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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/17/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 6, 9-17, 10, and 21 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 Objections
Claim 1 and 7 are objected to because of the following informalities: they recite “…for less an entire length…” Examiner interprets the limitation to be “…for less than an entire length…” Appropriate correction is required.
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.
Claims 1-3 and 6-23 are 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. Claims 1 and 7 each recites “rear end of the absorbent article,” but the rear end edge has only been recited. Examiner interprets the rear end to be the rear portion of the absorbent article such that the first portion extends in a longitudinal direction from the transverse rear end edge for less than an entire length of the rear portion of the absorbent article. The first portion is therefore a portion of the rear portion and has a length less than the entire length of the rear portion. The remaining claims are rejected for being dependent from claim 1 or claim 7.
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, 2, 6, 9-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Querqui (WO 9610975 A1) in view of Kudo et al. (US 20050148970 A1, hereafter “Kudo”), and in further view of Nozaki et al. (US 20030018314 A1, hereafter “Nozaki”).
Regarding claim 1, Querqui discloses a sanitary article (10) having longitudinal side edges (A, annotated fig. 1) extending in a longitudinal direction and transverse front (B, annotated fig. 1) and rear end edges (C, annotated fig. 1) extending in a transverse direction, said sanitary article (10) comprising:
a fluid permeable surface layer (topsheet, page 8 lines 23-32) and a backsheet (page 9 lines 23-34), said backsheet being provided with an adhesive (22, fig. 1) in at least one adhesive region (24) arranged on an outwardly oriented side for attachment of the sanitary article to an undergarment on a user- facing side of said undergarment (page 10 lines 16-25) and at least one adhesive-free region (H and K, annotated fig. 1) arranged on the outwardly oriented side (page 10 lines 6-25), said backsheet being divided by an imaginary dividing line (E, annotated fig. 1) in a front portion (F, annotated fig. 1) and a rear portion (G, annotated fig. 1) as seen in the longitudinal direction, said front portion and said rear portion being of equal length (annotated fig. 1) and corresponding to portions of the backsheet intended to face the user-facing side of the undergarment during use (page 9 lines 23-34 and page 10 lines 8-22),
wherein the adhesive-free region (H & K) 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 of said backsheet in said rear portion (see lines I and J annotated fig. 1),
wherein said rear portion is divided, as seen in said transverse direction, in a central rear portion (L, annotated fig. 1) and in first (H) and second (K, annotated fig. 1) lateral rear portions extending from said dividing line (E) and towards said rear end edge (C) along an entirety of said rear portion (G), wherein said at least one adhesive region (24) covers said central rear portion (L) forming a central rear adhesive region (annotated fig. 1, page 10 lines 8-22), and said first and second lateral rear portions (H and K) are free from adhesive, wherein said first (H) and second (K) lateral rear portions are contiguous with the central rear portion (L) along the entirety of said rear portion (G).
However, Querqui fails to disclose wherein a transverse width of said central rear adhesive region is from 10% to 40% of the total transverse width of said backsheet, as measured at the widest transverse width of said backsheet in said rear portion.
Figure 1 of Querqui is being used as a general guidance that there are different regions of adhesive/non-adhesive areas that can be adjusted. Querqui discloses that the area of the adhesive portion on the bottom of the absorbent article changes based on availability of side flaps or other forms of securing the article to the garment, and that the adhesive can cover the whole, part or several distinct parts of the garment-facing surface based on the adhesive needs of the article (page 2 lines 24-27, page 10 lines 17-24). Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying Querqui to have a central rear adhesive region from 10%-40% of the total transverse width of the total transverse width of the backsheet; therefore, 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 Querqui by making the width of the adhesive be between 10%-40% of the rear transverse width as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further, applicant appears to have placed no criticality on the claimed range (see page 4 of specifications indicating a transverse width of the central rear adhesive can be from 5% to 70%, optionally from 5% to 40%, or from 10% to 35%, of a total transverse width of the backsheet).
However, Querqui 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 (3) is an air-through-bonded fibrous nonwoven surface layer 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]).
The substitution of one known element (generic fluid pervious material as shown in Querqui) for another (the air-through-bonded nonwoven as shown in Kudo) would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the substitution of the air-through-bonded fibrous nonwoven of Kudo would have yielded predictable results, namely, a porous material on the surface of the article to absorb liquid. See MPEP 2143 (A-C). Further, the surface layers of Querqui and Kudo share the same purpose: absorbing incoming exudate and being permeable to direct fluid downward (para. [0063, 0064] of Kudo and page 8 line 23 – page 9 line 2 of Querqui). The basis weight and density can alter the properties of the surface layer and is a result effective variable (para. [0065, 0086] of Kudo) in which changing the makeup of the surface layer can alter the absorbance capacity and the cushioning feel of the article for the user. Therefore, 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 Querqui by making the surface layer a basis weight of from 14 to 30 g/m2 and a density of from 20 to 90 kg/m3 as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ.
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However, Querqui and Kudo 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 an entire length of the rear end 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 Querqui 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 2, the combination of Querqui, Kudo, and Nozaki discloses the sanitary article of claim 1. Querqui further discloses wherein the adhesive-free region (J) is some percentage of the total transverse width of said backsheet, as measured at the widest transverse width of said backsheet in said rear portion (G, see lines J and I annotated fig. 1).
However, Querqui fails to expressly disclose wherein the adhesive-free region is from 10% to 30% of the total transverse width of said backsheet.
Figure 1 of Querqui is being used as a general guidance that there are different regions of adhesive/non-adhesive areas that can be adjusted. Querqui discloses that the area of the adhesive portion on the bottom of the absorbent article changes based on availability of side flaps or other forms of securing the article to the garment, and that the adhesive can cover the whole, part or several distinct parts of the garment-facing surface based on the adhesive needs of the article (page 2 lines 24-27, page 10 lines 17-24). Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying Querqui to have a central rear adhesive region from 10%-40% of the total transverse width of the total transverse width of the backsheet; therefore, 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 Querqui by making the width of the adhesive be between 10%-30% of the rear transverse width as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further, applicant appears to have placed no criticality on the claimed range (see page 4 of specifications indicating a transverse width of the central rear adhesive can be from 5% to 70%, optionally from 5% to 40%, or from 10% to 35%, of a total transverse width of the backsheet).
Regarding claim 6, the combination of Querqui, Kudo, and Nozaki discloses the sanitary article of claim 4. Querqui further discloses wherein said adhesive-free first and second lateral rear portions (H and K) extend from said dividing line (E) and to said rear end edge (C) and/or said central rear adhesive region extends from said dividing line and to said rear end edge.
Regarding claims 9 and 10, the combination of Querqui, Kudo, and Nozaki discloses a sanitary article according to claim 1 and the air-through bonded fibrous surface layer.
However, Querqui fails to disclose:
(Claim 9) wherein the surface layer comprises bicomponent fibers;
(Claim 10) wherein said bi-component 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]).
The substitution of the generic porous material in the topsheet of Querqui for the bicomponent fibers of Kudo would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the substitution of the bicomponent fibrous material would have yielded predictable results, namely, a porous material that absorbs incoming liquid and directs flow downward.
Regarding claim 11, the combination of Querqui, Kudo, and Nozaki discloses a sanitary article according to claim 1 and further teaches the air-through bonded fibrous surface layer. However, Querqui 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 Querqui 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 Querqui, Kudo, and Nozaki discloses a sanitary article according to claim 1. Querqui further discloses wherein said outwardly oriented side of said backsheet comprises a liquid impermeable plastic film (page 9 lines 23-34).
Regarding claim 13, the combination of Querqui, Kudo, and Nozaki discloses a sanitary article according to claim 1. Querqui further discloses wherein said sanitary article comprises an intermediate layer (absorbent core, page 4 lines 14-17) located between said surface layer and said backsheet (page 4 lines 14-17, page 5 lines 17-20).
However, Querqui fails to disclose intermediate layer comprising a nonwoven material (para. [0066]).
Kudo teaches an intermediate layer (18) comprising a nonwoven material (para. [0066]).
The intermediate layer of Querqui absorbs and retains fluid and page 6 lines 6-29 discloses a list of potential materials the layer can be made of, and the substitution of one known element (various absorbent materials as shown in Querqui) for another (nonwoven material as shown in Kudo) would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the substitution of the nonwoven of Kudo would have yielded predictable results, namely, an absorbent core or intermediate layer that absorbs and retains liquid. See MPEP 2143 (A-C).
Regarding claim 14, the combination of Querqui, Kudo, and Nozaki discloses a sanitary article according to claim 13. Querqui further discloses wherein said intermediate layer (absorbent core, page 4 lines 14-17) covers from 70% to 100% of said surface layer (page 4 lines 14-29, page 5 lines 17-20).
The components of the absorbent core underlie the topsheet and specifically, the primary fluid distribution layer aims to transfer incoming fluid and along the length and width of the absorbent article; therefore, it covers 100% of the surface area below the topsheet to effectively acquire the fluid.
Regarding claim 15, the combination of Querqui, Kudo, and Nozaki discloses a sanitary article according to claim 1. However, Querqui 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 Querqui 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 Querqui, Kudo, and Nozaki discloses a sanitary article according to claim 1. Querqui further discloses wherein the sanitary article (10) is a sanitary napkin (page 1 lines 8-11).
Regarding claim 17, the combination of Querqui, Kudo, and Nozaki discloses the sanitary article of claim 5. Querqui further discloses wherein a transverse width of said central rear adhesive region (M, annotated fig. 1) is some percentage of the total transverse width of said backsheet, as measured at the widest transverse width of said backsheet in said rear portion (G).
However, Querqui fails to expressly disclose wherein a transverse width of said central rear adhesive region is from 10% to 40% of the total transverse width of said backsheet.
Figure 1 of Querqui is being used as a general guidance that there are different regions of adhesive/non-adhesive areas that can be adjusted. Querqui discloses that the area of the adhesive portion on the bottom of the absorbent article changes based on availability of side flaps or other forms of securing the article to the garment, and that the adhesive can cover the whole, part or several distinct parts of the garment-facing surface based on the adhesive needs of the article (page 2 lines 24-27, page 10 lines 17-24). Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying Querqui to have a central rear adhesive region from 10%-40% of the total transverse width of the total transverse width of the backsheet; therefore, 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 Querqui by making the width of the adhesive be between 10%-30% of the rear transverse width as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further, applicant appears to have placed no criticality on the claimed range (see page 4 of specifications indicating a transverse width of the central rear adhesive can be from 5% to 70%, optionally from 5% to 40%, or from 10% to 35%, of a total transverse width of the backsheet).
Regarding claim 18, the combination of Querqui, Kudo, and Nozaki discloses the sanitary article of claim 1. Querqui fails to disclose wherein the first portion is thinner than a remaining portion of the sanitary article.
Nozaki teaches wherein the first portion (L5) is thinner than a remaining portion of the sanitary article (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 Querqui 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 19, the combination of Querqui, Kudo, and Nozaki discloses a sanitary article according to claim 1. However, Querqui 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 edge to the front end edge.
Nozaki teaches wherein the first portion (L5) extends in the longitudinal direction for about 30% of a total length (L0) of the sanitary article measured from the rear edge to the front end edge (L5 can be 70 mm per example in para. [0100] and L0 can be 200-350 mm per para. [0067]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have altered the proportions of lengths of Querqui as shown in Nozaki to find an optimal dimension for the rear end to come into contact with the wearer’s body beyond the coccyx and precent occurrence of a foreign body sensation (para. [0067]).
Regarding claim 20, the combination of Querqui, Kudo, and Nozaki discloses a sanitary article according to claim 15 and further discloses the embossing pattern on the surface layer, however 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 Querqui, Kudo, and Nozaki discloses the sanitary article of claim 1. Querqui further discloses wherein the longitudinal side edges (A) are longer than the transverse front and rear edges (A and B), and the imaginary dividing line (E) extends in the transverse direction, such that the backsheet is divided by the imaginary dividing line (E) into the front portion (F) and the rear portion (G).
Regarding claim 22, the combination of Querqui, Kudo, and Nozaki discloses the sanitary article of claim 1. Querqui further discloses 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 Querqui, Kudo, and Nozaki discloses the sanitary article of claim 1. However, Querqui 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 Querqui 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]).
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Querqui (WO 9610975 A1) in view of Kudo (US 20050148970 A1), Nozaki (US 20030018314 A1) and in view of Mortensen et al. (US 20080319411 A1, hereafter “Mortensen”).
Regarding claim 7, Querqui discloses a sanitary article (10) having longitudinal side edges (A, annotated fig. 1) extending in a longitudinal direction and transverse front (B, annotated fig. 1) and rear end edges (C, annotated fig. 1) extending in a transverse direction, said sanitary article (10) comprising: a fluid permeable surface layer (topsheet, page 8 lines 23-32) and a backsheet (page 9 lines 23-34), said backsheet being provided with an adhesive (22, fig. 1) in at least one adhesive reqion (24) arranged on an outwardly oriented side for attachment of the sanitary article to an undergarment on a user-facing side of said undergarment (page 10 lines 16-25) and at least one adhesive-free region (H and K, annotated fig. 1) arranged on the outwardly oriented side (page 10 lines 6-25), said backsheet being divided by an imaginary dividing line (E, annotated fig. 1) in a front portion (F, annotated fig. 1) and a rear portion (G, annotated fig. 1) as seen in the longitudinal direction, said front portion and said rear portion being of equal length (annotated fig. 1) and corresponding to portions of the backsheet intended to face the user-facinq side of the undergarment during use, wherein the adhesive-free reqion (151) extends in the longitudinal direction (fig. 7B).
However, Querqui fails to disclose wherein a transverse width of the adhesive-free region is from 7% to 40% of a total transverse width of said backsheet as measured at a widest transverse width of said backsheet in said rear portion.
Figure 1 of Querqui is being used as a general guidance that there are different regions of adhesive/non-adhesive areas that can be adjusted. Querqui discloses that the area of the adhesive portion on the bottom of the absorbent article changes based on availability of side flaps or other forms of securing the article to the garment, and that the adhesive can cover the whole, part or several distinct parts of the garment-facing surface based on the adhesive needs of the article (page 2 lines 24-27, page 10 lines 17-24). Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying Querqui to have a central rear adhesive region from 10%-40% of the total transverse width of the total transverse width of the backsheet; therefore, 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 Querqui by making the width of the adhesive be between 10%-40% of the rear transverse width as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
However, Querqui 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 (3) is an air-through-bonded fibrous nonwoven surface layer 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]).
The substitution of one known element (generic fluid pervious material as shown in Querqui) for another (the air-through-bonded nonwoven as shown in Kudo) would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the substitution of the air-through-bonded fibrous nonwoven of Kudo would have yielded predictable results, namely, a porous material on the surface of the article to absorb liquid. See MPEP 2143 (A-C). Further, the surface layers of Querqui and Kudo share the same purpose: absorbing incoming exudate and being permeable to direct fluid downward (para. [0063, 0064] of Kudo and page 8 line 23 – page 9 line 2 of Querqui). The basis weight and density can alter the properties of the surface layer and is a result effective variable (para. [0065, 0086] of Kudo) in which changing the makeup of the surface layer can alter the absorbance capacity and the cushioning feel of the article for the user. Therefore, 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 Querqui by making the surface layer a basis weight of from 14 to 30 g/m2 and a density of from 20 to 90 kg/m3 as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ.
However, Querqui fails to disclose wherein an entirety of said rear portion is divided, as seen in said transverse direction in a central rear portion and in first and second lateral rear portions extending from said dividing line and towards said rear end edge, 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 an entirety of said rear portion (30) is divided, as seen in said transverse direction (I, annotated Figure 7) in a central rear portion (151) and in first (150) and second lateral rear portions (150) extending from said dividing line (124) and towards said rear end edge (M, annotated fig. 7B), wherein said central rear portion (151) is free from adhesive (para. [0060]), and wherein said adhesive region (150) covers said first (J) and second lateral rear portions (K) forming first and second lateral rear adhesive regions (150, 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 device of Querqui and incorporate the adhesive pattern of Mortensen. Querqui discloses an article that adheres to the inside of a user’s undergarment in contact with the underside of the user (page 2 lines 12-14). Mortensen also discloses an article that adheres to the inside of a user’s undergarment or pants in contact with the underside of the user (abstract, para. [0060]). The articles of Querqui and Mortensen achieve the same intended use of attaching an article to the inside of a user’s garment with adhesives that are applied onto to the underside of the bottommost layer. One of ordinary skill in the art would have recognized that the adhesive pattern of Querqui, wherein the adhesive is applied in one strip down the center, could be substituted with the adhesive pattern of Mortensen, wherein the adhesive is applied in two peripheral strips down the sides, to achieve the same intended use and purpose of the article. The predictable result is that the article would adhere to the garment with the adhesive on the peripheral edges. MPEP 2144.07.
However, the combination 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 an entire length of the rear end 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 Querqui 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 8, the combination of Querqui, Kudo, Mortensen, and Nozaki discloses the article of claim 7. Querqui fails to disclose wherein a transverse width of said first (J) and second (K) lateral rear adhesive regions (150) each is from 5% to 40%, as measured at the widest transverse width of said backsheet in said rear portion.
Mortensen teaches wherein a transverse width of said first (J) and second (K) lateral rear adhesive regions (150) each is from 5% to 40%, as measured at the widest transverse width of said backsheet (60) in said rear portion (annotated 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 device of Querqui and incorporate the adhesive pattern of Mortensen. Querqui discloses an article that adheres to the inside of a user’s undergarment in contact with the underside of the user (page 2 lines 12-14). Mortensen also discloses an article that adheres to the inside of a user’s undergarment or pants in contact with the underside of the user (abstract, para. [0060]). The articles of Querqui and Mortensen achieve the same intended use of attaching an article to the inside of a user’s garment with adhesives that are applied onto to the underside of the bottommost layer. One of ordinary skill in the art would have recognized that the adhesive pattern of Querqui, wherein the adhesive is applied in one strip down the center, could be substituted with the adhesive pattern of Mortensen, wherein the adhesive is applied in two peripheral strips down the sides, to achieve the same intended use and purpose of the article. The predictable result is that the article would adhere to the garment with the adhesive on the peripheral edges. MPEP 2144.07.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Querqui (WO 9610975 A1) in view of Kudo (US 20050148970 A1), Nozaki (US 20030018314 A1) as applied to claim 1 above, and in further view of Miura et al. (US 20060116652 A1, hereafter “Miura”).
Regarding claim 3, the combination of Querqui, Kudo and Nozaki discloses a sanitary article according to claim 1. However, the combination fails to disclose wherein the backsheet is provided with more than one adhesive region and more than one adhesive-free region, wherein each of the adhesive regions and each of the adhesive-free regions extend in the longitudinal direction, and 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.
Miura teaches wherein the backsheet is provided with more than one adhesive region (55) and more than one adhesive-free region (T, annotated fig. 7), wherein each of the adhesive regions and each of the adhesive-free regions extend in the longitudinal direction, (annotated fig. 7) and 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.
The width of the adhesive is a result effective variable in which more adhesive patches better adhere the article to the undergarment, therefore a transverse width that has more area covered by an adhesive better secures the article in place (para. [0092-0094] of Miura). Therefore, 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 Querqui and Kudo wherein the width of the adhesive regions is from 5% - 40% of the transverse width as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ.
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Conclusion
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/ERIN A KIM/Examiner, Art Unit 3781
/SUSAN S SU/Primary Examiner, Art Unit 3781 26 November 2025
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