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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 22 August 2025 has been entered.
Response to Arguments
Applicant’s arguments filed 22 August 2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 3-6 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.
Claim 1 recites the limitation "the absorber side" in line 9. There is insufficient antecedent basis for this limitation in the claim. It is also unclear if this limitation refers to a side of the absorber, a side of the side sheet, or a side of a layer between the side sheet and the absorber.
Claim 1 recites the limitation "the center side" in lines 14-15. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "left and right compressed grooves" in lines 3. Previously, only compressed grooves were disclosed. It is unclear if this limitation is intended to further limit the previously disclosed compressed grooves, or to refer to additional compressed grooves.
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.
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishitani et al. (9,029,626) in view of Fujioka et al. (8,216,206) and Nakanishi et al. (5,201,727).
With respect to claim 1, Nishitani discloses an absorbent article, as shown in figure 1, comprising an absorber 30, side sheets 41 and 42 on a skin-contact surface side over an entire length, and a pair of wing-shaped flaps 61 and 62 protruding outward in a width direction to be fixed to an undergarment in a region S corresponding to a body fluid discharge portion of a wearer, as shown in figure 2. The side sheets 41 and 42 comprise a non-adhesive portion extending between 51ff/52ff and 51rf/52rf in which a center portion of the side sheets is not bonded to the absorber side in a longitudinal section including the region S, as shown in figure 1 and disclosed in column 5, lines 13-15. The side sheets further comprise an adhesive portion 51f/r and 52f/r in which the side sheets are bonded to the absorber side, as disclosed in column 5, lines 4-6, at an outer side and both ends of the non-adhesive portion, as shown in figures 1 and 2. An edge of the side sheets 41 and 42 is located to the center side in the width direction from a side edge 31 and 32 of the absorber 30, as shown in figure 1. The adhesive portion adjacent the outer side of the non-adhesive portion has an edge in the width direction provided in a position in the vicinity of the side edge of the absorber 30, as shown in figure 2. The absorber 30 has a constricted portion 31 and 32 constricted into an arc shape inward in the width direction on both sides in the longitudinal section including the region S, as shown in figure 1. The edge of the adhesive portion is provided in a position overlapped to a narrowest portion of the constricted portion 31 and 32, as shown in figure 1.
Nishitani discloses all aspects of the claimed invention with the exception of the side sheets not including an elastically stretchable member, and a wing displacement prevention adhesive layer with a side edge at an inner side that coincides with a virtual line linking the side edges of the absorber in the constricted portion.
Fukioka discloses an absorbent article having side sheets 8, as shown in figure 1, and discloses in column 1, lines 19-23, that elastically stretchable members in side sheets cause discomfort to a wearer. Fukioka teaches the use of side sheets that do not include elastically stretchable members improve feeling to the wearer, as disclosed in column 1, lines 25-28. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make side sheets of Nishitani that do not include an elastically stretchable member, as taught by Fukioka, to improve the comfort and feel to the wearer.
Nakanishi discloses an absorbent article having a pair of wing-shaped flaps 5, as shown in figure 2. The wing-shaped flaps are provided with a wing displacement prevention adhesive layer 6, as shown in figure 2, which has a side edge at an inner side that coincides with the side edge of the absorber 4, as shown in figures 1b and 2. Nakanishi teaches that the wing prevention adhesive layer allows the article to be fixed to undergarments irrespective of the shape of the undergarment, as disclosed in column 3, lines 6-10. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the wing-shaped flaps of Nishitani with a wing displacement adhesive layer that coincides with a side edge of the absorber, as taught by Nakanishi, to allow the article to be securely fixed to different shapes of undergarments. Since the side edges of the absorber of Nishitani have a constricted portion in the region of the flaps, when modified by the teaching of Nakanishi, the side edge of the inner side of the adhesive layer will coincide with a virtual line linking the side edges of the absorber in the front and back of the constricted portion.
With respect to claim 3, Nishitani further discloses compressed grooved 101, 102, 201, and 202 dented toward a non-skin side and formed on a skin-contact surface of a main body part in which the absorber 30 is interposed, as shown in figure 2. The compressed grooves are formed on both side portions of the longitudinal section in a region M corresponding to the body fluid discharge portion of a wearer and in a planar shape bulge to an outer side in the width direction, as shown in figure 1.
With respect to claim 4, a maximum bulging portion of each compressed groove 101, 102, 201, and 202 of Nishitani is provided in a position coinciding with the longitudinal direction L of the article, as shown in figure 1.
With respect to claim 5, rigidity of the absorber 30 at the outer side S1 and S2 of the compressed groove 201 and 202 is set to be lower than rigidity of the absorber 30 between the compressed grooves, as disclosed in column 6, lines 47-50.
With respect to claim 6, a center portion of the wing-shaped flap 61 and 62 and a center portion of the non-adhesive portion are provided in the position M coinciding with the longitudinal direction L of the article, as shown in figure 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents 5,387,210; 5,752,947; 7,122,713; and 7,550,646 disclose absorbent articles having side sheets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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, 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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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781