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 09/16/2025 have been fully considered but they are not persuasive. Applicant argues Ashraf fails to describe each and every element of the amended claims. Applicant argues the Office relies upon paragraph 0156 and Figures 31 and 32 of Ashraf as allegedly teaching an acquisition distribution layer 250 positioned between the topsheet 224 and the absorbent core 228 and positioned at a body-facing side of the absorbent core 228. However, Applicant respectfully notes that Figs. 31 and 32 and paragraph 0156 of Ashraf only illustrate/describe than an article may include an acquisition distribution system (ADS) 250 that includes a distribution layer (DL) 254 shown as thicker layer close to the core and an acquisition layer (AL) 252 between the DL and topsheet. Applicant argues Ashraf does not teach an article having an AL that is a spunbond layer and that is in direct contact with the core and the topsheet and having the claimed features, such as comprising “synthetic fibers comprised at a level of greater than 80% by weight of the acquisition distribution layer” and “basis weight of from 10 to 40 gm2”. The examiner respectfully disagrees. What is claimed is “an acquisition distribution layer positioned between said topsheet and said absorbent core and positioned at a body-facing side of the absorbent core”. Ashraf teaches an ADS 250, which comprises a distribution layer 254 and an acquisition layer 252 (paragraph 0156), either of which would meet the limitation of an ‘acquisition distribution layer’ being positioned as claimed.
Applicant further argues the Office further relies on Ashraf paragraph 0206 as allegedly teaching that the ADS 250/252/254 is a spunbond nonwoven that is in direct contact with the body-facing side of the core and the TS (topsheet). Applicant respectfully disagrees. Ashraf (para. 206) describes an embodiment in which the 3D nonwoven material is provided as ONLY the topsheet of an absorbent article, and an AL (not the 3D nonwoven) is disposed BETWEEN the DL 254 and the TS 224 (Ashraf para. 0206), first and second sentences). Ashraf explains that “In such an instance”, the AL 252 may be a NW material such as hydrophilic SMS or SMM2. However, Ashraf does not describe the basis weight of such SMS or SMMS materials, and further the AL 252 does not have at least a substantial portion in direct contact with the body-facing side of the core 228, because the DL 254 is interposed therebetween. Applicant argues the other layer of the ADS is the DL 254, which may be in contact with the core, but is not in contact with the topsheet, is not a spunbond nonwoven and does not comprise greater than 80% by weight synthetic fibers. Applicant’s arguments are not persuasive.
Again, what is claimed is an “acquisition distribution layer”. Not an acquisition layer or a distribution layer. So the acquisition-distribution layer or system 250 meets the claim limitations of contacting the topsheet, directly contacting the body-facing side of the absorbent core, and comprising a spunbond material. Ashraf teaches the acquisition-distribution layer or system 250 (ADS) may comprise one, two, or more layers (paragraph 0201), the acquisition-distribution system is equivalent to the claimed acquisition distribution layer and meets the above limitations. Further , Ashraf teaches the spunbond nonwoven three-dimensional fabric can be used an acquisition and/or distribution layer (paragraph 0078).
Applicant further argues the Office cites to Example 7 (paragraph 0249) of Ashraf as allegedly teaching a bicomponent PE/PP spunbond nonwoven having an average basis weight of 25 gsm. Applicant respectfully submits that Example 7 merely teaches characteristics of an exemplary 3D nonwoven. Ashraf does not clearly and unambiguously disclose an article in which the described 3D nonwovens (such as example 7) are used as an acquisition distribution layer, in which a spunbond nonwoven layer is in direct contact with the body-facing side of the absorbent core and the topsheet as recited in pending claim 1. Applicant’s arguments are not persuasive. Example 7 represent shaped nonwovens of the disclosure (Table 5). Ashraf describes in paragraph 0249 the formation of example 7, a bicomponent spunbond nonwoven. Ashraf teaches the present disclosure (of Ashraf) provides a shaped nonwoven for use as an acquisition layer and/or distribution layer (paragraphs 0078 and 201). Thus, the shaped nonwoven acquisition system meets the limitations of pending claim 1.
Applicant argues Ashraf is not understood to disclose the combination of elements recited in independent claim 1. Therefore it is respectfully submitted that, for at least the reasons discussed above, independent claim 1 is believed patentable under 35 USC 103 over Ashraf. Claims 2, 3, 4, 44-13, 32, 33, and 41-45 depend from and include all the limitations of independent claim [1]. Applicant further argues the other cited references, Bianchi Polat and Cohen fail to cure these deficiencies.
For the reasons cited above, Applicant’s arguments are not persuasive and the rejection is maintained for independent claim 1 and its dependent claims.
Claim Rejections - 35 USC § 102
4. 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 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.
5. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
6. Claims 1, 5-7, and 34-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ashraf et al. US Patent Application Publication 2019/0003080.
As to claim 1, teaches an absorbent article 220 comprising an absorbent core 228 sandwiched between a liquid permeable topsheet 224 and a liquid impermeable backsheet 225 (Figures 31-32), and
an acquisition distribution layer 250 positioned between the topsheet 224 and the absorbent core 228 and positioned at a body- facing side of the absorbent core 228 (Ashraf Figures 31-32; paragraph 0156).
Ashraf teaches the three-dimensional nonwoven fabric 10 of the invention can be utilized as a component of absorbent article such as the acquisition layer or the acquisition and/or the distribution system (”ADS”) (Ashraf paragraph 0155).
Ashraf teaches the acquisition distribution layer 250,252/254 is a spunbond nonwoven (Ashraf paragraphs 0078, 0206) and at least a substantial portion of the spunbond nonwoven of the acquisition distribution layer 250/252/254 is in direct contact with the body-facing side of the absorbent core 228 and the topsheet 224 (Ashraf Figure 32, paragraph 0201),
wherein the absorbent core 228 comprises absorbent material selected from the group consisting of cellulose fibers, superabsorbent polymers and combinations thereof (Ashraf paragraphs 0169-0170),
the absorbent core 228 comprising at least one interconnected channel 226 free of the absorbent material (Ashraf paragraph 0190);
wherein the channel 226 has a length extending along a longitudinal axis 80’ and the absorbent core has a length extending along the longitudinal axis 80’ and wherein the length of the channel is from 10% to 95% of the length of the absorbent core 228 (Ashraf paragraph 0190);
characterized in that the acquisition distribution layer 250/252/254 comprises synthetic fibers, wherein the synthetic fibers are comprised at a level of greater than 80% wt by weight of the acquisition distribution layer, and wherein the acquisition distribution layer 250/252/254 has a basis weight of from 15 to 40 g/m2 -where Ashraf teaches the nonwoven 10 can comprise the ADS and Ashraf teaches an example (Example 7) where the nonwoven is a bicomponent spunbond nonwoven produced by spinning 50:50 ratio of polyethylene sheath and a polypropylene core and the nonwoven fabric 10 having an average basis weight of 25 grams per square meter (Ashraf paragraphs 0078, 0249).
As to claims 5 and 6, Ashraf teaches acquisition layers fabricated from synthetic polymers (Ashraf paragraph 0206), and where Ashraf teaches the ADS may comprise the nonwoven 10, Examples 7-9 teach synthetic polymers.
As to claim 7, Ashraf teaches the synthetic fibers comprise polypropylene fibers where Ashraf teaches the ADS may comprise the nonwoven 10, Examples 7-9 teach polypropylene fibers (Examples 7-9).
As to claims 34 and 35, Ashraf teaches an example (Example 7) where the nonwoven is a bicomponent spunbond nonwoven produced by spinning 50:50 ratio of synthetic fibers - a polyethylene sheath and a polypropylene core. Ashraf teaches acquisition layers fabricated from synthetic polymers (Ashraf paragraph 0206), and where Ashraf teaches the ADS may comprise the nonwoven 10, Examples 7-9 teach synthetic polymers.
As to claim 36, Ashraf teaches the ADS may comprise the nonwoven 10, Examples 7-9 teach synthetic polymers. Ashraf teaches during the making or in a post-treatment or even in both, the nonwoven fabrics can be treated with surfactants or other agents to either hydrophilize the web or make it hydrophobic (Ashraf paragraph 0101).
As to claim 37, Ashraf teaches the ADS may comprise the nonwoven 10, Examples 7-9 teach synthetic polymers. Ashraf teaches an example (Example 7) where the nonwoven is a bicomponent spunbond nonwoven produced by spinning 50:50 ratio of synthetic fibers - a polyethylene sheath and a polypropylene core.
As to claim 38, Ashraf teaches the nonwoven 10 can comprise the ADS and Ashraf teaches an example (Example 7) where the nonwoven is a bicomponent spunbond nonwoven produced by spinning 50:50 ratio of polyethylene sheath and a polypropylene core and the nonwoven fabric 10 having an average basis weight of 25 grams per square meter (Ashraf paragraph 0249), which has values in the claimed range of 18 to 35 g/m2.
As to claim 39, Ashraf teaches the nonwoven 10 can comprise the ADS and Ashraf teaches an example (Example 7) where the nonwoven is a bicomponent spunbond nonwoven produced by spinning 50:50 ratio of polyethylene sheath and a polypropylene core and the nonwoven fabric 10 having an average basis weight of 25 grams per square meter (Ashraf paragraph 0249), which has values in the claimed range of 20 to 35 g/m2.
As to claim 40, Ashraf teaches the nonwoven 10 can comprise the ADS and Ashraf teaches an example (Example 7) where the nonwoven is a bicomponent spunbond nonwoven produced by spinning 50:50 ratio of polyethylene sheath and a polypropylene core and the nonwoven fabric 10 having an average basis weight of 25 grams per square meter (Ashraf paragraph 0249), which has values in the claimed range of 21 to 25 g/m2.
Claim Rejections - 35 USC § 103
7. 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 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.
8. 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.
9. 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.
10. 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.
11. Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Ashraf et al. US Patent Application Publication 2019/0003080 in view of Bianchi et al. EP 3238676.
As to claims 2 and 3, Ashraf does not specifically teach at least one of the channels extends both along the longitudinal axis and along an axis perpendicular to the longitudinal axis, such that a shape is formed that is substantially U-shaped. However, Ashraf does teach various configurations for the channels (Ashraf paragraphs 0190-0196). Ashraf teaches the channel-forming areas are typically disposed as one or more symmetrical pairs relative to the longitudinal axis with a space between the channels (Ashraf paragraphs 0192, 0195). Ashraf teaches the channels may extend along the longitudinal and/or lateral directions (paragraph 0190) and may be present in the front waist region 205 and/or in the rear waist region 206 (paragraph 0191-0192). Ashraf does not teach the interconnected channel extends both along the longitudinal and lateral axis to form a substantially U-shape. Bianchi teaches an absorbent article with channels extending longitudinally and spaced apart from one another over their whole longitudinal dimension. Bianchi teaches it is not excluded that the channels may be joined together for example at their front or back extremities (paragraph 0062), in which the channels may form a general U-shape as broadly as claimed. It would have been obvious to one having ordinary skill in the art before the invention was originally file to modify the channels of Ashraf/Bianchi with a u-shape, since such a modification would have involved a mere change in the configurations of the channels, which both Ashraf and Bianchi teaches is acceptable. A change in shape is generally recognized as being within the level of ordinary skill in the art. In Re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
12. Claims 4, 13, 32, 33, 44, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Ashraf et al. US Patent Application Publication 2019/0003080.
As to claims 4, 32, and 33, Ashraf does not specifically teach the claimed void volume. However, Ashraf does teach acquisition/distribution system has some resilient fibers that provide a higher void volume (Ashraf paragraph 0204). It would have been obvious to one having ordinary skill in the art to determine by routine experimentation the void volume needed for a particular end use.
As to claims 13, 44, and 45, Ashrafi does not teach the relative porosity of acquisition distribution layer. Ashraf teaches the acquisition distribution layer constructed from the claimed materials. Therefore, since the prior art has met the structural requirements of the claim, Ashraf obviously includes an acquisition distribution layer capable of achieving the claimed test results.
13. Claims 11, 41, and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Ashraf et al. US Patent Application Publication 2019/0003080 in view of Polat et al. US Patent Application Publication 2007/0232178.
As to claims 11, 41, and 42 Ashraf does not specifically teach the mean flow pore size. Polat teaches acquisition layer, distribution layer, storage layer, core cover, and dusting layer may generally be known as wrap sheets. Polat teaches nonwoven wrap sheets may be fibrous structures which may have the primary functionality of containing materials of the absorbent core without detrimentally impacting on the fluid handling properties, even for subsequent gushes. The containment functionality may be achieved by fibrous structures having small mean pore sizes, such as less than 30 µm (Polat paragraph 0062). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the claimed mean flow pore size for the benefits taught in Polat.
14. Claims 12 and 43 rejected under 35 U.S.C. 103 as being unpatentable over Ashraf et al. US Patent Application Publication 2019/0003080 in view of Bianchi et al. EP 3238676 and further in view of Cohen US Patent Application Publication 2006/0095012.
As to claims 12 and 43, Ashraf does not specifically teach the acquisition distribution system is offset from the absorbent core along the longitudinal axis. Cohen teaches an absorbent article having an acquisition distribution layer (ADL) 14 where the ADL does not extend the full length of the core 16, but is positioned closer to the front waist portion of the article (longitudinally) for the benefit of enhancing the effectiveness of the article in absorbing body fluids (Cohen paragraph 0036; Figure 1). It would have been obvious to one having ordinary skill in the art when the invention was originally filed to modify the acquisition distribution system of Ashraf/Bianchi to have the acquisition distribution layer(s) offset at least along the longitudinal axis for the benefit of enhancing the effective of the fluid distribution in the area of insult. The acquisition distribution layers offset longitudinally from the core so that the transverse or lateral axes do not align would also result in a portion of the channels not overlapping an acquisition distribution system oriented towards the front portion of the article as taught in Cohen - at least in the rear portion and extending in the widthwise direction as discussed in the rejection of claims 2 and 3 above where the channels form a U-shape.
Conclusion
15. THIS ACTION IS MADE FINAL. 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.
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at 571-270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781