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, see p. 7, filed 18NOV2025, with respect to Claims 7-9 have been fully considered and are persuasive. The 35 U.S.C. § 112(b) rejection of Claims 7-9 has been withdrawn.
Applicant's arguments filed 18NOV2025 have been fully considered but they are not persuasive.
Regarding the combination of embodiments of Roe, Applicant’s arguments are not persuasive. Roe clearly provides a plurality of embodiments which utilize different structures of channels and it is considered obvious to incorporate channels from different embodiments, as the entire document centers around this feature.
Regarding the attachment zones, Applicant’s assertion that said zones are required to be internal is not seen in the Claims as presented. As noted by Applicant, the claim requires a plurality of attachment zones wherein the top core wrap sheet is attached to the back core wrap sheet. Nowhere in the claim is this specified to be bonded through the absorbent core.
Applicant’s arguments regarding the LMS and attachment zones are not persuasive. Fig. 7, as previously cited, shows the attachment of the top core wrap to the bottom core wrap. It is unclear how the uncited LMS structure affects this. As the core wrap is between the topsheet and backsheet, the structure is bonded as claimed by the process of bonding the topsheet and backsheet.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20150065981 A1 (Roe et al.).
Regarding claim 1, Roe teaches an absorbent article (20) (Fig. 1) comprising a liquid pervious topsheet (24), a liquid impervious backsheet (25), and an absorbent core (28) comprising an absorbent material [0041] between a top core wrap sheet (16) and a back core wrap sheet (16’) (Fig. 2) [0041], said absorbent core being positioned in between said topsheet and said backsheet [0037], said absorbent core having a first and second longitudinal edge (corresponding to side edges 3 and 4, respectively) and a first and second transverse edge (correspond to waist edges 10 and 12, respectively) (Fig. 1), wherein the absorbent core is provided with a plurality of attachment zones (said zones forming channels 49 and 49’ as seen in Fig. 1) wherein the top core wrap sheet is attached to the back core wrap sheet (wherein the core wrap is attached as shown in Fig. 7, the device further configured as shown in Fig. 13, which represents an alternate channel formation [0141], the plurality of attachment zones (exemplified in alternate embodiment Fig. 37 [0160], see Annotated Fig. 37) comprising at least one first front attachment zone (Annotated Fig. 37) and at least one first rear attachment zone (Annotated Fig. 37) and with at least one bridging zone extending at least partially between said at least one first front attachment zone and said at least one first rear attachment zone (Annotated Fig. 37), wherein
- the at least one first front attachment zone and the at least one first rear attachment zone, when projected on a longitudinal direction of the absorbent core, do not overlap or overlap only partially (channels 49 and 49’ being located inward of channels 45 and 45, as seen in Fig. 37);
- the at least one bridging zone extends from a first longitudinal portion (Annotated Fig. 37) of the absorbent core to a second longitudinal portion (Annotated Fig. 37) of the absorbent core, wherein the first longitudinal portion is defined between the first longitudinal edge and a longitudinal center axis (Annotated Fig. 37, or 80 in Fig. 1) of the absorbent core and the second longitudinal portion is defined between the second longitudinal edge and the longitudinal center axis of the absorbent core (Annotated Fig. 37);
such that upon wetting of the absorbent material by a liquid, a front channel (49) and a rear channel (45) are created at said at least one first front attachment zone and said at least one first rear attachment zone (Annotated Fig. 37), respective wherein the liquid can flow through the absorbent material of the at least one bridging zone allows a liquid flow between the first longitudinal portion and the second longitudinal portion (the absorbent material being continuous outside the channels, thereby providing a path of flow between said zones).
Roe fails to teach wherein the absorbent core is provided with a plurality of attachment zones wherein the top core wrap sheet is attached to the back core wrap sheet, and the at least one first front attachment zone and the at least one first rear attachment zone, when projected on a longitudinal direction of the absorbent core, do not overlap or overlap only partially in the embodiment of Fig. 1.
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 embodiment of Fig. 1, with the channel formation and structure of Figs. 13 and 37 to optimize performance between combinations of embodiments as Roe teaches these alternate embodiments may be incorporated into the arrangement of other embodiments [0138].
PNG
media_image1.png
599
617
media_image1.png
Greyscale
Annotated Fig. 37
2. (Currently Amended) The absorbent article according to claim 1, wherein
Regarding claims 2 and 3, Roe further teaches the liquid can flow through the absorbent material (the material composing the absorbent core 28) of the at least one bridging zone between the first longitudinal portion and the second longitudinal portion (Annotated Fig. 37) by capillary action (capillary action necessarily occurring as the liquid is drawn in by the absorbent material), as well as by mass flow (gravity-induced flow occurring as liquid travels through the absorbent material).
Regarding claim 4, Roe further teaches the at least one bridging zone is substantially free of attachments (said attachments create channels 45 and 49 in (Annotated Fig. 37 and as no channels exist in said zone, it is considered to be substantially free of attachments).
Regarding claim 5, Roe further teaches the at least one bridging zone (Annotated Fig. 37) comprises at least one semi-permanent attachment ([0087] describing that the channels may be permanent, thereby indicating scenarios exist wherein the channels are not permanent, these channels being created through intermittent bonding [0141]. As the channels are not necessarily permanent, the attachments which create them are considered semi-permanent).
Regarding claim 6, Roe further teaches the at least one bridging zone (Annotated Fig. 37) comprises fluff fibers [0051].
Regarding claim 7, Roe fails to explicitly teach a minimal width of the at least one bridging zone is at least 5mm.
Roe teaches a plurality of embodiments such as Fig. 37 and Fig. 40 wherein the channels comprising the front and rear attachment zones have a discernable gap between them. While the distance between these channels is not defined, 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 minimal width of the bridging zone to be at least 5mm through routine optimization while experimenting with the performance of the various arrangements taught by Roe. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation", where Roe teaches the general conditions of the claim in the prior art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 8, Roe teaches the front and rear attachment zones are continuous [0078], but fails to define the length of the channels (solely defining their widths and relative spacing). Roe therefore fails to explicitly teach the at least one first front attachment zone and the at least one first rear attachment zone are continuous attachments zones and have a length, seen in the longitudinal direction, of at least 30mm.
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 length of the attachment zones as Roe teaches a plurality of embodiments comprising differing lengths of channels (Figs. 35-40). Furthermore, the channel lengths will be dependent on overall length of the device, as well as the desired absorbency characteristics of the device.
Regarding claim 9, Roe further teaches the at least one first front attachment zone and the at least one first rear attachment zone (Annotated Fig. 37) extend in the longitudinal direction of the absorbent core (being parallel to the longitudinal direction, Annotated Fig. 37).
Regarding claims 10-12, Roe further teaches the plurality of attachment zones further comprises at least one of a second front attachment zone (wherein 49 forms the first front attachment zone and 49’ forms the second front attachment zone) and a second rear attachment zone (wherein 45 forms the first rear attachment zone and 45’ forms the second rear attachment zone), and
wherein the at least one bridging zone extends between the at least one first front attachment zone and the second front attachment zone, or between the at least one first rear attachment zone and the second rear attachment [[zones]] zone, or both (Annotated Fig. 37); wherein
said at least one first front attachment zone and said second front attachment zone extend next to each other from a crotch region (C, Fig. 1) in the direction of the first transverse edge (10, Fig. 1) (said arrangement visible in Fig. 37);
wherein said at least one first rear attachment zone and said second rear attachment zone extend next to each other from a crotch region in the direction of the second transverse edge (as seen in Fig. 37).
Regarding claims 13 and 14, Roe teaches the channels forming the attachment zones may be spaced apart various distances [0084], differing lengths between the front and back attachment zones [0088], as well as various orientations of said zones (Figs. 1 and 35-40). Given the ability to adjust length, width, spacing, and orientation, Roe is considered to teach a first distance between said at least one first front attachment zone and said second front attachment zone is larger than a second distance between said at least one first rear attachment zone and said second rear attachment zone, as well as wherein a first distance between said at least one first rear attachment zone and said second rear attachment zone is larger than a second distance between said at least one first front attachment zone and said second front attachment zone.
Regarding claim 15, Roe further teaches attachment between the top core wrap sheet (16) and the back core wrap sheet (16’) is any one of the following or a combination thereof: pressure bonding, thermal bonding, sonic bonding, adhesive [0073].
Regarding claim 16, Roe teaches an absorbent article (20) (Fig. 1) comprising a liquid pervious topsheet (24), a liquid impervious backsheet (25), and an absorbent core (28) comprising an absorbent material [0041] between a top core wrap sheet (16) and a back core wrap sheet (16’) (Fig. 2) [0041], said absorbent core having a first and second longitudinal edge (corresponding to side edges 3 and 4, respectively) and a first and second transverse edge (correspond to waist edges 10 and 12, respectively) (Fig. 1), wherein the absorbent core is provided with a plurality of attachment zones (said zones forming channels 49 and 49’ as seen in Fig. 1) wherein the top core wrap sheet is attached to the back core wrap sheet (wherein the core wrap is attached as shown in Fig. 7, the device further configured as shown in Fig. 13, which represents an alternate channel formation [0141], the plurality of attachment zones (exemplified in alternate embodiment Fig. 37 [0160], see Annotated Fig. 37) comprising at least one front attachment zone (Annotated Fig. 37) and at least one rear attachment zone (Annotated Fig. 37) and with at least one bridging zone extending at least partially between said at least one front attachment zone and said at least one rear attachment zone (Annotated Fig. 37), wherein
- the at least one bridging zone extends from a first longitudinal portion (Annotated Fig. 37) of the absorbent core to a second longitudinal portion (Annotated Fig. 37) of the absorbent core, wherein the first longitudinal portion is defined between the first longitudinal edge and a longitudinal center axis (Annotated Fig. 37, or 80 in Fig. 1) of the absorbent core and the second longitudinal portion is defined between the second longitudinal edge and the longitudinal center axis of the absorbent core (Annotated Fig. 37);
such that upon wetting of the absorbent material by a liquid, a front channel (49) and a rear channel (45) are created at said at least one first front attachment zone and said at least one first rear attachment zone (Annotated Fig. 37), respective wherein the liquid can flow through the absorbent material of the at least one bridging zone allows a liquid flow between the first longitudinal portion and the second longitudinal portion (the absorbent material being continuous outside the channels, thereby providing a path of flow between said zones).
Roe fails to teach wherein the absorbent core is provided with a plurality of attachment zones wherein the top core wrap sheet is attached to the back core wrap sheet, and the at least one first front attachment zone and the at least one first rear attachment zone, when projected on a longitudinal direction of the absorbent core, do not overlap or overlap only partially in the embodiment of Fig. 1.
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 embodiment of Fig. 1, with the channel formation and structure of Figs. 13 and 37 to optimize performance between combinations of embodiments as Roe teaches these alternate embodiments may be incorporated into the arrangement of other embodiments [0138].
Regarding claim 17, Roe further teaches the liquid can flow through the absorbent material (the material composing the absorbent core 28) of the at least one bridging zone between the first longitudinal portion and the second longitudinal portion (Annotated Fig. 37) by capillary action (capillary action necessarily occurring as the liquid is drawn in by the absorbent material).
Regarding claim 18, Roe further teaches the at least one bridging zone is substantially free of attachments (said attachments create channels 45 and 49 in (Annotated Fig. 37 and as no channels exist in said zone, it is considered to be substantially free of attachments).
Regarding claim 19, Roe teaches an absorbent article (20) (Fig. 1) comprising a liquid pervious topsheet (24), a liquid impervious backsheet (25), and an absorbent core (28) comprising an absorbent material [0041] between a top core wrap sheet (16) and a back core wrap sheet (16’) (Fig. 2) [0041], said absorbent core being positioned in between said topsheet and said backsheet [0037], said absorbent core having a first and second longitudinal edge (corresponding to side edges 3 and 4, respectively) and a first and second transverse edge (correspond to waist edges 10 and 12, respectively) (Fig. 1), wherein the absorbent core is provided with a plurality of attachment zones (said zones forming channels 49 and 49’ as seen in Fig. 1) wherein the top core wrap sheet is attached to the back core wrap sheet (wherein the core wrap is attached as shown in Fig. 7, the device further configured as shown in Fig. 13, which represents an alternate channel formation [0141], the plurality of attachment zones (exemplified in alternate embodiment Fig. 37 [0160], see Annotated Fig. 37) comprising at least one first front attachment zone (Annotated Fig. 37) and at least one first rear attachment zone (Annotated Fig. 37) and with at least one bridging zone, wherein
- the at least one first front attachment zone and the at least one first rear attachment zone, when projected on a longitudinal direction of the absorbent core, do not overlap or overlap only partially (channels 49 and 49’ being located inward of channels 45 and 45, as seen in Fig. 37);
- the at least one bridging zone extends from a first longitudinal portion (Annotated Fig. 37) of the absorbent core to a second longitudinal portion (Annotated Fig. 37) of the absorbent core, wherein the first longitudinal portion is defined between the first longitudinal edge and a longitudinal center axis (Annotated Fig. 37, or 80 in Fig. 1) of the absorbent core and the second longitudinal portion is defined between the second longitudinal edge and the longitudinal center axis of the absorbent core (Annotated Fig. 37);
such that upon wetting of the absorbent material by a liquid, a front channel (49) and a rear channel (45) are created at said at least one first front attachment zone and said at least one first rear attachment zone (Annotated Fig. 37), respective wherein the liquid can flow through the absorbent material of the at least one bridging zone allows a liquid flow between the first longitudinal portion and the second longitudinal portion (the absorbent material being continuous outside the channels, thereby providing a path of flow between said zones).
Roe fails to teach wherein the absorbent core is provided with a plurality of attachment zones wherein the top core wrap sheet is attached to the back core wrap sheet, and the at least one first front attachment zone and the at least one first rear attachment zone, when projected on a longitudinal direction of the absorbent core, do not overlap or overlap only partially in the embodiment of Fig. 1.
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 embodiment of Fig. 1, with the channel formation and structure of Figs. 13 and 37 to optimize performance between combinations of embodiments as Roe teaches these alternate embodiments may be incorporated into the arrangement of other embodiments [0138].
Regarding claim 20, Roe further teaches the liquid can flow through the absorbent material (the material composing the absorbent core 28) of the at least one bridging zone between the first longitudinal portion and the second longitudinal portion (Annotated Fig. 37) by capillary action (capillary action necessarily occurring as the liquid is drawn in by the absorbent material).
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 HANS KALIHER whose telephone number is (303)297-4453. The examiner can normally be reached Monday-Friday 08:00-05:00 MT.
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.
/HANS KALIHER/ Examiner, Art Unit 3781
/JESSICA ARBLE/ Primary Examiner, Art Unit 3781