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 10/31/2025, with respect to the rejection(s) of claim(s) 1, 3-16 and 18-21 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Turner (US 20170165396 A1) in view of Kurihara et al (US 20190053958 A1). Accordingly, this action is second non-final.
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.
Claims 1, 3, 4, 6, 10-12, 14-16, 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 20170165396 A1) in view of Kurihara et al (US 20190053958 A1).
Regarding claim 1, Turner substantially teaches applicant’s claimed invention, and specifically discloses a device with every structural limitation of applicant’s claimed invention (except for the limitations shown in italics and grayed-out) including:
an absorbent article (figure 1, absorbent article 10) comprising:
a topsheet (figure 2, topsheet 24);
a backsheet (figure 2, backsheet 25); and
an absorbent core (figure 2, absorbent core 28) positioned between the topsheet and the backsheet;
wherein the absorbent article comprises a nonwoven web ([0076], [0163]-[0209], figures 43-54, nonwoven substrate 400), the nonwoven web having a first side and a second side (figure 54, first and second sides 418 and 420), the nonwoven web comprising thermoplastic fibers ([0171]-[0173] the substrate comprises polyethylene fiber) and cellulosic fibers;
wherein at least a portion of the thermoplastic fibers are present on the first side ([0171] the substrate is composed of polyethylene fibers, and therefore portion of the polyethylene fiber present on the first side) and at least a portion of the cellulosic fibers are present on the second side;
wherein a concentration of the thermoplastic fibers at the first side is higher than a concentration of the cellulosic fibers at the first side, and wherein a concentration of the thermoplastic fibers at the second side is less than a concentration of the cellulosic fibers at the second side;
wherein the nonwoven web has a pattern of discrete bond points (figure 46, [0169] and [0180] pattern of plurality of recess 414), wherein the discrete bond points have a basis weight greater than zero (figure 54 [0169] and [0180] the recess includes at least compressed bonded nonwoven material of one or more layer, consequently, the recess filled up with material having a basis weight at least greater than zero);
wherein the pattern of discrete bond points has a fiber free-length parameter, as measured by the Free Fiber Length Test, with a value of less than 2.90 mm;
wherein the second side of the nonwoven web forms part of an exterior surface of the absorbent article ([0166] As the substrate forms the topsheet, its second side of the substrate defines a part of the exterior surface of the absorbent article); and
wherein the discrete bond points are impressed into the first side of the nonwoven web.
Turner does not expressly teach wherein the pattern of discrete bond points has a fiber free-length parameter, as measured by the Free Fiber Length Test, with a value of less than 2.90 mm;
though alternate embodiment of Turner teaches pattern of apertures ([0180] “the recesses 414 may define an aperture 422 therein”) has a fiber length parameter less than 2.90 mm ([0192], [0196]-[0198] teaches example embodiments of aperture arrangement that having center to center aperture spacing in the range of 2mm to 20mm, and the aperture area in the range of about 0.5 to 10 mm2. When the article has the center to center length of 7mm, and the aperture area of 5 mm2, the fibre free-length parameter can be calculated as
1
2
7
m
m
×
7
m
m
-
5
m
m
2
7
m
m
= 2.78mm ≤2.9mm).
Therefore, 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 Turner and provides the pattern of discrete bond points has a fiber free-length parameter, as measured by the free fiber length test, with a value of less than 2.90 mm, and one of skill in the art motivated to do so, for the purpose of providing adequate fluid absorption rate for absorbent article as taught by Turner ([0163]-[0165]);
Turner does not teach the nonwoven web comprising cellulosic fibers;
wherein at least a portion of the cellulosic fibers are present on the second side;
wherein a concentration of the thermoplastic fibers at the first side is higher than a concentration of the cellulosic fibers at the first side, and wherein a concentration of the thermoplastic fibers at the second side is less than a concentration of the cellulosic fibers at the second side;
wherein the discrete bond points are impressed into the first side of the nonwoven web.
In the same field of endeavor, namely an absorbent article, Kurihara teaches the nonwoven web (figures 6-7, [0024], [0065]-[0070] nonwoven substrate comprising second sheet 22 joined to the surface sheet 3 at recess 21) comprising cellulosic fibers (figures 6-7, [0024] and [0047] the surface sheet 3 made of cotton fiber) having a first side (figures 6-7, second sheet 22) and a second side (figures 6-7, surface sheet 3);
wherein at least a portion of the cellulosic fibers are present on the second side (figures 6-7, [0024] and [0047] surface sheet 3 made of cotton fiber);
wherein a concentration of the thermoplastic fibers at the first side is higher than a concentration of the cellulosic fibers at the first side ([0024] [0070] the second sheet 22 is made of thermoplastic, for example polyethylene. It has higher concentration of thermoplastic fiber than the cellulosic fibers), and wherein a concentration of the thermoplastic fibers at the second side is less than a concentration of the cellulosic fibers at the second side ([0024] [0065]-[0070] The surface sheet 3 made of cotton fiber. It has a higher concentration of the cellulosic fibers than the thermoplastic fiber);
wherein the discrete bond points are impressed into the first side of the nonwoven web (figure 7, the recess 21 is impressed into the second sheet 22).
Therefore, 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 Turner, to incorporate the teachings of Kurihara and provides the nonwoven web as claimed for the purpose of ensuring the formation and stability of bonding points across the multilayered structure, while promoting liquid transfer from the bonding points to the absorber side, thereby the amount of water retention on the surface facing layer is reduced as taught by Kurihara ([0024])
Regarding claim 3, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination does not teach wherein the nonwoven web is a spunlace nonwoven web.
In the same field of endeavor, namely an absorbent article, Kurihara teaches wherein the nonwoven web is a spunlaced nonwoven web (Kurihara; [0047] surface sheet 3 is a spunlaced non-woven fabric).
Therefore, 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 Turner, as modified by Kurihara, to incorporate the teachings of Kurihara and provides the nonwoven web as claimed for the purpose of soft tactile property as taught by Kurihara ([0053]).
Regarding claim 4, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches wherein the wherein the cellulosic fibers are cotton fibers (Kurihara; figures 6-7, [0024] and [0047] the surface sheet 3 made of cotton fiber)
Regarding Claim 6, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches wherein the nonwoven web has a basis weight in the range of 25 gsm to 70 gsm (Turner; [0175] “the basis weight of the substrate may be about 30 gsm to about 40 gsm”)
Regarding claim 10, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches wherein the pattern is a regular pattern based on a primitive cell that repeats uniformly over the nonwoven web (Turner; annotated figure 21, [0149], the pattern based on a primitive cell repeats uniformly over the nonwoven web)
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Regarding claim 11, Turner, as modified by Kurihara, teaches the absorbent article of claim 10.
The combination further teaches wherein the primitive cell is defined by four lattice points, and wherein each lattice point is located at the centroid of a respective one of the discrete bond points (Turner; annotated figure 21 above, four lattice points a-d located at the centroid of discrete bond points).
Regarding Claim 12, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches wherein the discrete bond points have at least one of, or any combination of two or more of:
identical size (Turner; figure 46 [0159], [0178], recesses 424 having identical size and shape);
identical shape; and
identical orientation.
Regarding Claim 14, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches wherein the nonwoven web forms at least a portion of the topsheet (Kurihara; [0072] figures 2-3 the surface sheet 3 forms at least a portion of the topsheet), and wherein the second side of the nonwoven web forms a body facing surface of the absorbent article (Kurihara; [0072] figures 2-3, the surface sheet 3 facing wearer)
Regarding claim 15, , Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches the nonwoven web forms at least a portion of the backsheet (Turner; [0164], the substrate form other portions of absorbent articles i.e., backsheet).
The combination does not expressly teach wherein the second side of the nonwoven web forms a garment facing surface of the absorbent article.
However, 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 Turner, as modified by Kurihara, with a reasonable expectation of success, to have the second side of the nonwoven web forms a garment facing surface of the absorbent article, as a person of ordinary skill has a good reason to pursue the known options (the second side of the nonwoven web facing garment or wearer) within his or her technical grasp. If this leads to the anticipated success (providing a soft tactile property of the second side on garment facing surface of absorbent article as taught by Kurihara ([0005]), it is likely that product was not of innovation but of ordinary skill and common sense. In the instant case, the modification involves obvious to try see MPEP 2143.
Regarding Claim 16, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches comprising a belt (Turner; figure 1, front and rear waist region 5 and 6 together forms a belt configured to wrap around wearer’s waist), wherein the nonwoven web forms at least a portion of the belt (Turner; [0164] the substrate form other portions of absorbent articles i.e., belt).
Regarding Claim 18, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches wherein the nonwoven web comprises apertures (Turner; figure 54, aperture 422)
Regarding Claim 19, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches wherein the nonwoven web comprises projections and/or recesses (Turner; figure 54, top peak 425)
Regarding Claim 20, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches wherein the nonwoven web is coated by a hydrophobic material (Turner; [0052] “at least a portion or region of a single or multi-layer substrate that has a compound, composition, or substance applied to at least a portion thereof. Some examples are one or more skin care compositions, surfactants, inks, dyes, pigments, hydrophilic coatings, hydrophobic coatings,”)
Regarding claim 21, Turner teaches an absorbent article (figure 1, 20) comprising:
a topsheet (figure 2, topsheet 24);
a backsheet (figure 2, backsheet 25); and
an absorbent core (figure 2, absorbent core 28) positioned between the topsheet and the backsheet;
wherein the absorbent article comprises a nonwoven web ([0076], [0163]-[0209], figures 43-54, nonwoven substrate 400), the nonwoven web having a first side and a second side (figure 54, first and second sides 418 and 420), the nonwoven web comprising thermoplastic fibers ([0171]-[0173] the substrate comprises polyethylene fiber) and cellulosic fibers;
wherein a concentration of the thermoplastic fibers at the first side is higher than a concentration of the cellulosic fibers at the first side, and wherein a concentration of the thermoplastic fibers at the second side is less than a concentration of the cellulosic fibers at the second side;
wherein at least a portion of the thermoplastic fibers are present on the first side ([0171] the substrate comprising first and second layer comprise polyethylene fibers) and at least a portion of the cellulosic fibers are present on the second side;
wherein the nonwoven web has a pattern of discrete bond points (figure 46, [0169] and [0180] plurality of recess 414);
wherein the discrete bond points comprise a fused mass of thermoplastic material that enrobes at least some of the cellulosic fibers;
wherein the pattern of discrete bond points has a fiber free-length parameter, as measured by the Free Fiber Length Test, with a value of less than 2.90 mm;
wherein the second side of the nonwoven web forms part of an exterior surface of the absorbent article; and
wherein the discrete bond points are impressed into the first side of the nonwoven web.
Turner does not expressly teach wherein the pattern of discrete bond points has a fiber free-length parameter, as measured by the Free Fiber Length Test, with a value of less than 2.90 mm;
though alternate embodiment of Turner teaches pattern of apertures ([0180] “the recesses 414 may define an aperture 422 therein”) has a fiber length parameter less than 2.90 mm ([0192], [0196]-[0198] teaches example embodiments of aperture arrangement that having center to center aperture spacing in the range of 2mm to 20mm, and the aperture area in the range of about 0.5 to 10 mm2. When the article has the center to center length of 7mm, and the aperture area of 5 mm2, the fibre free-length parameter can be calculated as
1
2
7
m
m
×
7
m
m
-
5
m
m
2
7
m
m
= 2.78mm ≤2.9mm).
Therefore, 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 Turner and provides the pattern of discrete bond points has a fiber free-length parameter, as measured by the free fiber length test, with a value of less than 2.90 mm, and one of skill in the art motivated to do so, for the purpose of providing adequate fluid absorption rate for absorbent article as taught by Turner ([0163]-[0165]);
Turner does not teach the nonwoven web comprising cellulosic fibers;
wherein a concentration of the thermoplastic fibers at the first side is higher than a concentration of the cellulosic fibers at the first side, and wherein a concentration of the thermoplastic fibers at the second side is less than a concentration of the cellulosic fibers at the second side;
wherein at least a portion of the cellulosic fibers are present on the second side.
wherein the discrete bond points comprise a fused mass of thermoplastic material that enrobes at least some of the cellulosic fibers;
wherein the second side of the nonwoven web forms part of an exterior surface of the absorbent article; and
wherein the discrete bond points are impressed into the first side of the nonwoven web.
In the same field of endeavor, namely an absorbent article, Kurihara teaches the nonwoven web (figures 6-7, [0024], [0065]-[0070] nonwoven substrate comprising second sheet 22 joined to the surface sheet 3 at recess 21) comprising cellulosic fibers (figures 6-7, [0024] and [0047] the surface sheet 3 made of cotton fiber) having a first side (figures 6-7, second sheet 22) and a second side (figures 6-7 surface sheet 3);
wherein a concentration of the thermoplastic fibers at the first side is higher than a concentration of the cellulosic fibers at the first side ([0024] [0070] the second sheet 22 is made of thermoplastic, for example polyethylene. It has higher concentration of thermoplastic fiber than the cellulosic fibers), and wherein a concentration of the thermoplastic fibers at the second side is less than a concentration of the cellulosic fibers at the second side ([0024] [0065]-[0070] The surface sheet 3 made of cotton fiber. It has a higher concentration of the cellulosic fibers than the thermoplastic fiber);
wherein at least a portion of the cellulosic fibers are present on the second side ([0024] [0065]-[0070] surface sheet 3 made of cotton fiber).
wherein the discrete bond points comprise a fused mass of thermoplastic material that enrobes at least some of the cellulosic fibers ([0024] molten thermoplastic fiber of the second sheet melted and penetrate into the surface sheet and fuses with cotton fiber by compression);
wherein the second side of the nonwoven web forms part of an exterior surface of the absorbent article (figures 2 and 3, the surface sheet 3 forms an exterior surface of absorbent article 1a); and
wherein the discrete bond points are impressed into the first side of the nonwoven web (figure 7, the recess 21 is impressed into the second sheet 22).
Therefore, 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 Turner to incorporate the teachings of Kurihara and provides the nonwoven web as claimed for the purpose of ensuring the formation and stability of bonding points across the multilayered structure, while promoting liquid transfer from the bonding points to the absorber side, thereby the amount of water retention on the surface facing layer is reduced as taught by Kurihara ([0024])
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 20170165396 A1) in view of Kurihara et al (US 20190053958 A1), and in further view of UDA et al (US 20180133072 A1)
Regarding Claim 5, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination does not expressly teach wherein the cellulosic Fibers have a mean fiber length of at least 20 mm, and wherein the mean fiber length is determined by weight of fibers according to the Mean Fiber Length of Cellulosic Fibers/ Proportion of Short Cellulosic Fibers Test.
In the same field of endeavor, namely an absorbent article, Uda teaches wherein the cellulosic Fibers have a mean fiber length of at least 20 mm ([0055] cotton having a fiber length of 20 mm or greater used), and wherein the mean fiber length is determined by weight of fibers according to the Mean Fiber Length of Cellulosic Fibers/ Proportion of Short Cellulosic Fibers Test.
Examiner’s note: a measurement method or test protocol does not carry patentable weight for a product claim if the claim itself is not structurally different from the prior art. Absent any showing of critical or unexpected results from measurement claimed by the testing method above, the prior art fiber length would satisfy the claimed ‘at least 20 mm’ limitation if measured by the applicant’s recited test.
Therefore, 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 Turner, as modified by Kurihara, to incorporate the teachings of Uda and provides the cellulosic fiber as claimed for the purpose of increasing liquid permeability as taught by Uda ([0055]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 20170165396 A1) in view of Kurihara et al (US 20190053958 A1), and in further view of Rosati et al (US 20190117473 A1).
Regarding claim 7, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination does not expressly teach wherein does not teach wherein the cellulosic fibers are present in the nonwoven web at a basis weight in the range of 10 gsm to 50 gsm.
In the same field of endeavor, namely a topsheet comprising natural fibers, Rosati teaches wherein does not teach wherein the cellulosic fibers are present in the nonwoven web at a basis weight in the range of 10 gsm to 50 gsm ([0465] a first layer being 100% cotton spunlace nonwoven and the basis weight of the first layer is 30 gsm).
Therefore, 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 Turner, as modified by Kurihara, to incorporate the teachings of Rosati and provides the cellulosic fiber as claimed for the purpose of improving breathability and softness, as taught by Rosati ([0084]).
Claims 8-9 rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 20170165396 A1) in view of Kurihara et al (US 20190053958 A1), and in further view of Morishita (US 20070015428 A1)
Regarding Claim 8, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination further teaches wherein the thermoplastic fibers (Turner; [0172] first layer and/or the second layer may comprises bicomponent fibers having a sheath and a core) are multicomponent fibers, comprising a first component ([0172] sheath) and a second component ([0172] core),
The combination does not expressly teach wherein the first component has a first melting point, wherein the second component has a second melting point, and wherein the first melting point is different from the second melting point.
In the same field of endeavor, namely a nonwoven fabric, Morishita teaches wherein the first component has a first melting point, wherein the second component has a second melting point, and wherein the first melting point is different from the second melting point ([0041] nonwoven fabric have a core-in-sheath structure that have a core with a first melting point and a sheath with a second melting point lower than the first melting point).
Therefore, 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 Turner, as modified by Kurihara, to incorporate the teachings of Morishita and provide the thermoplastic as claimed for the purpose of achieving excellent heat fusibility while providing fiber having light-weight and high strength, as taught by Morishita ([0041]).
Regarding claim 9, Turner, as modified by Kurihara and Morishita, teaches the absorbent of claim 8.
The combination further teaches wherein the first component is polyethylene (Morishita; [0041] polyethylene sheath).
Claim 13 is under 35 U.S.C. 103 as being unpatentable over Turner (US 20170165396 A1) in view of Kurihara et al (US 20190053958 A1), and in further view of Rinnert et al (US 20110319846 A1)
Regarding Claim 13, Turner, as modified by Kurihara, teaches the absorbent article of claim 1.
The combination does not expressly teach wherein a total area of the discrete bond points as a proportion of a total area of the nonwoven web is in the range of 5% to 50% or 5% to 40%.
In the same field of endeavor, namely a topsheet laminates, Rinnert teach wherein a total area of the discrete bond points as a proportion of a total area of the nonwoven web is in the range of 5% to 50% or 5% to 40% ([0015] cumulated surface area of the plurality of bonded points is from 10% to 25%).
Therefore, 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 Turner, as modified by Kurihara, to incorporate the teachings of Rinnert and provides the nonwoven web as claimed for the purpose of providing increased softness whilst not compromising its strength as taught by Rinnert ([0017]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH HAN whose telephone number is (571)272-2545. The examiner can normally be reached M-F 0900-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SETH HAN/Examiner, Art Unit 3781