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 .
Disposition of Claims
Claims 5-7 are pending in the application. Claims 1-4 and 8-10 have been cancelled.
Amendments to claims 5-7, filed on 5/26/2026, have been entered in the above-identified application.
Claim Rejections - 35 USC § 102 or 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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) 5 and 7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Arizti (US 2015/0282998 A1).
Regarding claim 5, Arizti’s disclosure applies to any suitable form of absorbent articles (e.g., training pants, taped diapers, adult incontinence products-in either taped or pant forms) (a double-layer waist band, as claimed) ([0069] and [0089]). The absorbent articles comprise, on a wearer-facing surface of the absorbent article, a first zone in a front visual portion and a second zone in a visual back portion (Abstract and [0140]). Referring to FIG. 15, a topsheet 24 comprises a first zone Z1 and a second zone Z2 ([0140]). Either of, or both of, zones Z1 or Z2 may comprise apertures (also referred to as geometric treatments) ([0140] and [0073]). Zone Z1 (an elongated skin-contacting hydrophobic apertured section) may comprise a substantially transferrable chemical treatment that may be hydrophobic, and zone Z2 (an elongated hydrophilic apertured section) may comprise a substantially transferrable chemical treatment that may have a different hydrophilicity ([0143]). Although not illustrated in FIG. 15, the absorbent article may comprise barrier leg cuffs and a waist edge ([0142]). The examiner notes that the unfolded configuration of the absorbent article would be capable of being folded longitudinally about a midline between zone Z1 and zone Z2 to form a double-layer waistband such that the entirety of zone Z1 is directly adjacent a skin of a wearer and the entirety of zone Z2 is more distal from the skin of a wearer than zone Z1. Therefore, Arizti meets the claimed limitations, including the claimed waistband.
As applied above, Arizti teaches absorbent articles in the form of training pants, taped diapers or adult incontinence pants, which meets the claimed waistband limitation. In the alternative, Arizti teaches, in an embodiment, that the absorbent article may also comprise typical elements, which are not represented, such as a rear elastic waist feature and a front elastic waist feature, for example ([0090]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the absorbent articles of Arizti with rear and front elastic waist features because Arizti teaches that these are typical elements in absorbent articles ([0089]-[0090] and [0069]). The examiner notes that such absorbent articles, as articles of clothing having an elastic section configured to hold or secure a textile in place on a wearer, meet the claimed waistband limitation.
Regarding claim 7, the examiner notes that Arizti teaches polypropylene fibers ([0095]). Arizti further teaches that any of various zone or portions of the top sheets may also comprise one or more active ingredients, enzyme inhibitors, and/or vitamins ([0194]). An example of an active ingredient is zinc oxide ([0194]).
Claim(s) 5-7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bower et al. (US 2013/0318676 A1).
Regarding claim 5, Bower teaches an apparatus 2 that forms a breathable strap 40 ([0073] and FIG. 8). In this example the strap is formed as a stretchable continuous loop, which may be stretched to fit over a hand onto a wrist with a close fit ([0074]).
In FIG. 1, the apparatus 2 comprises: an internal structure 10 with passages 12; and a hydrophilic wicking material 4 ([0021]). The apparatus 2 may also comprise a hydrophobic material 6 ([0033]). The hydrophobic material 6 is positioned on the exterior side 16 of the internal structure 10 ([0033]). As shown in FIG. 2, layer 6 may extend beneath region 16 to some extent, which might help to prevent dirt ingress whilst still allowing for effective moisture removal ([0035]). The wicking material 4 may be formed from a porous material ([0032]). The hydrophobic material may be porous to provide capillarity ([0037]).
The examiner notes that the hydrophobic material 6, or a section thereof, would therefore meet the claimed elongated skin-contacting hydrophobic apertured section limitation, and the wicking material 4, or a section thereof, would meet the claimed elongated hydrophilic apertured section limitation. For instance, if the apparatus 2 as shown in FIG. 2 is viewed facing the surface 8, the examiner notes that this view of the apparatus 2 would represent an un-folded configuration of apparatus 2 in which a midline can be seen between the hydrophobic material 6 (or a section of hydrophobic material 6) and the wicking material 4 (or a section of wicking material 4) at either the left or right of FIG. 2. This un-folded configuration would be capable of being folded longitudinally about the midline to form a double-layer waistband such that the entirety of an elongated hydrophobic apertured section is directly adjacent a skin of a wearer and the entirety of an elongated hydrophilic apertured section is more distal from the skin of a wearer. In this regard, the examiner notes that the sizes of the claimed sections are not limited.
In the alternative, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have expected that, based on the un-folded configuration of the apparatus 2 represented by FIG. 2 of Bower, an entirety of an elongated section of Bower’s hydrophobic material 6 would be capable of being placed directly adjacent a skin of a wearer, and an entirety of an elongated section of Bower’s wicking material 4 would be capable of being more distal from the skin of a wearer when the two sections are folded about a midline between the sections.
Regarding claim 6, with respect to the wicking material 4, Bower teaches that examples of suitable material include, but are not limited to: woven or non-woven fibers; polymers (e.g. Polypropylene (PP), Polyester); cellulose or natural textile such as cotton or Merino Wool; technical textile such as polartec® which uses a bi-component structure of aligned fibers to draw in moisture and spread it laterally ([0032]). The examiner notes that the internal structure 10 may also be present within the wicking material 4 (see [0047], [0049] and FIG. 2). The resilient internal structure 10 is formed from a single piece of elastic material ([0046]). The material may be elastomeric ([0046]). As illustrated in cross-section in FIGS. 2, 4 and 5 and in top-plan view in FIG. 3, the resilient internal structure 10 comprises a web formed from a continuum of material that has a plurality of holes through the continuum ([0047]). Thus the examiner notes that the wicking material 4 would include elastomeric yarns in the form of the web of internal structure 10.
Bower also teaches that suitable materials for the hydrophobic material 6 may include: porous Polytetrafluoroethylene (PTFE) or other fluoropolymer materials which have intrinsically low surface energy; Porous Nylon, Polyester, Polypropylene which are subsequently treated with a hydrophobic material to lower their intrinsic surface energy ([0039]-[0041]). The hydrophobic material 6 may be created by deposition of a porous hydrophobic material on the outer surface of the hydrophilic wicking material 4, for instance by using a plasma deposition, dip-coating or spraying of a fluoropolymer, silicone, fluoro-silicone or wax-like material ([0042]). In the alternative, Samardzija is applied below.
Regarding claim 7, Bower teaches that some or all of the components of the apparatus 2 may be treated with bacteria-killing substances, such as silver particles ([0078]).
Claim Rejections - 35 USC § 103
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Arizti (US 2015/0282998 A1), as applied to claim 5 above, further in view of Berland et al. (US 2010/0228213 A1).
Regarding claim 6, Arizti remains as applied above.
Arizti further teaches that a suitable topsheet may be manufactured from a wide range of materials, such as porous foams, reticulated foams, apertured plastic films, or woven or nonwoven materials of natural fibers (e.g., wood or cotton fibers), synthetic fibers or filaments (e.g., polyester or polypropylene or bicomponent PE/PP fibers or mixtures thereof), or a combination of natural and synthetic fibers ([0095]).
Arizti does not explicitly disclose wherein the polypropylene yarn is in combination with elastomeric yarn, or wherein polyester, acrylic, viscose, cotton, wool or blended yarns thereof is/are in combination with elastomeric yarn.
However, Berland teaches an absorbent article such as a diaper, panty diaper, panty liner, sanitary napkin or incontinence protection (Abstract). A suitable topsheet may be manufactured from a wide range of materials such as woven and nonwoven materials (e.g. a nonwoven web of fibers), polymeric materials such as apertured plastic films, e.g. apertured formed thermoplastic films and hydroformed thermoplastic films; porous foams; reticulated foams; reticulated thermoplastic films; and thermoplastic scrims ([0038]). Suitable woven and nonwoven materials can be comprised of natural fibers or from a combination of natural and synthetic fibers ([0038]). Examples of suitable synthetic fibers which may comprise all or part of the top sheet include but are not limited to polyamide (e.g. nylon), acrylic (e.g. polyacrylonitrile), aromatic polyamide (e.g. aramide), polyolefin (e.g. polyethylene and polypropylene), polyester, butadiene- styrene block copolymers, natural rubber, latex, spandex (polyurethane) and combinations thereof ([0038]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have made the topsheet from woven or nonwoven materials of polyamide (e.g. nylon), acrylic (e.g. polyacrylonitrile), aromatic polyamide (e.g. aramide), polyolefin (e.g. polyethylene and polypropylene), polyester, butadiene-styrene block copolymers, natural rubber, latex, spandex (polyurethane) and combinations thereof as Berland teaches that these are suitable materials for topsheets of absorbent articles, and it would further have been obvious to more specifically include spandex in order to adjust the degree of stretchability of the absorbent articles.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bower et al. (US 2013/0318676 A1), as applied to claim 5 above, in view of Samardzija (US 2018/0235325 A1).
Regarding claim 6, Bower remains as applied above.
In the event that Bower doesn’t teach wherein the elongated hydrophobic elongated apertured section comprises elastomeric yarn, Samardzija is applied below.
Samardzija teaches a wristband that comprises a band 150 (FIGS 1-13) ([0041]). The band 150 may have any size (including any length and/or width), and may have any desirable configuration ([0041]). Additionally, the band 150 may be formed from any suitable material, such as a fabric including those made from natural fibers and/or synthetic fibers ([0041]). Non-limiting examples of fabrics having synthetic fibers include polyesters, acrylics, nylons, rayon, acetates, spandex, and/or combinations thereof ([0041]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have combined the hydrophobic fibers in the band of Bower with spandex fibers in order to adjust the stretchability of the band and/or in order to obtain a wristband that can alternatively be placed, located, positioned, and/or worn on or around a person's arm, ankle, leg, neck, waist, head, and/or any other portion of a person's body (see [0019] and [0041] of Samardzija).
Response to Arguments
Applicant's arguments filed 5/26/2026 have been fully considered but they are not persuasive.
Applicant contends the following: “The Action's characterization of these limitations as mere "intended use" is improper because the claim elements define a specific structural configuration with an inherent functional relationship. Claim 5, as amended, requires the hydrophobic section to be "directly adjacent a skin of a wearer" and the hydrophilic section to be "more distal from the skin of a wearer than the elongated skin-contacting hydrophobic apertured section." This is not merely intended use but defines with particularity the structural arrangement of the double-layer waistband when folded about the midline. These terms precisely define present structural attributes of interrelated component parts of the double-layer waistband.”
Regarding this contention, claim 5 recites the limitation “the un-folded configuration being configured to be folded longitudinally about the midline to form a double-layer waistband such that the entirety of the elongated hydrophobic apertured section is directly adjacent a skin of a wearer and the entirety of the elongated hydrophilic apertured section is more distal from the skin of a wearer than the elongated skin-contacting hydrophobic apertured section.” This limitation is interpreted as an intended use limitation because, as claimed, the un-folded configuration is “configured to be folded” in the manner claimed.
Applicant contends the following: “Bower's structure-function relationship is the opposite of what is claimed. Bower explicitly teaches that the hydrophilic wicking material 4 "form[s] an exterior contact surface 8 for placement adjacent a user's skin." Bower, paragraph [0030]. Bower further teaches that "the hydrophobic material may be configured so that it does not contact the user's skin when the apparatus 2 is in use." Bower, paragraph [0035]. Additionally, Bower teaches that "the hydrophobic material 6 wraps around the apparatus 2 on all sides covering all of the exterior regions of the apparatus 2 except the contact surface 8 where the hydrophilic wicking material 4 is exposed." Bower, paragraph [0044]. Bower's moisture management function depends on this arrangement. which is opposite to that which is claimed….There is no motivation to reverse Bower's arrangement, and doing so would defeat Bower's purpose.”
Regarding these contentions, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Bower teaches an apparatus 2 that forms a breathable strap. The strap is formed as a stretchable continuous loop and is therefore folded as claimed. The loop may be stretched to fit over a hand onto a wrist. An embodiment of Bower's apparatus 2 is shown in an unfolded configuration in FIG. 2, wherein, for instance, a midline is shown between the hydrophobic material 6 and the hydrophilic wicking material 4 at outer surface 8 of the apparatus 2. Bower teaches that surface 8 is an outer surface available for contact with skin. Therefore, when apparatus 2 is folded to form a loop, at least at outer surface 8, the hydrophobic material 6 (or an entire section thereof) would be capable of being placed directly adjacent a skin of a wearer, and the hydrophilic wicking material 4 (or an entire section thereof) would be capable of being placed more distal from the skin of a wearer than the hydrophobic material 6 (or an entire section thereof). Therefore, Bower's apparatus 2 meets the claims, as the structure of Bower is capable of performing the claimed intended use.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Worrell whose telephone number is (571)270-7728. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached on 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kevin Worrell/Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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