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 27 August 2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that the prior art does not disclose the average area, average length, average width, and average perimeter of the apertures, it is noted that Kurihara discloses dimensions for the apertures that overlap the claimed ranges, and Hammons discloses motivation to optimize the claimed ranges.
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) 1-5, 7-10, 12-15, and 17-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammons et al. (9,844,476) in view of Kurihara et al. (2018/0344537).
With respect to claims 1 and 18, Hammons discloses an absorbent article, as shown in figure 5, comprising a liquid permeable topsheet 26, a liquid impermeable backsheet 22, and an absorbent core 24, as shown in figure 6. The topsheet comprises a wearer-facing nonwoven material 26 comprising three-dimensional features 3 and apertures 8 and forms the wearer-facing surface of the topsheet, as shown in figure 2. A garment-facing nonwoven material 27 forms a garment-facing surface of the topsheet, as shown in figure 2. The wearer-facing nonwoven material 26 comprises a plurality of generally planar regions 2 that do not overlap with the three-dimensional features 3, as shown in figure 5. The three-dimensional features 3 are positioned in zones that do not overlap and extend outwardly from the generally planar regions 2, as shown in figure 5. The generally planar regions have at least 10 and less than 35 apertures, as shown in figure 5.
Hammons discloses all aspects of the claimed invention with the exception of the wearer-facing nonwoven material comprising at least 50% natural, plant-based fibers by weight. Kurihara discloses an absorbent article comprising a topsheet having a wearer-facing nonwoven material 3 and a garment-facing nonwoven material 6, as shown in figure 1. Kurihara teaches making the wearer-facing nonwoven material from 100% cotton by weight, as disclosed in paragraph [0013], to provide a soft texture, as disclosed in paragraph [0005]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the wearer-facing nonwoven material of Hammons to comprise at least 50% natural, plant-based fibers by weight, as taught by Kurihara, to provide the material with a soft texture.
Modified Hammons does not disclose the wearer-facing surface of the topsheet having a surface bearing area ratio % measured under 1.86 kPa of greater than 45%, a ratio of root mean square height under 1.86 kPa and 0 kPa of less than 0.8, and a Sq. measured under 0 kPa between about 130-400 microns. The surface bearing area ratio % is described in the present specification as being a measure of contact between the skin of the wearer and the wearer-facing material, and the ratio of root mean square height is an indication of how compliant the material is. Hammons discloses in column 3, lines 10-12, that the three-dimensional features of the wearer-facing surface of the topsheet contribute to the softness and flexibility, and improve wearer comfort. Hammons therefore discloses a desire for the wearer-facing surface to be compliant (i.e. flexible) and have a comfortable level of contact with the wearer’s skin. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the wearer-facing surface of the topsheet of Hammons with a surface bearing area ratio % measured under 1.86 kPa of greater than 45%, a ratio of root mean square height under 1.86 kPa and 0 kPa of less than 0.8, and a Sq. measured under 0 kPa between about 130-400 microns to achieve the predictable result of a topsheet that is flexible and comfortable to the wearer.
Modified Hammons discloses all aspects of the claimed invention with the exception of at least a portion of the apertures having an average area of about 0.1-1.5 mm2, an average aperture length of about 0.3-1.5 mm, an average aperture width of about 0.3-1.3 mm, and an average perimeter of about 0.8-5 mm. Kurihara teaches apertures having a length in the range of 1.0-4 mm, a width of 0.5-1.5 mm, and an area of 0.9-3 mm2, as disclosed in paragraph [0043]. Apertures comprising these dimensions also anticipate the range of a perimeter of about 0.8-5 mm. While Kurihara does not explicitly disclose the dimensions as average dimensions, it is noted that the claim requires only a portion of the apertures have the claimed average dimensions, and it is therefore within the scope of the claims as presently written that other portions of the apertures have dimensions that fall outside the claimed ranges. Kurihara discloses in paragraph [0043] that the length and width of the apertures affect the passage of urine and rewet (i.e. liquid reverting from the openings), and therefore the length and width are considered to be result-effective variables. Since the area and perimeter of the apertures are defined by their length and width, these are therefore result-effective variables also. 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 apertures of modified Hammons with an average area of about 0.1-1.5 mm2, an average aperture length of about 0.3-1.5 mm, an average aperture width of about 0.3-1.3 mm, and an average perimeter of about 0.8-5 mm, as taught by Kurihara, since a prima facie case of obviousness exists with the ranges disclosed by Kurihara, and since it has been held that where the general conditions of the claimed invention are disclosed in the prior art, finding the optimum or workable ranges involves only routine skill (see MPEP 2144.05).
With respect to claim 2, the garment-facing nonwoven material 27 is generally planar and joined with the wearer-facing nonwoven material 26 at perimeters of the apertures 8, wherein the apertures 8 extend through the wearer- and garment-facing nonwoven materials, as shown in figure 2. The voids are formed intermediate the three-dimensional features 3 of the wearer- and garment-facing nonwoven materials, as shown in figure 2.
With respect to claim 3, the garment-facing nonwoven material 27 of Hammons is nested with the wearer-facing nonwoven material 26, as shown in figure 2.
With respect to claim 4, Hammons discloses all aspects of the claimed invention with the exception of the garment-facing nonwoven material comprising synthetic fibers and being substantially free of natural fibers. Kurihara teaches making the garment-facing nonwoven layer from only synthetic fibers, as disclosed in paragraph [0065], lines 16-17, to achieve enhanced liquid reversion prevention, as disclosed in paragraph [0065], lines 1-8. 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 garment-facing nonwoven material of Hammons from synthetic fibers, as taught by Kurihara, to improve the liquid reversion prevention of the topsheet.
With respect to claim 5, the apertures of Hammons have an area of 1-2 mm2, as disclosed in column 2, lines 39-41, and therefore have a diameter (i.e. length) of approximately 0.5-0.8 mm.
With respect to claim 7, the three-dimensional features 3 of Hammons comprise protrusions, as shown in figure 6.
With respect to claim 8, Kurihara teaches providing the wearer-facing nonwoven material 6 with a basis weight of 20-30 gsm, as disclosed in paragraph [0066]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the garment-facing nonwoven material of Hammons with a basis weight of 20-30 gsm, as taught by Kurihara, to achieve the predictable result of a topsheet that is not too thick and dense.
With respect to claim 9, Kurihara teaches using defatted cotton fibers, as disclosed in paragraph [0038], which are inherently hydrophilic.
With respect to claim 10, Kurihara teaches using non-defatted cotton fibers which retain water repellency (i.e. are hydrophobic), as disclosed in paragraph [0038].
With respect to claim 12, modified Hammons discloses all aspects of the claimed invention with the exception of the planar regions having an average area in the range of 20-100 mm2 and an average perimeter in the range of 10-75 mm. Hammons shows in figure 5 that the planar regions 2 form the central portion of the article and have perimeters bounded by grooves 5. 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 planar regions of Hammons have an average area in the range of 20-100 mm2 and an average perimeter in the range of 10-75 mm, to achieve the predictable result of planar regions that provide central regions having a sufficient size to receive liquid during use of the article.
With respect to claim 13, modified Hammons discloses all aspects of the claimed invention with the exception of the average minimum distance between two of the closest apertures being in the range of 0.5-4 mm. Hammons discloses in column 2, lines 39-42, the desire for the apertures to allow flow through into the absorbent core. 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 average minimum distance between two of the closest apertures of Hammons in the range of 0.5-4 mm, to achieve the predictable result of a sufficient spacing of apertures to permit flow through into the absorbent core.
With respect to claim 14, modified Hammons discloses all aspects of the claimed invention with the exception of the planar regions having an average major dimension in the range of about 5-20 mm and an average minor dimension in the range of about 3-15 mm. Hammons shows in figure 5 that the planar regions 2 form the central portion of the article. 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 planar regions of Hammons have an average major dimension in the range of about 5-20 mm and an average minor dimension in the range of about 3-15 mm, to achieve the predictable result of planar regions that provide central regions having a sufficient size to receive liquid during use of the article.
With respect to claim 15, the planar regions 2 and three-dimensional features 3 of Hammons are substantially continuous, as shown in figures 1 and 5.
With respect to claim 17, modified Hammons discloses all aspects of the claimed invention with the exception of the aperture area being in the range of 0.15-0.6 mm2 and the average perimeter being in the range of about 1-2.8 mm. Hammons discloses in column 2, lines 39-42, the desire for the apertures to allow flow through into the absorbent core. 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 apertures of Hammons with an aperture area in the range of 0.15-0.6 mm2 and the average perimeter in the range of about 1-2.8 mm, to achieve the predictable result of a sufficient spacing of apertures to permit flow through into the absorbent core.
With respect to claim 18, modified Hammons discloses all aspects of the claimed invention with the exception of the total aperture area being in the range of 20-80%. Hammons discloses in column 2, lines 39-42, the desire for the apertures to allow flow through into the absorbent core. 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 total aperture area of Hammons in the range of 20-80%, to achieve the predictable result of a sufficient spacing of apertures to permit flow through into the absorbent core.
With respect to claim 20, the zones of Hammons are surrounded on two sides by planar regions, as shown in figures 2 and 6.
With respect to claim 21, the planar regions of Hammons are surrounded on two sides by zones, as shown in figures 2 and 6.
With respect to claim 22, Hammons discloses an absorbent article, as shown in figure 5, comprising a liquid permeable topsheet 26, a liquid impermeable backsheet 22, and an absorbent core 24, as shown in figure 6. The topsheet comprises a wearer-facing nonwoven material 26 comprising three-dimensional features 3 and apertures 8 and forms the wearer-facing surface of the topsheet, as shown in figure 2. A garment-facing nonwoven material 27 forms a garment-facing surface of the topsheet, as shown in figure 2. The wearer-facing nonwoven material 26 comprises a plurality of generally planar regions 2 that do not overlap with the three-dimensional features 3, as shown in figure 5. The three-dimensional features 3 are positioned in zones that do not overlap and extend outwardly from the generally planar regions 2, as shown in figure 5. The generally planar regions 2 comprise at least 5 apertures, as shown in figure 1, and therefore the generally planar regions can be defined in portions comprising about 5-40 apertures.
Hammons discloses all aspects of the claimed invention with the exception of the wearer-facing nonwoven material comprising at least 50% natural, plant-based fibers by weight. Kurihara discloses an absorbent article comprising a topsheet having a wearer-facing nonwoven material 3 and a garment-facing nonwoven material 6, as shown in figure 1. Kurihara teaches making the wearer-facing nonwoven material from 100% cotton by weight, as disclosed in paragraph [0013], to provide a soft texture, as disclosed in paragraph [0005]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the wearer-facing nonwoven material of Hammons to comprise at least 50% natural, plant-based fibers by weight, as taught by Kurihara, to provide the material with a soft texture.
Modified Hammons does not disclose the wearer-facing surface of the topsheet having a surface bearing area ratio % measured under 1.86 kPa of above 45% and less than 95%, and a Sq. measured under 0 kPa between about 130-400 microns. The surface bearing area ratio % is described in the present specification as being a measure of contact between the skin of the wearer and the wearer-facing material, and the ratio of root mean square height is an indication of how compliant the material is. Hammons discloses in column 3, lines 10-12, that the three-dimensional features of the wearer-facing surface of the topsheet contribute to the softness and flexibility, and improve wearer comfort. Hammons therefore discloses a desire for the wearer-facing surface to be compliant (i.e. flexible) and have a comfortable level of contact with the wearer’s skin. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the wearer-facing surface of the topsheet of Hammons with a surface bearing area ratio % measured under 1.86 kPa of 45-95%, and a Sq. measured under 0 kPa between about 130-400 microns to achieve the predictable result of a topsheet that is flexible and comfortable to the wearer.
Modified Hammons discloses all aspects of the claimed invention with the exception of at least a portion of the apertures having an average area of about 0.1-1.5 mm2, an average aperture length of about 0.3-1.5 mm, an average aperture width of about 0.3-1.3 mm, and an average perimeter of about 0.8-5 mm. Kurihara teaches apertures having a length in the range of 1.0-4 mm, a width of 0.5-1.5 mm, and an area of 0.9-3 mm2, as disclosed in paragraph [0043]. Apertures comprising these dimensions also anticipate the range of a perimeter of about 0.8-5 mm. While Kurihara does not explicitly disclose the dimensions as average dimensions, it is noted that the claim requires only a portion of the apertures have the claimed average dimensions, and it is therefore within the scope of the claims as presently written that other portions of the apertures have dimensions that fall outside the claimed ranges. Kurihara discloses in paragraph [0043] that the length and width of the apertures affect the passage of urine and rewet (i.e. liquid reverting from the openings), and therefore the length and width are considered to be result-effective variables. Since the area and perimeter of the apertures are defined by their length and width, these are therefore result-effective variables also. 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 apertures of modified Hammons with an average area of about 0.1-1.5 mm2, an average aperture length of about 0.3-1.5 mm, an average aperture width of about 0.3-1.3 mm, and an average perimeter of about 0.8-5 mm, as taught by Kurihara, since a prima facie case of obviousness exists with the ranges disclosed by Kurihara, and since it has been held that where the general conditions of the claimed invention are disclosed in the prior art, finding the optimum or workable ranges involves only routine skill (see MPEP 2144.05).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammons et al. (9,844,476) in view of Kurihara et al. (2018/0344537), and further in view of Erdem et al. (9,322,119).
With respect to claim 11, Hammons discloses all aspects of the claimed invention with the exception of the wearer-facing nonwoven material being hydroentangled and comprising synthetic fibers. Kurihara teaches in paragraph [0006] that it is known in the art to include synthetic fibers in a wearer-facing nonwoven material. 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 wearer-facing nonwoven material of Hammons with synthetic fibers, as taught by Kurihara, to achieve the predictable result of increasing the material strength of the nonwoven. Erdem teaches hydroentagling nonwoven materials to improve the softness and drape of the material, as disclosed in column 1, line 64, to column 2, line 5. 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 hydroentangle the wearer-facing nonwoven material of Hammons, as taught by Erdem, to improve the softness and drape of the 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 LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781