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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/04/2025 has been entered.
Response to Amendment
The remarks and claim amendments, filed on 02/04/2025, have been entered. Claims 1-34 are pending. Claims 1 and 26 are amended.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Though overall the same prior art references are used herein, at least applicant’s amended independent claims 1 and 26 and request for continued examination required a change in the grounds of rejection as detailed below in the prior art rejection.
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.
Claim(s) 1, 5, 7, 9, 11, 15, 17, 23-27, 31-32, and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arakawa et al. (Patent No. US 5,942,308 A).
Regarding claim 1, Arakawa discloses a fastener tape assembly (annotated Figure 19 below) comprising:
a fastening component defining a first face for affixment to a disposable article or substrate and an oppositely directed second face (fastening component with first face with adhesive 2 to be fixed to an article and the second face is the opposing side; annotated Figure 19 below; Column 9, lines 24-39);
a connecting component (connecting component comprises bonding component and extension component; annotated Figure 19 below), wherein the connecting component comprises:
a bonding component defining a first face for affixment to a disposable article or substrate and an oppositely directed second face (bonding component with a first face with adhesive 2 to fix onto the article and the second face is the opposing side; annotated Figure 19 below), wherein the bonding component comprises a length (bonding component has a length; annotated Figure 19 below); and
an extension component generally disposed between the fastening component and the bonding component (extension component is disposed between the fastening component and bonding component; annotated Figure 19 below), wherein the extension component comprises a length (extension component has a length; annotated Figure 19 below);
wherein the first face of the fastening component is at least partially covered by an adhesive (fastening component with the first face covered by adhesive 2; annotated Figure 19 below; Column 9, lines 24-39); and
wherein the first face of the bonding component is at least partially covered by an adhesive (bonding component has a first face that is covered by the adhesive 2; annotated Figure 19 below); and
wherein the extension component comprises a folded edge and further comprises an adhesive free portion between the folded edge of the extension component and the bonding component (extension component has a folded edge with no adhesive present; annotated Figure 19 below);
wherein, when the fastener tape assembly is non-extended, the extension component and the bonding component are laterally adjacent, such that their lengths are end-to-end (fastener tape is non-extended – extension and bonding components are laterally adjacent to each other; annotated Figure 19 below), and
wherein the adhesive on the fastening component and the adhesive on the bonding component are configured to attach to an outer surface of the disposable article or substrate (both adhesives 2 of bonding component and fastening component are attached on the outer surface of the diaper; Column 9, lines 24-39; annotated Figure 19 below and Figure 27).
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Annotated Figure 19
Regarding claim 5, Arakawa discloses the fastener tape assembly of claim 1. Arakawa further discloses wherein the adhesive of the fastening component is a pressure sensitive adhesive (Column 9; lines 31-39).
Regarding claim 7, Arakawa discloses the fastener tape assembly of claim 1. Arakawa further discloses wherein the bonding component and extension component are manufactured together as one piece or unit and the adhesive of the bonding component is applied to the first face of the bonding component (tape is integral molded and made into one piece and bonding component has adhesive at first face; Column 11, lines 16-34; annotated Figure 19 above).
Regarding claim 9, Arakawa discloses the fastener tape assembly of claim 1. Arakawa further discloses wherein the adhesive of the bonding component is a pressure sensitive adhesive (Column 9; lines 31-39).
Regarding claim 11, Arakawa discloses the fastener tape of claim 1. Arakawa further discloses wherein the fastener assembly further comprises a finger lift at least partially affixed to the fastening component (pinching piece 5 on the fastening component; see annotated Figure 19 above; Column 9, lines 24-39).
Regarding claim 15, Arakawa discloses the fastener tape assembly of claim 1. Arakawa does not teach wherein the distal edge of the fastening component extends beyond the extension component and the bonding component (distal edge of fastening component comprises a finger lift 5 which extends further than the extension and bonding component; annotated Figure 19 above; Column 5, lines 23-37).
Regarding claim 17, Arakawa discloses the fastener tape of claim 1. Arakawa further discloses wherein the extension component is essentially free of adhesive (extension component does not have adhesive; annotated Figure 19 above).
Regarding claim 23, Arakawa discloses the fastener tape of claim 1. Arakawa further discloses wherein the fastener tape assembly is in a roll form (Column 4, lines 48-59).
Regarding claim 24, Arakawa discloses the fastener tape assembly of claim 1. Arakawa further discloses method of making the fastener tape assembly (Column 11, lines 16-34).
Regarding claim 25, Arakawa discloses the fastener tape assembly of claim 1. Arakawa further discloses an article including a fastener tape assembly of Claim 1 (Column 11, lines 42-50; Figure 26).
Regarding claim 26, Arakawa discloses an article (Column 11, lines 42-50; Figure 26) including a fastener tape assembly (annotated Figure 19 above), the fastener tape assembly comprising:
a fastening component defining a first face for affixment to a disposable article or substrate and an oppositely directed second face (fastening component with first face with adhesive 2 to be fixed to an article and the second face is the opposing side; annotated Figure 19 above; Column 9, lines 24-39); and
a connecting component (connecting component comprises bonding component and extension component; annotated Figure 19 above), wherein the connecting component comprises:
a bonding component defining a first face for affixment to a disposable article or substrate and an oppositely directed second face (bonding component with a first face with adhesive 2 to fix onto the article and the second face is the opposing side; annotated Figure 19 above), wherein the bonding component comprises a length (bonding component has a length; annotated Figure 19 above); and
an extension component generally disposed between the fastening component and the bonding component (extension component is disposed between the fastening component and bonding component; annotated Figure 19 above), wherein the extension component comprises a length (extension component has a length; annotated Figure 19 above);
wherein the first face of the fastening component is at least partially covered by an adhesive (fastening component with the first face covered by adhesive 2; annotated Figure 19 above; Column 9, lines 24-39); and
wherein the first face of the bonding component is at least partially covered by an adhesive (bonding component has a first face that is covered by the adhesive 2; annotated Figure 19 above); and
wherein the extension component comprises a folded edge and further comprises an adhesive free portion between the folded edge of the extension component and the bonding component (extension component has a folded edge with no adhesive present; annotated Figure 19 above);
wherein, when the fastener tape assembly is non-extended, the extension component and the bonding component are laterally adjacent, such that their lengths are end-to-end (fastener tape is non-extended – extension and bonding components are laterally adjacent to each other; annotated Figure 19 above), and
wherein the adhesive on the fastening component and the adhesive on the bonding component are configured to attach to an outer surface of the disposable article or substrate (both adhesives 2 of bonding component and fastening component are attached on the outer surface of the diaper; Column 9, lines 24-39; annotated Figure 19 above and Figure 27).
Regarding claim 27, Arakawa discloses the article of claim 26. Arakawa further discloses wherein the fastener tape assembly comprises the extension component essentially free of adhesive (extension component does not have adhesive; annotated Figure 19 above).
Regarding claim 31, Arakawa discloses the article of claim 26. Arakawa further discloses wherein the article is a diaper (Column 11, lines 42-50; Figure 26).
Regarding claim 32, Arakawa discloses the article of claim 31. Arakawa further discloses wherein the diaper is a pant diaper (Column 11, lines 42-50; Figure 26).
Regarding claim 34, Arakawa discloses the article of claim 26. Arakawa further discloses wherein the bonding component and extension component are manufactured together as one piece or and the adhesive of the bonding component is applied to the first face of the bonding component (tape is integral molded and made into one piece and bonding component has adhesive at first face; Column 11, lines 16-34; annotated Figure 19 above).
Claim Rejections - 35 USC § 103
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) 2-3, 10, 14, 16, 18, 20-21, 28, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Arakawa et al. (Patent No. US 5,942,308 A).
Regarding claim 2, Arakawa discloses the fastener tape assembly of claim 1. The embodiment of Figure 19 of Arakawa does not teach wherein the adhesive of the fastening component is provided in an adhesive region on the first face of the fastening component to thereby bond the fastening component with the extension component.
However, the embodiment of Figure 18 of Arakawa teaches wherein the adhesive of the fastening component is provided in an adhesive region on the first face of the fastening component to thereby bond the fastening component with the extension component (fastening component has adhesive in first face to bond the fastening component with the extension component; Column 9, lines 10-22).
Arakawa is analogous to the claimed invention because it is in the same field of fastener assemblies for absorbent articles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa to incorporate the teachings of the embodiment of Figure 18 of Arakawa and have the fastening component with the adhesive to bond the fastening component with the extension component. This allows for the tape to be held in V-form to prevent the adhesive to be accidently adhered to other places (Arakawa; Column 9, lines 10-22). Regarding claim 3, Arakawa discloses the fastener tape assembly of claim 1. The embodiment of Figure 19 of Arakawa does not teach wherein the fastening component further comprises hooks.
However, the embodiment of Figure 8 of Arakawa teaches wherein the fastening component further comprises hooks (hooks 6 on fastening portion A1; Figure 8; Column 5, lines 54-64), wherein adhesive or hook-form fastening can be used for the assembly (Column 8, lines 4-6).
Since the prior art of Arakawa recognizes hooks as a type of fastener and is analogous to the claimed invention in the field of fastening assemblies for absorbent articles, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the hook fastener be the fastening component, as taught by Arakawa, as it is merely the selection of functionally equivalent fastening components recognized in the art, with the function of fastenings articles together, and one of ordinary skill in the art would have a reasonable expectation of doing so. The simple substitution of one known element for another is obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 - 97 (2007) (see MPEP § 2143, B.).
Regarding claim 10, Arakawa discloses the fastener tape assembly of claim 1. The embodiment of Figure 19 of Arakawa does not teach wherein the folded edge of the extension component is a U-bond or a Y-bond.
However, the embodiment of Figure 5 of Arakawa teaches wherein the folded edge of the extension component is a U-bond or a Y-bond (extension component is bonded to the fastening and bonding components and into a U-shape; Figure 5; Column 5, lines 23-37).
Arakawa is analogous to the claimed invention because it is in the same field of fastener assemblies for absorbent articles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa to incorporate the teachings of the embodiment of Figure 5 of Arakawa and have the extension component to be bonded into a U-shape between the fastening and bonding components. This allows for the components of the assembly to be manufactured separately (Arakawa; Column 5, lines 23-37).
Regarding claim 14, Arakawa discloses the fastener tape assembly of claim 1. The embodiment of Figure 19 of Arakawa does not teach wherein the extension component and the bonding component extend beyond the distal edge of the fastening component.
However, the embodiment of Figure 18 of Arakawa teaches wherein the extension component and the bonding component extend beyond the distal edge of the fastening component (bonding and extension component extends beyond the distal edge of the fastening component; Column 9, lines 10-22; Figure 18).
Arakawa is analogous to the claimed invention because it is in the same field of fastener assemblies for absorbent articles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa to incorporate the teachings of the embodiment of Figure 18 of Arakawa and have the fastening component with the adhesive to bond the fastening component with the extension component. This allows for the tape to be held in V-form to prevent the adhesive to be accidently adhered to other places (Arakawa; Column 9, lines 10-22).
Regarding claim 16, Arakawa discloses the fastener tape assembly of claim 1. The embodiment of Figure 19 of Arakawa does not teach wherein the distal edge of the fastening component extends beyond the separate extension edge of the extension component.
However, the embodiment of Figure 5 of Arakawa teaches wherein the distal edge of the fastening component extends beyond the separate extension edge of the extension component (distal edge of fastening component extends beyond the separate extension B edge of the extension component; Figure 5; Column 5, lines 23-37).
Arakawa is analogous to the claimed invention because it is in the same field of fastener assemblies for absorbent articles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa to incorporate the teachings of the embodiment of Figure 5 of Arakawa and have the extension component to be separate from the fastening and bonding components. This allows for the components of the assembly to be manufactured separately (Arakawa; Column 5, lines 23-37).
In addition, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have made the bonding and extension components of Arakawa separable, since that it has been held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961)(MPEP 2144.04 V.C.).
Regarding claim 18, Arakawa discloses the fastener tape assembly of claim 1. The embodiment of Figure 19 of Arakawa does not teach wherein the extension component is at least partially covered by the adhesive.
However, the embodiment of Figure 4 of Arakawa teaches wherein the extension component is at least partially covered by the adhesive (portion B has adhesive layer 2; Column 5, lines 8-22).
Arakawa is analogous to the claimed invention because it is in the same field of fastener assemblies for absorbent articles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa to incorporate the teachings of the embodiment of Figure 4 of Arakawa and have the adhesive on the extension component. This allows for the portion to be temporarily joined when the tape is not in use (Arakawa; Column 5, lines 8-22).
Regarding claim 20, Arakawa teaches the fastener tape assembly of claim 18. The modified Arakawa further teaches wherein the adhesive of the extension component is a pressure sensitive adhesive (Column 5, lines 8-22).
Regarding claim 21, Arakawa discloses the fastener tape assembly of claim 1. The embodiment of Figure 19 of Arakawa does not teach further comprising a release layer on at least one of the bonding component and the extension component.
However, the embodiment of Figure 18 of Arakawa teaches comprising a release layer on at least one of the bonding component and the extension component (release layer 3 on extension portion B and bonding component A2; Figure 18; Column 9, lines 10-22).
Arakawa is analogous to the claimed invention because it is in the same field of fastener assemblies for absorbent articles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa to incorporate the teachings of the embodiment of Figure 18 of Arakawa and have the release layers on the extension and bonding component. This allows for the tape to be re-peeled when desired for use (Arakawa; Column 6, lines 33-38).
Regarding claim 28, Arakawa discloses the article of claim 26. The embodiment of Figure 19 of Arakawa does not teach wherein the fastener tape assembly comprises the extension component at least partially covered by an adhesive.
However, the embodiment of Figure 4 of Arakawa teaches wherein the extension component is at least partially covered by the adhesive (portion B has adhesive layer 2; Column 5, lines 8-22).
Arakawa is analogous to the claimed invention because it is in the same field of fastener assemblies for absorbent articles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa to incorporate the teachings of the embodiment of Figure 4 of Arakawa and have the adhesive on the extension component. This allows for the portion to be temporarily joined when the tape is not in use (Arakawa; Column 5, lines 8-22).
Regarding claim 30, Arakawa discloses the article of claim 28. The modified Arakawa further teaches wherein the adhesive of the extension component is a pressure sensitive adhesive (Column 5, lines 8-22).
Claim(s) 4, 8, 13, 19, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Arakawa et al. (Patent No. US 5,942,308 A) in view of Bogaerts et al. (Publication No. US 2014/0010984 A1).
Regarding claim 4, Arakawa discloses the fastener tape assembly of claim 1. Arakawa does not teach wherein the adhesive of the fastening component is at least partially patterned.
However, Bogaerts teaches wherein the adhesive of the fastening component is at least partially patterned (adhesive 24 has adhesive free-regions formed by adhesive patterning methods; Paragraph 0057).
Arakawa and Bogaerts are both considered to be analogous to the claimed invention because they are in the same field of absorbent articles with fasteners. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa with the teachings of Bogaerts and have the adhesive of the fastening component of Arakawa to be patterned, as taught by Bogaerts. This would allow for high lamination forces promotes bonding between an adhesive and a non-woven material (Bogaerts; Paragraph 0044).
Regarding claim 8, Arakawa discloses the fastener tape assembly of claim 1. Arakawa does not teach wherein the adhesive of the bonding component is at least partially patterned.
However, Bogaerts teaches wherein the adhesive of the bonding component is at least partially patterned (adhesive 54 of bonding component is applied as a pattern; Paragraph 0050).
Arakawa and Bogaerts are both considered to be analogous to the claimed invention because they are in the same field of absorbent articles with fasteners. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa with the teachings of Bogaerts and have the adhesive of the bonding component of Arakawa to be patterned, as taught by Bogaerts. This would allow for high lamination forces promotes bonding between an adhesive and a non-woven material (Bogaerts; Paragraph 0044).
Regarding claim 13, Arakawa discloses the fastener tape assembly of claim 1. Arakawa does not teach wherein a connecting edge of the fastening component extends beyond the extension component.
However, Bogaerts teaches wherein a connecting edge of the fastening component extends beyond the extension component (proximal edge of fastening portion 20 extends beyond extension component past the bond region between the fastening portion 20 and extension component; Figure 3; Paragraph 0053).
Arakawa and Bogaerts are both considered to be analogous to the claimed invention because they are in the same field of absorbent articles with fasteners. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa with the teachings of Bogaerts and have the connecting edge of Arakawa to extend beyond the extension component, as taught by Bogaerts. This would allow for the connecting component to additionally adhere to the outer surface of the article for securing the assembly to the article (Bogaerts; Figure 2; Paragraph 0053).
Regarding claim 19, Arakawa teaches the fastener tape assembly of claim 18. Arakawa does not teach wherein the adhesive of the extension component is at least partially patterned.
However, Bogaerts teaches wherein the adhesive of the extension component is at least partially patterned (extension component has adhesive 54 that is patterned; Paragraph 0050; Figure 5).
Arakawa and Bogaerts are both considered to be analogous to the claimed invention because they are in the same field of absorbent articles with fasteners. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa with the teachings of Bogaerts and have the adhesive of the extension component of Arakawa to be patterned, as taught by Bogaerts. This would allow for high lamination forces promotes bonding between an adhesive and a non-woven material (Bogaerts; Paragraph 0044).
Regarding claim 29, Arakawa teaches the fastener tape assembly of claim 28. Arakawa does not teach wherein the adhesive of the extension component is at least partially patterned.
However, Bogaerts teaches wherein the adhesive of the extension component is at least partially patterned (extension component has adhesive 54 that is patterned; Paragraph 0050; Figure 5).
Arakawa and Bogaerts are both considered to be analogous to the claimed invention because they are in the same field of absorbent articles with fasteners. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa with the teachings of Bogaerts and have the adhesive of the extension component of Arakawa to be patterned, as taught by Bogaerts. This would allow for high lamination forces promotes bonding between an adhesive and a non-woven material (Bogaerts; Paragraph 0044).
Claim(s) 6 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Arakawa et al. (Patent No. US 5,942,308 A) in view of Kinnear et al. (Patent No. US 6,719,744 B2).
Regarding claim 6, Arakawa discloses the fastener tape assembly of claim 1. Arakawa does not teach wherein the bonding component and extension component are manufactured separately and the adhesive of the bonding component is provided in an adhesive region on the first face of the bonding component to thereby at least partially bond the bonding component with the extension component.
However, Kinnear teaches wherein the bonding component and extension component are manufactured separately (non-elastic adhesive tapes 20 and 30 are separate pieces; Figure 8; Column 9, lines 31-61) and the adhesive of the bonding component is provided in an adhesive region on the first face of the bonding component to thereby at least partially bond the bonding component with the extension component (adhesive tape 30 has adhesive piece 22 on its first face that is adjacent and connected to adhesive piece 22 of tape 20 and bonded to each other with elastic film 16; Figure 8; Column 9, lines 31-61).
Arakawa and Kinnear are both considered to be analogous to the claimed invention because they are in the same field of absorbent articles with fasteners. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa with the teachings of Kinnear and have the extension and bonding components of Arakawa be separated yet adhered together, with the adhesive of the bonding component adjacent to the adhesive of the extension component, as taught by Kinnear. This would allow for the elastic movement of the tape assembly with the elastic connection between the pieces when stretched (Kinnear; Column 9; lines 31-61). In addition, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have made the bonding and extension components of Arakawa separable, since that it has been held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961)(MPEP 2144.04 V.C.).
Regarding claim 33, Arakawa discloses the article of claim 26. Arakawa does not teach wherein the bonding component and extension component are manufactured separately and the adhesive of the bonding component is provided in an adhesive region on the first face of the bonding component to thereby at least partially bond the bonding component with the extension component.
However, Kinnear teaches wherein the bonding component and extension component are manufactured separately (non-elastic adhesive tapes 20 and 30 are separate pieces; Figure 8; Column 9, lines 31-61) and the adhesive of the bonding component is provided in an adhesive region on the first face of the bonding component to thereby at least partially bond the bonding component with the extension component (adhesive tape 30 has adhesive piece 22 that is adjacent and connected to adhesive piece 22 of tape 20 and bonded to each other with elastic film 16; Figure 8; Column 9, lines 31-61).
Arakawa and Kinnear are both considered to be analogous to the claimed invention because they are in the same field of absorbent articles with fasteners. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa with the teachings of Kinnear and have the extension and bonding components of Arakawa be separated yet adhered together, with the adhesive of the bonding component adjacent to the adhesive of the extension component, as taught by Kinnear. This would allow for the elastic movement of the tape assembly with the elastic connection between the pieces when stretched (Kinnear; Column 9; lines 31-61). In addition, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have made the bonding and extension components of Arakawa separable, since that it has been held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961)(MPEP 2144.04 V.C.).
Claim(s) 12 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Arakawa et al. (Patent No. US 5,942,308 A) in view of Molee (Publication No. US 2003/0153891 A1).
Regarding claim 12, Arakawa discloses the fastener tape assembly of claim 1. Arakawa does not teach wherein the fastener assembly further comprises at least one perforation in the fastening component.
However, Molee teaches wherein the fastener assembly further comprises at least one perforation in the fastening component (disposal fastening mechanism 310 has perforations for user to remove; Paragraph 0093).
Arakawa and Molee are both considered to be analogous to the claimed invention because they are in the same field of absorbent articles with fasteners. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa with the teachings of Molee and have perforations on the disposal fastening mechanism/fastening component of Arakawa. This would allow for the user to remove the fastening mechanism from the garment and tie the rolled up used garment (Molee; Paragraph 0093).
Regarding claim 22, Arakawa discloses the fastening tape assembly of claim 1. Arakawa does not teach further comprising at least one optional perforation in the fastening component.
However, Molee teaches further comprising at least one optional perforation in the fastening component (disposal fastening mechanism 310 has perforations for user to remove; Paragraph 0093).
Arakawa and Molee are both considered to be analogous to the claimed invention because they are in the same field of absorbent articles with fasteners. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Arakawa with the teachings of Molee and have perforations on the disposal fastening mechanism/fastening component of Bogaerts. This would allow for the user to remove the fastening mechanism from the garment and tie the rolled up used garment (Molee; Paragraph 0093).
Conclusion
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/KATHERINE-PH MINH PHAM/Examiner, Art Unit 3781 /REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781