wherein the absorbent core is configured such that, in a wetted state of the absorbent material, the absorbent material extends over the first and second attachment zone (as shown in Fig. 16 and described in para. [0122], when the absorbent core 28 is wetted, the absorbent material swells to a larger amount which causes the channels 26’ and ditches 29 to become less visible or completely disappear; as shown in Fig. 16, the absorbent core 28 extends over the first and second attachment zones 27).
Regarding claim 10, Bianchi teaches the invention as discussed above in claim 1. Additionally, Bianchi teaches: wherein the plurality of attachment zones together cover at least 30 %, preferably at least 40%, preferably at least 50%, more preferably at least 60%, more preferably at least 70%, more preferably 80% and more preferably at least 90%of a length of the absorbent core (as shown in at least Fig. 1, the attachment zones 26 cover more than 50% of the length of the absorbent core 28).
Regarding claim 11, Bianchi teaches the invention as discussed above in claim 1. Additionally, Bianchi teaches: wherein, outside of the plurality of attachment zones the absorbent core has a maximum thickness (inherent); wherein the first and second attachment zone extend through at least 90 % of the maximum thickness of the absorbent core, more preferably through 100% of the thickness of the absorbent core (as shown in at least Fig. 5, which is a transversal cross-section of the core of Fig. 4, which is a top view of the absorbent core of Fig. 1, the attachment zones 27 extends through the absorbent core 28 about halfway from both the front 16 and back 16’ core wrap sheets; see also Fig. 3; the attachment zones 27 are interpreted to include directly adjacent material that are pressed inward at the seam and away from their respective surfaces, such as the two substrates 16 and 16’, as seen in Fig. 3; therefore, the first and second attachment zones 27 extend through at least 90-100% of the thickness of the absorbent core 28; see para. [0018-0019]) such that in the first and second attachment zone substantially no absorbent material is present between the top core wrap sheet and the back core wrap sheet (see at least para. [0041]).
Regarding claim 12, Bianchi teaches the invention as discussed above in claim 1. Additionally, Bianchi teaches: wherein the first attachment zone and the second attachment zone are arranged symmetrically with respect to a longitudinal center line of the absorbent core extending between the first and second transverse edge (see at least Fig. 4).
Regarding claim 13, Bianchi teaches the invention as discussed above in claim 1. Additionally, Bianchi teaches: wherein the attachment between the top core wrap sheet and the back core wrap sheet is any one of the following or a combination thereof: pressure bonding, thermal bonding, sonic bonding, chemical bonding, adhesive (see at least para. [0055-0056]).
Regarding claim 21, Bianchi teaches the invention as discussed above in claim 1. Additionally, Bianchi teaches: wherein the distance between the first and the second attachment zone is between 10 mm and 50 mm, preferably between 15 mm and 30 mm (para. [0087], for example, teaches that the spacing distance between areas substantially free of absorbent material, i.e., attachment zones 27, may be 5mm, 10mm, or at least 16mm).
Regarding claim 22, Bianchi teaches the invention as discussed above in claim 1. Additionally, Bianchi teaches: wherein the length of the first and the second attachment zone is larger than 60 mm, preferably larger than 70 mm (para. [0157], for example, teaches that the areas free of absorbent material, i.e., attachment zones 27, can have a length of about 227 mm).
Regarding claim 25, Bianchi teaches the invention as discussed above in claim 1. Additionally, Bianchi teaches: wherein substantially no absorbent material is present in the first and second attachment zone (see at least para. [0085]).
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.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Bianchi (U.S. Pre Grant Pub. No. 2014/0371701 A1).
Regarding claim 35, Bianchi teaches the invention as discussed above in claim 1. Additionally, while Bianchi fails to explicitly teach that the first and second attachment zones are substantially parallel in a rear part of the crotch region, while the transverse distance between the first and second attachment zones gradually increases in the direction of the first transverse edge of the absorbent core, wherein the first transverse edge is a front transverse edge of the absorbent core, as required by the claim, Bianchi teaches that the pair of channels 26 may be completely oriented longitudinally and parallel to the longitudinal axis but may also be curved with a radius of curvature that varies (see para. [0086]). Changes in shape are considered to be a matter of choice absent persuasive evidence that the particular configuration is significant. Therefore, It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bianchi by making the first and second attachment zones substantially parallel in the rear part of the crotch region, since it has been held that changes in shape are merely an obvious matter of design choice. See In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966); see also MPEP 2144.04(IV)(B).
Claims 14-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bianchi (U.S. Pre Grant Pub. No. 2014/0371701 A1) in view of Jackels (U.S. Pre Grant Pub. No. 2015/0342798 A1).
Regarding claim 14, Bianchi teaches the invention as discussed above in claim 1. However, Bianchi fails to explicitly teach a third and a fourth attachment zone, as required by the claim.
Jackels teaches an analogous absorbent article (see at least Abstract and Fig. 1) comprising an absorbent core (28) comprising a core wrap (16, 17) enclosing an absorbent material (60) and having at least a pair of longitudinally-extending channel-forming areas (26a, 26b; see at least Abstract and Fig. 1). Jackels further teaches wherein the plurality of attachment zones further comprises a third and a fourth attachment zone (603, 604) located at a distance of each other (see at least Fig. 1), said third and fourth attachment zone each extending in the direction of the first and/or second transverse edge (see at least Fig. 1 and para. [0046-0047] teaching that absorbent material areas 603, 604 are located transversely on either side of the channel-forming areas 26a, 26b).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bianchi to incorporate the teachings of Jackels by including a third and a fourth attachment zone with the plurality of attachment zones at least in order for these attachment zones to provide improved flexibility of the core in the lateral direction when the article is compressed by the thighs of a wearer, as taught by Jackels (see at least para. [0046]). Additionally, one of ordinary skill in the art would have been motivated to include the third and fourth attachment zones such that they internally and/or externally flank the first and second attachment zones, as taught by Jackels (see para. [0045] and Fig. 1).
Regarding claim 15, Bianchi in view of Jackels teaches the invention as discussed above in claim 14. However, while Bianchi fails to explicitly teach wherein the distance between the first and the second attachment zone is different from the distance between the third and the fourth attachment zone, as required by the claim, the combined device of Bianchi in view of Jackels teaches such claim limitations. For example, Jackels teaches that the channel-forming areas 26a, 26b is internally flanked by a first flanking absorbent material area 603 and externally flanked by a second flanking absorbent material area 604. As shown in at least in Fig. 1, the distance between the first and second attachment zones is different from the distance between the third and the fourth attachment zone. Therefore, the combined device of Bianchi in view of Jackels discloses the claimed structure.
Regarding claim 16, Bianchi in view of Jackels teaches the invention as discussed above in claim 14. Additionally, the combined device of Bianchi in view of Jackels teaches wherein the absorbent core has a front portion extending at one side of a transverse crotch line (inherent) and a rear portion extending at the other side of the transverse crotch line (inherent); wherein the first and second attachment zone extend at least in the front portion of the absorbent core (as can be seen in Fig. 1 of Bianchi, the first and second attachment zones 26 extend at one side of a transverse crotch line); and wherein the third and fourth attachment zone extend at least in the rear portion of the absorbent core (Fig. 1 of Jackels shows the third and fourth attachment zones 603, 604 extending into a rear portion of the absorbent core, i.e., towards back edge 282).
Regarding claim 18, Bianchi in view of Jackels teaches the invention as discussed above in claim 14. Additionally, the combined device of Bianchi in view of Jackels teaches a first transverse attachment zone that connects the first and third attachment zones (as broadly claimed, a zone is considered to be any region of the absorbent core; a first transverse attachment zone is located on the absorbent core between the first and third attachment zones) and a second transverse attachment zone that connects the second and fourth attachment zones (a second transverse attachment zone is located on the absorbent core opposite the first transverse attachment zone between the second and fourth attachment zones; see for example Fig. 1 of Bianchi).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIHAD DAKKAK whose telephone number is (571)272-0567. The examiner can normally be reached Mon-Fri: 9AM - 5PM ET.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JIHAD DAKKAK/ Examiner, Art Unit 3781
/CATHARINE L ANDERSON/ Primary Examiner, Art Unit 3781