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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 22 December 2025 has been entered.
Response to Arguments
Applicant's arguments filed 22 December 2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that the prior art does not disclose a non-linear cut profile along substantially the entire end edge, it is noted that the claim limitation is broader than Applicant is arguing. The claim does not require that the entire end edges are curved. Instead the claims broadly disclose a non-linear cut profile along substantially the entire end edge. It is within the scope of the claims as presently written that the profile of the end edges be non-linear only in parts, so long as the profile has some non-linear aspect to it and the profile extends along substantially the entire end edge. The shape taught by Bell therefore reads on the claim limitation as presently written.
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) 1-2, 6, 9, 12-14, 20, and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsang et al. (8,702,671) in view of Ehrnsperger et al. (2014/0163501) and Bell et al. (7,686,792).
With respect to claims 1 and 9, Tsang discloses an absorbent article, as shown in figure 6C, comprising a chassis 610 comprising a primary topsheet 602 having a body-facing surface and a garment-facing surface, a backsheet having a body-facing surface and a garment-facing surface, and an absorbent system, as shown in figure 6D. The absorbent system has a front end portion E1, a central portion M0, and a rear end portion E2, as shown in figure 6C, and is positioned between the topsheet and backsheet, as shown in figure 6D. The absorbent system comprises a first absorbent core 611a joined to a second absorbent core 611b in an offset manner, as shown in figure 6C. The first absorbent core 611a has a first front portion with a first distal front end edge and a rear front portion with a first distal rear end edge, as shown in figure 6C. The second absorbent core 611b has a second front portion with a second distal front end edge and a second rear portion with a second distal rear end edge, as shown in figure 6C, wherein the first front portion does not overlie or underlie the second front portion and the first rear portion does not overlie or underlie the second rear portion. The first distal front end edge has a wider taper and therefore is considered to have a male connection shape, and the first distal rear end edge has a narrower taper and therefore is considered to have a female connection shape. The first and second absorbent cores can be lined up together such that the male connection shape fits into and conforms to the female connection shape. The first absorbent core 611a comprises a plurality of recesses, as shown in figure 6D.
Tsang discloses all aspects of the claimed invention with the exception of the primary topsheet comprising a plurality of embossed recessed areas. Ehrnsperger teaches embossing the topsheet of an absorbent article to provide a more cloth-like appearance. 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 topsheet of Tsang with a plurality of embossed recessed areas, as taught by Ehrnsperger, to achieve a topsheet having a more cloth-like appearance that is more appealing to consumers.
Tsang as modified by Ehrnsperger discloses all aspects of the claimed invention with the exception of the first distal front end and rear end edges and the second distal front end and rear end edges having nested non-linear cut profiles along substantially the entire end edge, and the male connection shape being configured to at least partially surround the female connection shape. Tsang discloses in column 11, lines 36-39, that the absorbent system has an advantageously hourglass shape, but shows in figure 6C a modified hourglass shape in which the front and rear end edges are straight. Bell discloses an absorbent system comprising first and second absorbent cores 26 and 28 that overlap to form an hourglass shape, as shown in figure 2. Bell teaches a more conventional hourglass shape, wherein the first and second end edges 56 have curved corners to form a nested non-linear profile, as shown in figure 2. 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 distal front end and rear end edges and the second distal front end and rear end edges of Tsang have nested non-linear cut profiles, as taught by Bell, to achieve the predictable result of forming a more conventional hourglass shape and rounding the edges of the cores to be more ergonomically shaped. It further would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the male connection shape of Tsang as modified by Bell to be configured to at least partially surround the female connection shape, since it has been held that changes in shape are an obvious matter of choice absent persuasive evidence that the particular configuration is significant. In re Dailey, 149 USPQ 47.
With respect to claim 2, the front end portion E1 and rear end portion E2 of Tsang are disposed at opposing ends of the central portion M0, as shown in figure 6C.
With respect to claim 6, the first and second cores 611a and 611b have different cross direction widths from one another in the areas in which they overlap, as shown in figure 6C.
With respect to claim 12, the non-linear cut profiles taught by Bell are semi-circles, as shown in figure 2.
With respect to claim 13, modified Tsang discloses all aspects of the claimed invention with the exception of barrier cuffs comprising elastic strands along a length of the article. Tsang shows leg cuff elastic members in figures 6C and 6D but does not specifically describe them in the specification. However, 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 article of Tsang with barrier cuffs comprising elastic strands along a length of the article to achieve the predictable result of preventing leakage from the side edges of the article.
With respect to claim 14, modified Tsang discloses all aspects of the claimed invention with the exception of a secondary topsheet beneath the primary topsheet. Tsang shows in figure 6D a layer disposed between the primary topsheet 602 and the first absorbent layer 611a, but does not disclose this layer as a secondary topsheet. However, 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 article of Tsang with a secondary topsheet to achieve the predictable result of adding a layer below the primary topsheet to aid in the acquisition and distribution of liquid.
With respect to claim 20, modified Tsang discloses all aspects of the claimed invention with the exception of a first distribution layer between the primary topsheet and the second absorbent core. Tsang shows in figure 6D a layer disposed between the primary topsheet 602 and the second absorbent layer 611b, but does not disclose this layer as a secondary topsheet. However, 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 article of Tsang with a first distribution layer between the primary topsheet and the second absorbent core to achieve the predictable result of adding a layer below the primary topsheet to aid in the acquisition and distribution of liquid.
With respect to claim 22, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the male connection shape of Tsang as modified by Bell to be different than the female connection shape, since it has been held that changes in shape are an obvious matter of choice absent persuasive evidence that the particular configuration is significant. In re Dailey, 149 USPQ 47.
With respect to claim 23, the first distal rear edge of Tsang overlaps the second front portion E1 along the longitudinal axis YY and the lateral axis, and the second distal rear edge overlaps the first front portion E2 along the longitudinal axis YY and the lateral axis, as shown in figure 6C.
Claim(s) 3-5, 7-8, 15, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsang et al. (8,702,671) in view of Ehrnsperger et al. (2014/0163501) and Bell et al. (7,686,792), and further in view of Waksmundzki et al. (2006/0069367).
With respect to claims 3 and 4, modified Tsang discloses all aspects of the claimed invention with the exception of the first absorbent core comprising a first distribution layer and a first superabsorbent layer wherein the first distribution layer is disposed between the topsheet and the first superabsorbent layer. Waksmundzki discloses making an absorbent core for an absorbent article comprising a first distribution layer 29 and a first superabsorbent layer 280 wherein the first distribution layer 29 is disposed between the primary topsheet 301 and the first superabsorbent layer 280, as shown in figure 2. Waksmundzki teaches such an absorbent core has an improved ability to absorb and retain fluids, as disclosed in paragraph [0013]. 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 absorbent core of Tsang with a first distribution layer and a first superabsorbent layer wherein the first distribution layer is disposed between the topsheet and the first superabsorbent layer, as taught by Waksmundzki, to improve the ability of the core to absorb and retain fluids.
With respect to claims 4 and 18-19, modified Tsang discloses all aspects of the claimed invention with the exception of the second absorbent core comprising a second distribution layer and a second superabsorbent layer wherein the second distribution layer is disposed between the first superabsorbent layer and the second superabsorbent layer or the second superabsorbent layer is disposed between the first superabsorbent layer and the second distribution layer. Waksmundzki discloses making an absorbent core for an absorbent article comprising a second distribution layer 284 and a second superabsorbent layer 282 wherein the second distribution layer 284 is disposed between the first superabsorbent layer 280 and the second superabsorbent layer 282, as shown in figure 2. Waksmundzki further discloses the second superabsorbent layer 282 can be disposed between the first superabsorbent layer 280 and a second distribution layer 288, as shown in figure 2. Waksmundzki teaches such an absorbent core has an improved ability to absorb and retain fluids, as disclosed in paragraph [0013]. 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 second absorbent core of Tsang with a second distribution layer and a second superabsorbent layer wherein the second distribution layer is disposed between the first superabsorbent layer and the second superabsorbent layer or the second superabsorbent layer is disposed between the first superabsorbent layer and the second distribution layer, as taught by Waksmundzki, to improve the ability of the core to absorb and retain fluids.
With respect to claim 7, neither Tsang nor Waksmundzki disclose the use of airfelt material, and therefore the first and second superabsorbent layers of modified Tsang are free of airfelt material.
With respect to claim 8, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the first superabsorbent layer of modified Tsang to be disposed discontinuously to achieve the predictable result of placing more superabsorbent material in the central portion of the core to provide increased absorbent capacity there.
With respect to claim 15, Waksmundzki teaches providing the distribution layers with a basis weight of 90 gsm, as disclosed in paragraph [0077].
Conclusion
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
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