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 4 February 2026, with respect to the rejection(s) of claim(s) 1, 3-10, 12-14, 16, and 18-20 under 35 U.S.C. 103 have been fully considered but are not persuasive.
In response to Applicant’s argument that Roe teaches away from a connection zone that corresponds to at least one semi-permanent attachment zone, it is noted that paragraph [0089] of Roe discloses that “at least some … of the channels may be permanent channels” and therefore discloses that at least some of the channels may not be permanent channels. Roe therefore does not teach away from the use of semi-permanent channels.
In response to Applicant’s argument that Bianchi does not teach an advantage to the opening of the core wrap bonds and describes the opening as a disadvantage, Applicant appears to infer meaning from paragraph [0122] of Bianchi that is not present. In paragraph [0122], Bianchi clearly discloses a different embodiment of the invention, one in which the absorbent core comprises more absorbent material that will swell to a larger amount and cause the core wrap bonds to open, as shown in figure 16. Bianchi contrasts this with the embodiment of figure 15, in which the core wrap bonds and channels remain present upon swelling of the absorbent core. Bianchi does not disclose the embodiment of figure 16 as disadvantageous, but merely as an alternative embodiment that provides for more absorbent material and allows the cahnnels to become less visible or disappear.
In response to Applicant’s argument that Roe and Luceri are concerned with feminine hygiene articles, it is noted that patents are relevant as prior art for all they contain, including nonpreferred and alternative embodiments (see MPEP 2123). Roe discloses in paragraph [0026] that the embodiment shown in figure 23 is an absorbent core for absorbent articles in accordance with a non-limiting embodiment of the present disclosure. Roe further discloses in, among others, paragraph [0002] that the present disclosure is directed to absorbent articles such as baby diapers. Roe therefore positively recites an embodiment wherein the core structure shown in figure 23 is comprised in a baby diaper. While Luceri does not disclose a diaper, within the art of absorbent articles, diapers and sanitary pads are considered to be analogous art and therefore one of ordinary skill in the art would look to Luceri to modify the absorbent article of Roe (see MPEP 2141.01(a)).
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.
Claim(s) 1, 3, 5-10, 12-14, 16, 19, 21-22, and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roe et al. (2016/0354260) in view of Ehrnsperger et al. (2016/0235597), Luceri (5,807,365), and Bianchi (2014/0371701).
With respect to claim 1, Roe discloses an absorbent article, as shown in figure 2, wherein the absorbent article is a baby diaper, as disclosed in paragraphs [0026] and [0028], comprising a liquid pervious topsheet 24, a liquid impervious backsheet 25, and an absorbent core 28 comprising an absorbent material 60 between a top core wrap sheet 16 and a bottom core wrap sheet 16’. The absorbent material comprises cellulosic fluff pulp and superabsorbent particles, as disclosed in paragraph [0048]. The absorbent core has first and second longitudinal side edges and front and rear transverse edges, as shown in figure 23. The absorbent core is provided with a plurality of attachment zones 26 where the top and bottom core wrap sheets 16 and 16’ are attached, as shown in figure 2. Substantially no absorbent material is present in the attachment zones 26, as disclosed in paragraphs [0009] and [0095]. The plurality of attachment zones comprises first and second elongate attachment zones 26 extending next to each other from a crotch region in the direction of the front and rear transverse edges 280 and 282, as shown in figure 23. At least one connecting attachment zone 55 connect the first and second attachment zones 26, as shown in figure 23. The connecting attachment zones 55 comprise a front connection attachment zone connecting front end portions of the first and second attachment zones 26 and a rear connecting attachment zone connecting rear end portions of the first and second attachment zones 26, as shown in figure 23. At least one connecting attachment zone 55 extends in a transverse direction of the absorbent core, as shown in figure 23.
Roe discloses all aspects of the claimed invention with the exception of the first and second attachment zones being parallel in the crotch region and diverging when extended toward the front edge, the top and bottom core wrap sheets being attached in the connecting attachment zones, connecting attachment zones connecting the front ends and rear ends of the first and second attachment zones, and at least one semi-permanent attachment zone configured to release after having been in contact with liquid for a predetermined period of time that is smaller than 30 seconds.
Roe discloses first and second attachment zones 26 that diverge towards the front edge of the article, as shown in figure 23. Roe further discloses in paragraph [0085] that the channels can be parallel to the longitudinal axis or curved with a radius of curvature of that varies. Changes in chape are considered to be a matter of choice absent persuasive evidence that the particular configuration is significant. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the first and second attachment zones of Roe parallel in the crotch region, since changes in shape are merely an obvious matter of design choice. In re Dailey, 149 USPT 47. Additionally, Ehrnsperger discloses an absorbent article comprising an absorbent core 60 with channels therein, as shown in figure 1, wherein the channels 261, 262 are parallel to each other in a portion of the crotch region and diverge towards the first transverse edge to allow the absorbent core to fold into a basin configuration to fit around a wearer, as shown in figure 8 and disclosed in paragraphs [0070-0071]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the first and second attachment zones of Roe parallel in the crotch region, as taught by Ehrnsperger, to combing known prior art elements to achieve the predictable result of providing an ergonomic fit around the wearer.
While Roe does not explicitly show or state that the core wrap sheets are attached to each other in the connection attachment zones, Roe discloses in paragraph [0108] that the connecting attachment zones 55 are lateral channels, and further discloses in paragraph [0089] that attaching the top and bottom core wrap sheets within a channel maintains the integrity of the channel. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to attach the top and bottom core wrap sheets of Roe in the connecting attachment zones to achieve the predictable result of maintaining the integrity of the channels.
Luceri discloses an absorbent article, as shown in figure 3, comprising attachment zones 14 formed in the absorbent core 16, as shown in figure 4. Luceri discloses providing a plurality of connecting attachment zones that extend laterally to connect the longitudinally extending attachment zones, as shown in figure 3. Luceri teaches providing connecting attachment zones at the front and rear ends of the attachment zones in addition to in the central portion to create distinct absorbing areas 15a and 15c, as shown in figure 3, that compartmentalize fluid in the pad to prevent it to flow to the edges of the pad, as disclosed in column 3, lines 5-11. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the article of Roe with connecting attachment zones at the front and rear ends of the first and second attachment zones, as taught by Luceri, to compartmentalize fluid in the pad to prevent it to flow to the edges of the pad.
Bianchi teaches an absorbent article, as shown in figures 1 and 14-16, in the same field of endeavor with semi-permanent channels 26 configured to release after having been in contact with liquid for a predetermined period of time, as disclosed in paragraphs [0041], [0082], and [0122], to provide additional swelling space for the absorbent materials, as disclosed in paragraph [0008]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the connecting channels of Roe be semi-permanent channels configured to release after contact with liquid, as taught by Bianchi, to provide additional swelling space for the absorbent material. It would further have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the predetermined time be smaller than 30 seconds to achieve the predictable result of bonds that release quickly upon contact with liquid so that the absorbent material can swell and absorb the liquid quickly.
With respect to claim 3, the absorbent core 28 of Roe has a transverse crotch line 90’ dividing the absorbent core into front and rear portions, and the front connecting attachment zone is in the front portion and the rear connecting attachment zone is in the rear portion, as shown in figure 23.
With respect to claim 5, first and second channels 26 of Roe are created at the first and second attachment zones, as shown in figure 2, and are directly connected to each other through the connecting attachment zones 55, as shown in figure 23 and disclosed in paragraph [0108].
With respect to claim 6, the attachment zones of Roe remain attached upon wetting to create permanent attachment zones, as disclosed in paragraph [0089].
With respect to claim 7, the connecting attachment zones 55 of Roe comprise straight portions, as shown in figure 23.
With respect to claim 8, the first, second, and connecting attachment zones of Roe collectively form a substantial U shape where the front connecting attachment zone meets the first and second attachment zones, as shown in figure 23.
With respect to claim 9, the first, second, and connecting attachment zones of Roe collectively form an enclosed region 128, as shown in figure 23.
With respect to claim 10, the enclosed region 128 of Roe has a polygon shape, as shown in figure 23.
With respect to claim 12, the plurality of attachment zones 26 and 55 of Roe are arranged symmetrically with respect to a longitudinal center axis of the absorbent core 28 extending between front and rear transverse edges 280 and 282, as shown in figure 23.
With respect to claim 13, modified Roe discloses all aspects of the claimed invention with the exception of the largest distance between the first and second attachment zones being 15-70% of the width of the absorbent core and being 10-100 mm. Roe discloses in paragraph [0086] that the smallest distance between the first and second attachment zones is 5 mm, and further discloses in paragraph [0110[ that the attachment zones should be far enough apart to allow recovery from compression forces, but not so far apart that they cause a wearer discomfort. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the largest distance between the first and second attachment zones in the range of 15-70% of the width of the absorbent core and in the range of 10-100 mm to achieve the predictable result of attachment zones that are spaced enough to allow recovery from compression forces, but not so far apart that they cause a wearer discomfort.
With respect to claim 14, the length of the first and second elongate attachment zones 26 of Roe is larger than 5% of the length of the absorbent core, as shown in figure 23.
With respect to claim 16, Roe discloses an absorbent article, as shown in figure 2, wherein the absorbent article is a baby diaper, as disclosed in paragraphs [0026] and [0028], comprising a liquid pervious topsheet 24, a liquid impervious backsheet 25, and an absorbent core 28 comprising an absorbent material 60 between a top core wrap sheet 16 and a bottom core wrap sheet 16’. The absorbent material comprises cellulosic fluff pulp and superabsorbent particles, as disclosed in paragraph [0048]. The absorbent core has first and second longitudinal side edges and front and rear transverse edges, as shown in figure 23. The absorbent core is provided with a plurality of attachment zones 26 where the top and bottom core wrap sheets 16 and 16’ are attached, as shown in figure 2. Substantially no absorbent material is present in the attachment zones 26, as disclosed in paragraphs [0009] and [0095]. The plurality of attachment zones comprises first and second elongate attachment zones 26 extending next to each other from a crotch region in the direction of the front and rear transverse edges 280 and 282, as shown in figure 23. At least one connecting channel 55 connect the first and second attachment zones 26, as shown in figure 23. The connecting attachment zones 55 comprise a front connection attachment zone connecting front end portions of the first and second attachment zones 26 and a rear connecting attachment zone connecting rear end portions of the first and second attachment zones 26, as shown in figure 23. At least one connecting attachment zone 55 extends in a transverse direction of the absorbent core, as shown in figure 23.
Roe discloses all aspects of the claimed invention with the exception of the first and second attachment zones being substantially parallel in the crotch region and diverging when extended toward the front edge, the top and bottom core wrap sheets being attached in the connecting attachment zones, connecting attachment zones connecting the front ends and rear ends of the first and second attachment zones, and at least one semi-permanent attachment zone configured to release after having been in contact with liquid for a predetermined period of time that is smaller than 30 seconds.
Roe discloses first and second attachment zones 26 that diverge towards the front edge of the article, as shown in figure 23. Roe further discloses in paragraph [0085] that the channels can be parallel to the longitudinal axis or curved with a radius of curvature of that varies. Changes in chape are considered to be a matter of choice absent persuasive evidence that the particular configuration is significant. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the first and second attachment zones of Roe parallel in the crotch region, since changes in shape are merely an obvious matter of design choice. In re Dailey, 149 USPT 47. Additionally, Ehrnsperger discloses an absorbent article comprising an absorbent core 60 with channels therein, as shown in figure 1, wherein the channels 261, 262 are parallel to each other in a portion of the crotch region and diverge towards the first transverse edge to allow the absorbent core to fold into a basin configuration to fit around a wearer, as shown in figure 8 and disclosed in paragraphs [0070-0071]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the first and second attachment zones of Roe parallel in the crotch region, as taught by Ehrnsperger, to combing known prior art elements to achieve the predictable result of providing an ergonomic fit around the wearer.
While Roe does not explicitly show or state that the core wrap sheets are attached to each other in the connection attachment zones, Roe discloses in paragraph [0108] that the connecting attachment zones 55 are lateral channels, and further discloses in paragraph [0089] that attaching the top and bottom core wrap sheets within a channel maintains the integrity of the channel. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to attach the top and bottom core wrap sheets of Roe in the connecting attachment zones to achieve the predictable result of maintaining the integrity of the channels.
Luceri discloses an absorbent article, as shown in figure 3, comprising attachment zones 14 formed in the absorbent core 16, as shown in figure 4. Luceri discloses providing a plurality of connecting attachment zones that extend laterally to connect the longitudinally extending attachment zones, as shown in figure 3. Luceri teaches providing connecting attachment zones at the front and rear ends of the attachment zones in addition to in the central portion to create distinct absorbing areas 15a and 15c, as shown in figure 3, that compartmentalize fluid in the pad to prevent it to flow to the edges of the pad, as disclosed in column 3, lines 5-11. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the article of Roe with connecting attachment zones at the front and rear ends of the first and second attachment zones, as taught by Luceri, to compartmentalize fluid in the pad to prevent it to flow to the edges of the pad.
Bianchi teaches an absorbent article, as shown in figures 1 and 14-16, in the same field of endeavor with semi-permanent channels 26 configured to release after having been in contact with liquid for a predetermined period of time, as disclosed in paragraphs [0041], [0082], and [0122], to provide additional swelling space for the absorbent materials, as disclosed in paragraph [0008]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the connecting channels of Roe be semi-permanent channels configured to release after contact with liquid, as taught by Bianchi, to provide additional swelling space for the absorbent material. It would further have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the predetermined time be smaller than 30 seconds to achieve the predictable result of bonds that release quickly upon contact with liquid so that the absorbent material can swell and absorb the liquid quickly.
With respect to claim 19, the first, second, and connecting attachment zones of Roe collectively form a substantial U shape where the front connecting attachment zone meets the first and second attachment zones, as shown in figure 23.
With respect to claims 21 and 24, Roe further discloses a third attachment zone 126 that extends in a longitudinal direction of the absorbent core including across the centerline 90’, as shown in figure 23, and therefore discloses a central third attachment zone.
With respect to claims 22 and 25, the length of the central third attachment zone 126 is longer than the length of the first and second attachment zones 26, as shown in figure 23, and therefore is at least 100%, which is greater than 20%, of the length of the first and second attachment zones.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 16 of provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 35 of copending Application No. 16/613,508 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the copending claims disclose all aspects of the present claims with the exception of front and rear connecting zones. The copending claims therefore anticipate the present claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 23 and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, Roe, does not disclose that the central third attachment zone is located at least partially between the first and second attachment zones. Instead, Roe discloses a third attachment zone 126 that is located laterally outside of the first and second attachment zones 26, as shown in figure 23. The prior art of record therefore does not disclose nor fairly suggest the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent 5,411,497 discloses semi-permanent channels in an absorbent core.
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.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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