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 .
Status of the Claims
In view of the appeal brief filed on 04/29/2026, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/SARAH AL HASHIMI/ Supervisory Patent Examiner, Art Unit 3781
Response to Arguments
Applicant’s arguments filed 04/29/2026, with respect to the rejection(s) of claim(s) 11-15 and 25-29 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 Therefore, the rejection has been withdrawn.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 Long et al (US 20070024457 A1) and Bosaeus (US 20140350503 A1).
Specification
The amendment filed 06/28/2022 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The incorporation by reference of the international patent application EP19184167.5 is ineffective as it was added on or after the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 06/26/2020, see MPEP 1893.03(b). Therefore the specification amendment of 06/28/2022 to include the incorporation by reference is new matter, per MPEP 608.01(p).
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claims 13 and 14 are objected to because of the following informalities:
Claim 13 line 2 recites “corresponding terminals” which should read “the corresponding terminals”
Claim 14 lines 3-4 recites “corresponding terminals” which should read “the corresponding terminals”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 15 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 15 which depends from claims 1 and 11, recites “wherein the sensing tracks are arranged so that a separate monitoring of at least three different zones along a widthwise direction of the core of the absorbent article is possible”, which does not impose any additional limitation of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 11-15, 25 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Long et al (US 20070024457 A1).
Regarding claim 1, Long teaches a substrate (figure 6 and [0069 0115 and 0116], a laminate forms an outer cover 40) suitable for incorporation into an absorbent article for monitoring and detecting the presence of wetness therein and/or risk of exudate leakage therefrom, said substrate comprising a conductive pattern (figure 6 and [0069], conductive elements 100, 102, 150 and 160) disposed on a first surface (figure 6 and [0069] inside surface of the outer cover 40 that faces absorbent structure 44) capable of being arranged proximal to a body facing side of the absorbent article (figure 6, 20), wherein said conductive pattern can be brought in electrical communication with a clip-on data processing module (figure 7 [0113] signal device 110 configured to be electrically connected to the conductive elements), said conductive pattern comprising a plurality of connection tracks (figure 6, conductive pad members 104, 106, 152 and 162); and a plurality of sensing tracks (figure 6 and [0109], sensing track between conductive elements 100 and 102, 100 and 150, and 100 and 160) connected to said connection tracks, the plurality of sensing tracks and the plurality of connection tracks comprising at least four connection tracks (figure 6, at least four conductive pad members 104, 106, 152 and 162) and/or sensing tracks, characterized in that
the conductive pattern is configured in a manner that addressing multiple combinations of said plurality of connection tracks (figure 6, at least four conductive pad members 104, 106, 152 and 162) with corresponding terminals (figure 7 [0112-0113] the signaling device 110 includes at least four corresponding terminals results in multiple electrical circuit configuration for measuring resistance among conductive elements, for example open circuit between 100 or 102 represents nearly infinite resistance while closed circuit represent nearly zero resistance) of the clip-on data processing module result in multiple electrical circuit configurations for measuring resistance, impedance and/or capacitance therethrough, and wherein the sensing tracks are arranged so that a separate monitoring of at least three different zones along a lengthwise direction of the core of the absorbent article is possible ([0112] at least front, crotch and back regions).
Regarding claim 11, Long teaches an absorbent article (figure 6, 20) suitable for monitoring and detecting the presence of wetness therein and/or risk of exudate leakage therefrom, said absorbent article comprising:
a liquid impermeable backsheet (figures 6 and 7 [0002 0115] liquid impermeable outer cover 40);
a liquid permeable topsheet (figure 4 [0002] liquid permeable body-side liner 42);
an absorbent core ([0051] absorbent structure 44 disposed between the cover 40 and liner 42) interposed between said backsheet and topsheet wherein said backsheet comprises a substrate ([0069 and 0115-0116] the outer cover comprises the laminate of claim 1 rejection above) according to claim 1.
Regarding claim 12, Long teaches the absorbent article according to claim 11.
Long further teaches wherein said absorbent article further comprises the clip-on data processing module (figure 5 [0109-0113] removable signaling device 100 includes corresponding terminals, and the signaled device is configured to be selectively addressing the resistance change in between conductive elements in front, crotch and rear regions ) having the corresponding terminals capable of selectively addressing the plurality of connection tracks of the conductive pattern, wherein the clip-on data processing module is removable.
Regarding claim 13, Long teaches the absorbent article according to claim 12.
Long further teaches wherein selectively addressing multiple combinations of the plurality of connection tracks with corresponding terminals of the clip-on data processing module result in multiple electrical circuit configurations for measuring resistance, impedance and/or capacitance therethrough (figure 5 [0109-0113] removable signaling device 100 includes corresponding terminals, and the signaled device is configured to be selectively addressing the resistance change between connecting pads 104, 106 152 and 162); and/or
wherein at least a portion of the clip-on data processing module is retained within a pocket, said pocket positioned over at least a portion of the absorbent core with the core being interposed between said pocket and the skin of a subject when the absorbent article is worn such that when the clip-on data processing module is inserted into the pocket the absorbent core provides a cushioning layer between said clip-on data processing module and said skin of the subject.
Regarding claim 14, Long teaches the absorbent article according to claim 13.
Long further teaches wherein measuring resistance, impedance and/or capacitance of multiple circuit configurations defined by the conductive pattern (figure 6 and [0109-0113] pattern of conductive elements with the corresponding terminals in the signaling device enables selectively addressing wetness in different zones, e.g., 100 and 102 monitors wetness in the front region, 100 and 150 monitors the crotch region, 100 and 160 monitors the back region) selectively addressed with corresponding terminals of the clip-on data processing module enables monitoring wetness at different zones of the core of the absorbent article and/or monitoring a distribution of wetness as a result of the actual and/or previous body position of a wearer of said absorbent article.
Regarding claim 15, Long teaches the absorbent article according to claim 14.
Long further teaches wherein the sensing tracks are arranged so that a separate monitoring of at least three different zones along a lengthwise direction of the core of the absorbent article is possible (figure 6 and [0109-0113] the sensing tracks enables monitoring wetness at least three different zones along a lengthwise direction, e.g., 100 and 102 monitors wetness in the front region, 100 and 150 monitors the crotch region, 100 and 160 monitors the back region).
Regarding claim 25, Long teaches the absorbent article according to claim 12.
Long further teaches wherein said absorbent article is a disposable diaper, pad or pant ([0046] diaper).
Regarding claim 26, Long teaches the absorbent article according to claim 12.
Long further teaches wherein the number of said terminals is at least the same as the number of said connection tracks ([0109-0113] the signaling device comprises terminals same as the number of conductive pads 104, 106,1 52 and 162 ).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Long et al (US 20070024457 A1) in view of Bosaeus (US 20140350503 A1).
Regarding claim 27, Long teaches the absorbent article according to claim 14.
Long does not teach wherein the sensing tracks are arranged so that a separate monitoring of at least five different zones along a lengthwise direction of the core of the absorbent article is possible.
In the same field of endeavor, namely a method for detecting a liquid discharge to an absorbent article, Bosaeus teaches wherein the sensing tracks are arranged so that a separate monitoring of at least five different zones along a lengthwise direction of the core of the absorbent article is possible (figure 6 and [0085] five liquid discharge detection zones 9 along the length of the absorbent article 1).
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 Long to incorporate the teachings of Bosaeus and provides the sensing tracks as claimed for the purpose of enhancing accuracy of liquid discharge event as taught by Bosaeus ([0024-0028]).
Allowable Subject Matter
Claims 16, 28 and 29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: No prior art, alone or in combination, could be found to teach (claim 16) “wherein the sensing tracks are arranged so that a separate monitoring of at least two different zones along a widthwise direction of the core of the absorbent article is possible”, while claim 1 requires “a separate monitoring of at least three different zones along a lengthwise direction of the core”.
The closest prior art Long teaches the absorbent article including the claimed substrate, but fails to teach the sensing tracks as claimed as Long teaches the sensing tracks are arranged to monitor different zones along a lengthwise direction, i.e., front, crotch and back region.
Sherron (US 20100241094 A1) and Monson (US 20180021184 A1) teaches detecting the presence of fluid in widthwise direction. However, It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Long to incorporate the widthwise sensing track arrangement taught by Sherron and Monson, as the modification would alter the intended operation of Long, i.e., monitoring different zones along a lengthwise direction, i.e., front crotch and back, and furthermore, the longitudinal arrangement of Long is capable of detecting fluid regardless of its lateral position. Accordingly, the modification to yield the claim is not necessarily and would increase the complexity of Long without an improvement.
Similarly, Claim 28 recite the sensing track are arranged so that a separate monitoring of at least four different zones along a widthwise direction, and Claim 29 recites “the sensing tracks are arranged so that a separate monitoring of at least two different zones along a widthwise direction”. Accordingly, The claims are allowable over the prior art.
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
Prosecution Insights