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 .
Response to Arguments
Applicant's arguments filed 20 November 2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that at least one of the third and fourth zones have a bridge zone, it is noted that the claim limitation “bridge zone” is broad and lacks a clear definition in either the art or the present specification. It is further noted that the limitation “allowing a liquid flow between the first and the second side edge” does not require a direct path of liquid flow from one side edge of to the other, and therefore is broader than applicant argues. It is within the scope of the claim as presently written for the attachment zones to pass though the bridge zone, so long as fluid is capable of transverse movement within the bridge zone. Applicant further argues that the liquid management system of Roe is not the absorbent core. However, the claims as presently written disclose the absorbent core comprises an absorbent material between a top and a back core wrap sheet (emphasis added), and therefore it is within the scope of the claims as presently written for the claimed absorbent core to comprise additional layers. Whether Roe defines the liquid management system as part of the absorbent core is irrelevant, since the liquid management system of Roe can be considered to be a part of the absorbent core as presently claimed.
In response to Applicant’s argument that Roe fails to disclose the first rear attachment zone extending from an edge of the fifth zone, it is noted that the boundaries of the first, second, third, fourth, and fifth zones are not clearly defined by the claim language, and therefore may be arbitrarily drawn to start and end along the longitudinal length of the absorbent core of Roe. Therefore, the fifth zone may be defined as having a boundary adjacent to the end of the rear attachment zones 26 and 26’, as shown in the Annotated (A) Figure 1 of Roe below.
In response to Applicant’s argument that Roe does not disclose the fifth zone extending over at least 10% of the length of the core in the longitudinal direction, it is noted that while Roe does not disclose specific dimensions for the figures, Roe does reasonably teaches that the fifth zone extends along a significant portion of the longitudinal length of the core, as shown in the Annotated (A) Figure 1 of Roe below, and therefore one of ordinary skill in the art would be motivated to define the fifth zone as extending over at least 10% of the length. Additionally, Roe discloses that the length of the zones is a result-effective variable and therefore optimization of the ranges of the lengths would have been obvious. Applicant appears to argue that the claimed range is critical because it achieve the advantage of creating bands that will create a barrier so that it is more difficult for liquid to flow out of the core. However, the claimed range of at least 10% is not is not described in the present specification as being critical to achieving this advantage. The disclosure on page 31, lines 31-35, discloses “at least 10%” as the largest possible range, not the most preferred rage, and therefore does not described criticality of the claimed range.
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.
Claims 1-15 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Roe et al. (US 20150065973 A1) of figures 1-6 in view of Roe of figure 37.
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Annotated (A) Figure 1 of Roe
Regarding Claim 1, Roe of figures 1-6 teaches an absorbent article ('absorbent article 20', fig.1, ¶ 36) comprising a liquid pervious topsheet ('liquid permeable topsheet 24', figs.1-2, ¶ 37), a liquid impervious backsheet ('liquid impermeable backsheet 25', fig.2, ¶ 37), and an absorbent core ('absorbent core 28', fig.2, ¶ 37) comprising an absorbent material ("absorbent material", ¶ 41) between a top core wrap sheet and a back core wrap sheet ('16 and 16' for the top side and bottom side of the core', fig.2, ¶ 41), said absorbent core 28 being positioned in between said topsheet 24 and said backsheet 25, said absorbent core 28 having a first and second side edge ('longitudinal sides 284, 286', fig.6, ¶ 51), a front edge ('front side 280', fig.6, ¶ 51) and a rear edge (rear side 282', fig.6, ¶ 51), wherein the absorbent core 28 is provided with a plurality of attachment zones ('four channels 26, 26' and 27, 27'', fig.1, ¶ 42) where the top core wrap sheet 16 is attached to the back core wrap sheet 16', and where substantially no absorbent material ("absorbent material", ¶ 41) is present ("the channels may be formed by zones within the absorbent material deposition area 8 which may be substantially free of, or free of, absorbent material", ¶ 77),
wherein in a longitudinal direction ('longitudinal axis 80', fig.1, ¶ 39) of the absorbent core 28, from the front edge 280 to the rear edge 282, the absorbent core 28 comprises subsequently a first, second, third, fourth and fifth zone (see annotated fig.1);
wherein the absorbent core 28 comprises a front part (see annotated (A) figure 1) extending between the front edge 280 and a transverse crotch line ('lateral axis 90', fig.1, ¶ 39) of the absorbent core 28, and a rear part (see annotated (A) figure 1) extending between the rear edge 282 and the transverse crotch line 90 of the absorbent core 28;
wherein said first, second and third zone extend in the front part (see annotated (A) fig.1) of the absorbent core 28 and said fourth and fifth zone extend in the rear part (see annotated (A) fig.1);
wherein in said first and fifth zone substantially no permanent attachment zones with a liquid guidance or distribution function are present (see annotated (A) fig.1);
wherein said second zone (see annotated (A) fig.1) comprises at least a first elongate front attachment zone (extending from edge of first zone) of the plurality of attachment zones, said first front attachment zone (extending from edge of first zone) extending from an edge of the first zone in the direction of the third zone (see annotated (A) fig.1);
wherein at least said fourth zone comprises at least a first rear elongate attachment zone (see annotated (A) fig.1) of the plurality of attachment zones, said first rear attachment zone extending from an edge of the fifth zone in the direction of the third zone;
wherein at least one of said third and fourth zones comprises a bridge zone (zone of absorbent between channels 26 and 27) allowing a liquid flow between the first 284 and the second side edge 286 by capillary action through the absorbent material ("absorbent material", ¶ 41) and/or by mass flow (¶ 151, 154) (NOTE: the limitation only requires movement between the first and second side edge and not necessarily vertical liquid flow, thus the bridge zone would extend through said third and fourth zones and would include other areas around 73 through which liquid could flow between the first and the second side edge by capillary action through the absorbent material);
wherein the fifth zone (see annotated (A) fig.1) extends over a corresponding length.
Roe discloses the claimed invention except for the second, the third and/or the fourth zone each extends over a length corresponding with at least 10% of the length of the absorbent core in the longitudinal direction. Roe sets forth that a length in the longitudinal direction is a result effective variable, wherein a length is a parameter that is known to influence a particular result.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to a length corresponding with at least 10% of the length of the absorbent core in the longitudinal direction, for the purpose of that the relative length would still be the same, but proportionally would be is similar enough to cover the claimed length, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
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Annotated Figure 37 of Roe
Regarding Claim 2, Roe of figures 1-6 fails to teach the bridge zone extends between the first front attachment zone and the first rear attachment zone, such that upon wetting of the absorbent material, a front and rear channel are created at said first front and rear attachment zone, respectively, wherein the bridge zone extends between said front and rear channel, wherein liquid distributes in a transverse direction of the absorbent core via the bridge zone between the first front attachment zone and the first rear attachment zone.
Roe of figure 37 teaches the bridge zone (zone of absorbent between channels 26 and 27) extends between the first front attachment zone and the first rear attachment zone (see annotated figure 37), such that upon wetting of the absorbent material ("absorbent material", ¶ 41), a front and rear channel (hollow passages comprising 'four channels 26, 26' and 27, 27'', fig.2, ¶ 42) are created at said first front and rear attachment zone (see annotated fig.1), respectively, wherein the bridge zone (zone of absorbent between channels 26 and 27) extends between said front and rear channel (hollow passages comprising 'four channels 26, 26' and 27, 27'', fig.2, ¶ 42);
wherein liquid distributes in the transverse direction of the absorbent core ('absorbent core 28', fig.2, ¶ 37) via the bridge zone (zone of absorbent between channels 26 and 27 (or 45/45' and 49/49' as depicted in fig.37)) between the first front attachment zone (extending from edge of first zone) and the first rear attachment zone (see annotated fig.1).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Roe of figures 1-6 such that the bridge zone extends between the first front attachment zone and the first rear attachment zone, such that upon wetting of the absorbent material, a front and rear channel are created at said first front and rear attachment zone, respectively, wherein the bridge zone extends between said front and rear channel, wherein liquid distributes in a transverse direction of the absorbent core via the bridge zone between the first front attachment zone and the first rear attachment zone as taught by Roe of figure 37, in order that the substantially laterally-extending separation element could have any suitable orientation or arrangement (¶ 157).
Regarding Claim 3, Roe of figures 1-6 teaches the first rear elongate attachment zone extends into the third zone (see annotated (B) fig.1).
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Annotated (B) Figure 1 of Roe
Regarding Claim 4, Roe of figures 1-6 teaches a distance between the transverse crotch line 90 and a transverse center line extending perpendicular on the longitudinal direction of the absorbent core 28, through the middle of the absorbent core 28, is smaller than 10% of the length of the absorbent core 28 (see annotated (B) figure 1; NOTE: the distance between the transverse crotch line and a transverse center line is 0% because they overlap each other at the center of the article).
Regarding Claim 5, Roe of figures 1-6 teaches the first zone extends over a corresponding length that is at least 5% of the length of the absorbent core 28 in the longitudinal direction (see annotated (A) figure 1).
Regarding Claim 6, Roe of figures 1-6 fails to teach the second, the third and/or the fourth zone each extends over a length corresponding with at least 10% of the length of the absorbent core 28 in the longitudinal direction.
Roe discloses the claimed invention except for the second, the third and/or the fourth zone each extends over a length corresponding with at least 10% of the length of the absorbent core in the longitudinal direction. Roe sets forth that a length in the longitudinal direction is a result effective variable, wherein a length is a parameter that is known to influence a particular result.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to a length corresponding with at least 10% of the length of the absorbent core in the longitudinal direction, for the purpose of that the relative length would still be the same, but proportionally would be is similar enough to cover the claimed length, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 7, Roe of figures 1-6 teaches said second zone comprises a second front attachment zone (see annotated (A) figure 1) extending next to the first attachment zone, in the longitudinal direction, wherein preferably the first front attachment zone (see annotated (A) figure 1) and the second front attachment zone are arranged symmetrically with respect to a longitudinal center line of the absorbent core 28;
wherein the distance between the first and the second front attachment zone is between 15 and 70% of the width of the absorbent core 28 (see annotated (A) figure 1).
Regarding Claim 8, Roe of figures 1-6 teaches said fourth zone comprises a second rear attachment zone extending next to the first rear attachment zone in the longitudinal direction (NOTE: it is preferred, but not necessary, that the second rear attachment zone extends into the third zone, but in this instance it does not).
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Annotated (C) Figure 1 of Roe
Regarding Claim 9, Roe of figures 1-6 teaches the bridge zone (zone of absorbent between channels 26 and 27) extends from a first portion of the absorbent core 28 to a second portion of the absorbent core 28,
wherein the first portion is defined between the first side edge and a longitudinal center axis of the absorbent core 28 and the second portion is defined between the second side edge and the longitudinal center axis of the absorbent core 28.
Regarding Claim Roe of figures 1-6 teaches said fourth zone comprises a second rear attachment zone (see annotated fig.1) extending next to the first rear attachment zone in the longitudinal direction (NOTE: it is prefered, but not necessary, that the second rear attachment zone extends into the third zone, but in this instance it does not),
wherein a first smallest distance (distance between 26 and 26’ in figure 1) between the first and the second front attachment zones is bigger than a second smallest distance (distance between 27 and 27’ in figure 1) between the first and the second rear attachment zones (see annotated (A) figure 1).
Regarding Claim 11, Roe of figures 1-6 teaches the first and the second front attachment zone extend in a longitudinal direction of the absorbent core 28 over a length which is less than the length of the first and second rear attachment zone (see annotated (A) figure 1).
Regarding Claim 12, Roe of figures 1-6 teaches the length of the first front attachment zone is larger than 5% of the length of the absorbent core 28 (see annotated (A) figure 1);
wherein the length of the first rear attachment zone is larger than 5% of the length of the absorbent core 28 (see annotated (A) figure 1).
Regarding Claim 13, Roe of figures 1-6 teaches said plurality of attachment zones are permanent attachment zones which remain attached when wetted (NOTE: attachment zones are integral portions of the absorbent article and would not become detached).
Regarding Claim 14, Roe of figures 1-6 teaches said plurality of attachment zones extend in the transverse direction of the absorbent core 28, over transverse distance at least 1 mm (¶ 60).
Regarding Claim 15, Roe of figures 1-6 teaches said bridge zone (zone of absorbent between channels 26 and 27) comprises one or more temporary attachments between the top and back core wrap sheet ('16 and 16' for the top side and bottom side of the core', fig.2, ¶ 41) which are configured to detach when wetted ("intermittently bonded along or within portions of or all of the channels", ¶ 132; “The absorbent article comprises a substantially laterally-extending separation element at least partially defining a visual front portion and a visual back portion of the absorbent article”, ¶ 13).
Regarding Claim 21, Roe of figures 1-6 teaches a minimal width of the bridge zone is at least 5 millimeters (¶ 60).
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 LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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