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 with respect to claim(s) 1, 7, and 19 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 17 is dependent on claim 5 which is cancelled; appropriate correction is required.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 6, 9-16, 18-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drevik (US 20010053900 A1) in view of Kudo et al. (US 20030187417 A1), Nozaki et al. (US 20030018314 A1), and Wada et al. (US 6432095 B1).
Regarding claim 1, Drevik discloses a sanitary article (1) having longitudinal side edges (A, annotated fig. 1) extending in a longitudinal direction and transverse front and rear end edges (B and C, annotated fig. 1) extending in a transverse direction, said sanitary article comprising: a fluid permeable surface layer (3) and a backsheet (4, para. [0009]), said backsheet (4) being provided with an adhesive (8 and 11) in at least one adhesive region arranged on an outwardly oriented side for attachment of the sanitary article to an undergarment on a user-facing side of said undergarment (para. [0015]) and at least one adhesive-free region (D) arranged on the outwardly oriented side, said backsheet (4) being divided by an imaginary dividing line (dotted line annotated fig. 1’) in a front portion (left of the dotted line) and a rear portion (right of the dotted line) as seen in the longitudinal direction, said front portion and said rear portion being of equal length and corresponding to portions of the backsheet (4) intended to face the user-facing side of the undergarment during use (annotated fig. 1’), wherein said surface layer is an air-through-bonded fibrous nonwoven surface layer (para. [0012]), wherein the adhesive-free region (D) extends in the longitudinal direction (annotated fig. 1), wherein a transverse width of the at least one adhesive-free region is at least 7% of a total transverse width of said backsheet, as measured at a widest transverse width (dotted line fig. 1’; three adhesive strips have a total width of 6-45 mm and total widest width including wings is from 110-140 mm, so adhesive-free region is 68%-95%) of widest transverse width, see para. [0011, 0016]) of said backsheet in said rear portion, wherein said rear portion is divided, as seen in said transverse direction, in a central rear portion (E, annotated fig. 1’) and in first and second lateral rear portions (F, annotated fig. 1’) extending from said dividing line and towards said rear end edge along an entirety of said rear portion, wherein said at least one adhesive region covers said central rear portion (E) forming a central rear adhesive region (8), and said first and second lateral rear portions (F) are free from adhesive, wherein said first and second lateral rear portions (F) are contiguous with the central rear portion along the entirety of said rear portion (annotated fig. 1’), wherein a transverse width of said central rear adhesive region is from 10% to 40% of the total transverse width of said backsheet (example: adhesive width 15 mm with 110 mm width, para. [0011, 0016]), as measured at the widest transverse width of said backsheet in said rear portion (fig. 1).
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However, Drevik fails to disclose wherein said surface layer is an air-through-bonded fibrous nonwoven surface layer having a basis weight of from 14 to 30 g/m2 and a density of from 20 to 90 kg/m3.
Kudo teaches a similar device in the same field of endeavor wherein said surface layer is an air-through-bonded fibrous nonwoven surface layer (para. [0012]) having a basis weight of from 14 to 30 g/m2 (para. [0064]) and a density of from 20 to 90 kg/m3 (para. [0065]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air-through-bonded fibrous nonwoven surface layer of Drevik and incorporate the specific basis weight and density as shown in Kudo yielding predictable results namely, a liquid permeable surface layer capable of taking in incoming fluid. MPEP 2143 A-C.
However, Drevik fails to disclose wherein a rear portion of the absorbent article is divided, as seen in said longitudinal direction, into a first portion and an adjacent second portion, wherein the first portion and the adjacent second portion each extend continuously in the transverse direction from one of the longitudinal side edges to another of the longitudinal side edges, wherein the first portion extends in the longitudinal direction from the transverse rear end edge for less than an entire length of the rear end portion of the absorbent article, and wherein the first portion has a first thickness which is smaller than a thickness of the adjacent second portion.
Nozaki teaches a similar device in the same field of endeavor wherein a rear portion (22) of the absorbent article (1) is divided, as seen in said longitudinal direction, into a first portion (L5) and an adjacent second portion (L3, para. [0049]), wherein the first portion and the adjacent second portion each extend continuously in the transverse direction from one of the longitudinal side edges to another of the longitudinal side edges (fig. 1), wherein the first portion (L5) extends in the longitudinal direction from the transverse rear end edge for less an entire length of the rear end of the absorbent article (fig. 1), and wherein the first portion (L5) has a first thickness which is smaller than a thickness of the adjacent second portion (fig. 3, para. [0070]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Drevik by adding a raised portion and the corresponding thinner rear portion as shown in Nozaki to conform the article to the user and into the gluteal fold, increasing contact with the article (para. [0060, 0064]).
However, Drevik fails to disclose wherein the adhesive provided in the at least one adhesive region on the backsheet covers less than half of a total surface area of the outwardly oriented side of the backsheet.
Wada teaches a similar device in the same field of endeavor wherein the adhesive provided in the at least one adhesive region on the backsheet covers less than half of a total surface area of the outwardly oriented side of the backsheet (column 4 lines 46-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Drevik and incorporate the adhesive surface area teaching of Wada since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 2, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. However, Drevik fails to expressly disclose wherein the adhesive-free region is from 10% to 30% of the total transverse width of said backsheet, as measured at the widest transverse width of said backsheet in said rear portion.
Drevik discloses the claimed invention with the adhesive-free regions along the outwardly oriented side of the backsheet except for the adhesive-free region being from 10% to 30% of the total transverse width of said backsheet, as measured at the widest transverse width of said backsheet in said rear portion. It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to increase the width of the adhesive regions or add more adhesive regions (para. [0017]) to have an adhesive-free region within the claimed range since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 3, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. Drevik further discloses wherein the backsheet (4) is provided with more than one adhesive region (9, 10, 11, 12) and more than one adhesive-free region (F’, annotated fig. 1’), wherein each of the adhesive regions and each of the adhesive-free regions extend in the longitudinal direction (annotated fig. 1’).
However, Drevik fails to disclose wherein the transverse width of at least one adhesive-free region is from 7% to 40% of the total transverse width of said backsheet as measured at the widest transverse width of said backsheet in said rear portion.
Drevik discloses the claimed invention with the adhesive-free regions along the outwardly oriented side of the backsheet except for the adhesive-free region being from 7% to 40% of the total transverse width of said backsheet, as measured at the widest transverse width of said backsheet in said rear portion. It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to increase the width of the adhesive regions or add more adhesive regions (para. [0017]) to have an adhesive-free region within the claimed range since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 6, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1 and Drevik further discloses wherein said adhesive-free first and second lateral rear portions (F, annotated fig. 1’) extend from said dividing line (dotted line annotated fig. 1’) and to said rear end edge and/or said central rear adhesive region extends from said dividing line and to said rear end edge (annotated fig. 1’).
Regarding claims 9 and 10, the combination of Drevik, Kudo, Nosaki, and Wada discloses a sanitary article according to claim 1 and Drevik further discloses the air-through bonded fibrous surface layer (para. [0012]).
However, Drevik fails to disclose:
(Claim 9) wherein the surface layer comprises bicomponent fibers;
(Claim 10) wherein said bicomponent fibers are sheath-core bicomponent fibers, wherein said core is a polyester core and said sheath is a polyethylene sheath.
Kudo teaches bicomponent fibers in the surface layer and sheath-core bicomponent fibers, preferably wherein said core is a polyester core and said sheath is a polyethylene sheath (para. [0064]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air-through-bonded fibrous nonwoven surface layer of Drevik and incorporate the bicomponent fibers as shown in Kudo yielding predictable results namely, a liquid permeable surface layer capable of taking in incoming fluid. MPEP 2143 A-C.
Regarding claim 11, the combination of Drevik, Kudo, Nosaki, and Wada discloses a sanitary article according to claim 1 and Drevik further teaches the air-through bonded fibrous surface layer. However, Drevik fails to disclose wherein said fibers of said air-through-bonded nonwoven have a coarseness of from 1.8 to 10 dTex.
Kudo teaches wherein said fibers of said air-through-bonded nonwoven have a coarseness of from 1.8 to 10 dTex (para. [0068, 0133]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Drevik by using fibers with a coarseness of 1.8 to 10 dTex of Kudo. The use of a fine fiber increases the comfortability of the article and can create a softer and cushiony feel; therefore, it would have been obvious to use that fine range of fibers.
Regarding claim 12, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. Drevik further discloses wherein said outwardly oriented side of said backsheet comprises a liquid impermeable plastic film (para. [0012]).
Regarding claim 13, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. Drevik fails to disclose wherein said sanitary article comprises an intermediate layer located between said surface layer and said backsheet, said intermediate layer comprising a nonwoven material;
Kudo teaches wherein said sanitary article comprises an intermediate layer (5, para. [0066]) located between said surface layer (3) and said backsheet (2, para. [0051]), said intermediate layer comprising a nonwoven material (para. [0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Drevik and incorporate the intermediate layer of Kudo to have a medium to intake incoming fluid (para. [0066]).
Regarding claim 14, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 13 and the incorporated intermediate layer of Kudo; however, Kudo fails to disclose wherein said intermediate layer covers from 70% to 100% of said surface layer.
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify the side edges 5a (para. [0059]) to create an intermediate layer that covers from 70%-100% of the surface layer, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 15, the combination of 89, Kudo, Nosaki, and Wada discloses the article of claim 1. However, Drevik fails to disclose wherein at least said surface layer is embossed with an embossing pattern.
Kudo teaches wherein at least said surface layer is embossed with an embossing pattern (para. [0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Drevik to incorporate an embossing pattern of Kudo. The embossed pattern applied to the surface of the article creates compressed grooves that can aid in the dispersion of the fluid, therefore adding an embossed pattern would have been obvious to improve the retainment and distribution of the liquid in the article (para. [0052], Figures 1 and 11 of Kudo).
Regarding claim 16, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1 and Drevik further discloses wherein the sanitary article is a sanitary napkin (abstract).
Regarding claim 18, the combination of of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1 wherein the first portion (L5) is thinner than a remaining portion of the sanitary article (fig. 3, para. [0070]).
Regarding claim 19, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. However, Drevik fails to disclose wherein the first portion extends in the longitudinal direction for about 30% of a total length of the sanitary article measured from the rear end edge to the front end edge.
Nosaki teaches wherein the first portion extends in the longitudinal direction for about 30% of a total length of the sanitary article measured from the rear end edge to the front end edge (para. [0100]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Drevik by adding first portion as shown in Nozaki to conform the article to the user and into the gluteal fold, increasing contact with the article (para. [0060, 0064]).
Regarding claim 20, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 15 including the embossing pattern on the surface layer as taught by Kudo, but the combination does not explicitly disclose wherein the embossing pattern covers from 3% to 20% of the surface layer. It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to emboss the surface layer to only cover 3-20% of the surface since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 21, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. Drevik further discloses wherein the longitudinal side edges (A) are longer than the transverse front and rear edges (B and C), and the imaginary dividing line (dotted fine annotated fig. 1’) extends in the transverse direction, such that the backsheet is divided by the imaginary dividing line into the front portion (left of the dividing line) and the rear portion (right of the dividing line).
Regarding claim 22, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. Drevik further discloses wherein a length of the rear portion of the absorbent article is half of a total length of the sanitary article measured from the rear end edge to the front end edge (annotated fig. 1’).
Regarding claim 23, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. Drevik fails to disclose wherein the first portion has a thickness of not more than 8 mm.
Nozaki teaches wherein the first portion (L5) has a thickness of not more than 8 mm (the raised region has a height of 8 mm; therefore, the outer lower peripheral region is less than 8 mm, para. [0070, 0111]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Drevik by adding a raised portion and the corresponding thinner rear portion as shown in Nozaki to conform the article to the user and into the gluteal fold, increasing contact with the article (para. [0060, 0064]).
Regarding claim 24, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. Drevik fails to disclose wherein an entire portion of the surface layer overlapping the adhesive region is flat along the transverse direction.
Nosaki teaches wherein an entire portion of the surface layer (12) overlapping the adhesive region is flat along the transverse direction (figs. 2 and 3).
Regarding claim 25, the combination of Drevik, Kudo, Nosaki, and Wada discloses the article of claim 1. Drevik further discloses wherein the adhesive provided in the at least one adhesive region on the backsheet covers less than 40% of the total surface area of the outwardly oriented side of the backsheet (adhesive region covers 5.5%-32% of total widest width of backsheet, para. [0011, 0016]).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Drevik (US 20010053900 A1) in view of Kudo et al. (US 20030187417 A1), Mortensen et al. (US 20080319411 A1), Nozaki et al. (US 20030018314 A1), and Wada et al. (US 6432095 B1).
Regarding claim 7, Drevik discloses a sanitary article (1) having longitudinal side edges (A) extending in a longitudinal direction and transverse front and rear end edges extending in a transverse direction (annotated fig. 1), said sanitary article comprising: a fluid permeable surface layer (3) and a backsheet (4, para. [0009]), said backsheet (4) being provided with an adhesive (8 and 11) in at least one adhesive region arranged on an outwardly oriented side for attachment of the sanitary article to an undergarment on a user-facing side of said undergarment (para. [0015]) and at least one adhesive-free region (D) arranged on the outwardly oriented side, said backsheet (4) being divided by an imaginary dividing line (dotted line annotated fig. 1’) in a front portion (left of the dotted line) and a rear portion (right of the dotted line) as seen in the longitudinal direction, said front portion and said rear portion being of equal length and corresponding to portions of the backsheet (4) intended to face the user-facing side of the undergarment during use (annotated fig. 1’), wherein said surface layer is an air-through-bonded fibrous nonwoven surface layer (para. [0012]), wherein the adhesive-free region (D) extends in the longitudinal direction (annotated fig. 1), wherein an entirety of said rear portion is divided, as seen in said transverse direction, in a central rear portion (E, annotated fig. 1’) and in first and second lateral rear portions (F, annotated fig. 1’) extending from said dividing line and towards said rear end edge.
However, Drevik fails to disclose wherein the transverse width of at least one adhesive-free region is from 7% to 40% of the total transverse width of said backsheet as measured at the widest transverse width of said backsheet in said rear portion.
Drevik discloses the claimed invention with the adhesive-free regions along the outwardly oriented side of the backsheet except for the adhesive-free region being from 7% to 40% of the total transverse width of said backsheet, as measured at the widest transverse width of said backsheet in said rear portion. It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to increase the width of the adhesive regions or add more adhesive regions (para. [0017]) to have an adhesive-free region within the claimed range since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
However, Drevik fails to disclose wherein said surface layer is an air-through-bonded fibrous nonwoven surface layer having a basis weight of from 14 to 30 g/m2 and a density of from 20 to 90 kg/m3.
Kudo teaches a similar device in the same field of endeavor wherein said surface layer is an air-through-bonded fibrous nonwoven surface layer (para. [0012]) having a basis weight of from 14 to 30 g/m2 (para. [0064]) and a density of from 20 to 90 kg/m3 (para. [0065]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the air-through-bonded fibrous nonwoven surface layer of Drevik and incorporate the specific basis weight and density as shown in Kudo yielding predictable results namely, a liquid permeable surface layer capable of taking in incoming fluid. MPEP 2143 A-C.
However, Drevik fails to disclose wherein said central rear portion is free from adhesive, and wherein said adhesive region covers said first and second lateral rear portions forming first and second lateral rear adhesive regions.
Mortensen teaches a similar device in the same field of endeavor wherein said central rear portion (151) is free from adhesive, and wherein said adhesive region covers said first and second lateral rear portions forming first and second lateral rear adhesive regions (150, fig. 7B, para. [0060]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Drevik and incorporate the adhesive pattern of Mortensen because it would have been obvious to try such a configuration; there are only a finite number of predictable solutions wherein a designated portion of the outwardly-oriented side of the backsheet either has adhesive or it does not have adhesive. Incorporating the pattern of Drevik such that the central portion is free of adhesive and the outer portions have the adhesive is an obvious rendition of an adhesive pattern that would yield predictable results namely, adhesion of the article to the user’s undergarment. MPEP 2143.
However, Drevik fails to disclose wherein a rear portion of the absorbent article is divided, as seen in said longitudinal direction, into a first portion and an adjacent second portion, wherein the first portion and the adjacent second portion each extend continuously in the transverse direction from one of the longitudinal side edges to another of the longitudinal side edges, wherein the first portion extends in the longitudinal direction from the transverse rear end edge for less than an entire length of the rear end portion of the absorbent article, and wherein the first portion has a first thickness which is smaller than a thickness of the adjacent second portion.
Nozaki teaches a similar device in the same field of endeavor wherein a rear portion (22) of the absorbent article (1) is divided, as seen in said longitudinal direction, into a first portion (L5) and an adjacent second portion (L3, para. [0049]), wherein the first portion and the adjacent second portion each extend continuously in the transverse direction from one of the longitudinal side edges to another of the longitudinal side edges (fig. 1), wherein the first portion (L5) extends in the longitudinal direction from the transverse rear end edge for less an entire length of the rear end of the absorbent article (fig. 1), and wherein the first portion (L5) has a first thickness which is smaller than a thickness of the adjacent second portion (fig. 3, para. [0070]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Drevik by adding a raised portion and the corresponding thinner rear portion as shown in Nozaki to conform the article to the user and into the gluteal fold, increasing contact with the article (para. [0060, 0064]).
However, Drevik fails to disclose wherein the adhesive provided in the at least one adhesive region on the backsheet covers less than half of a total surface area of the outwardly oriented side of the backsheet.
Wada teaches a similar device in the same field of endeavor wherein the adhesive provided in the at least one adhesive region on the backsheet covers less than half of a total surface area of the outwardly oriented side of the backsheet (column 4 lines 46-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Drevik and incorporate the adhesive surface area teaching of Wada since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 8, the combination of Drevik, Kudo, Mortensen, Nosaki, and Wada discloses the article of claim 7. Drevik discloses the claimed invention with the first and second lateral rear regions and Mortensen taught the adhesive patterns wherein the lateral regions have the adhesive, but the combination does not teach wherein a transverse width of said first and second lateral rear adhesive regions each is from 5% to 40%, as measured at the widest transverse width of said backsheet in said rear portion It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to alter the transverse widths of the lateral rear regions to be within the claimed range since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
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 ERIN A KIM whose telephone number is (703)756-4738. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN A KIM/Examiner, Art Unit 3781
/SUSAN S SU/Primary Examiner, Art Unit 3781 20 May 2026
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