DETAILED CORRESPONDENCE
Note: This office action is in response to communication filed on 08/11/2025.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/11/2025 has been entered.
Status of Claims
Claim(s) 1-2 and 4-21 is/are pending in the application.
Claim(s) 1-2 and 4-21 is/are examined on the merits.
Response to Arguments
Applicant’s arguments/remarks filed on 08/11/2025 have been fully considered.
Applicant argues that none of the cited references teach the claimed L* values and delta E* values associated with the specific zones. Examiner agrees that the cited references do not teach the L* values and delta E* values associated with the specific zones. However, Gross suggests to provide color effects on different parts/areas of the absorbent article (Abstract, ¶0004, and 0055) and have light transmission measurement based on the CIE L*a*b* (CIELAB) color system (¶0457); and Minoguchi teaches different areas/portions of the absorbent article have different types of visual characteristics (¶0097-0103) which means that different areas/portions of the absorbent article would have different color values for the benefit of providing a visible, distinguishing or recognizable feature or attribute of a visible aspect of one or more elements of an absorbent article (¶0021). In addition, the new references Ljungberg (US PGPUB 20210369510), Liu (US PGPUB 20160113826) are applied to teach the L* values of the absorbent core zone and the inside outside portions of the absorption zone (¶0209-0212) and teach the delta E* between a first colored areas and a second colored area is at least 4.5 (¶0061). A person having ordinary skill in the art would be able to determine through routine experimentation the color values needed to provide visually distinctive components/zones based on the teachings of Gross, Minoguchi, Ljungberg, and Liu. Furthermore, Applicant places no criticality on the claimed L* values and the delta E* values. Table 2 from the Specification only provides examples of different zones with different L* values. Table 2 is not sufficient to prove criticality. Thus, Gross/Minoguchi/Ljungberg/Liu discloses the claimed L* values and the delta E* values.
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 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.
Claim(s) 1, 2, 4-11, and 17-21 is/are rejected under 35 U.S.C 103 as being unpatentable over Gross (US PGPUB 20160278986) in view of Minoguchi (US PGPUB 20160270976), Ljungberg (US PGPUB 20210369510), Liu (US PGPUB 20160113826) and Van Gompel (US PGPUB 20050148975).
Regarding claim 1, Gross discloses a disposable absorbent article (a disposable absorbent article 310/4400: Abstract, ¶0130, Figs. 3A-B and 35A) having a longitudinal axis and a transverse axis disposed perpendicularly to the longitudinal axis (a longitudinal axis 380 and a transverse axis 390: ¶0130 and Fig. 3A), a front portion (at/near a front edge 322: ¶0131 and Fig. 3A), a rear portion (at/near a rear edge 324: ¶0131 and Fig. 3A), and a central portion disposed between the front portion and rear portion (a central portion disposed between the front portion and rear portion: Fig. 3A), the disposable absorbent article (310/4400) further comprising:
a topsheet (a topsheet 110/314: ¶0070, 0130, and Fig. 3A);
a backsheet (a backsheet 316: ¶0130 and Fig. 3A);
an absorbent system disposed between the topsheet and the backsheet (Fig. 3A-B), wherein the absorbent system comprises an absorbent core (an absorbent core 318/4421: ¶0130, 0328, Figs. 3A, and 35A) having longitudinal side edges on opposite longitudinal sides of the absorbent core (longitudinal side edges 318a and 318b: ¶0130 and Fig. 3A) and transverse end edges on opposite transverse sides of the absorbent core (transverse end edges on opposite transverse sides of the absorbent core 318: Fig. 3A), the absorbent core (318/4421) being disposed in an absorbent core zone (area around the absorbent core 4421: Fig. 35A),
an outer periphery formed at least in part by a portion of the topsheet and a portion of the backsheet (see annotated Fig. 35A below);
an outer boundary zone comprising the outer periphery (see annotated Fig. 35A below);
an inner boundary zone disposed between the outer boundary zone and the absorbent core zone in the rear portion (see annotated Fig. 35A below).
Gross does not disclose the absorbent core zone exhibits a first L* value, the outer boundary zone exhibits a second L* value of less than 89, the inner boundary zone exhibits a third L* value which is greater than the second L* value, wherein the third L* value is from between 60 and 94, wherein the first L* value is greater than the second and third L* values, and third L* value is lower than the first L* value by at least 4, such that there is a perceptible visual difference between the absorbent core zone and the inner boundary zone; however, Gross further discloses/suggests to provide color effects on different parts/areas of the absorbent article (Abstract, ¶0004, and 0055) and have light transmission measurement based on the CIE L*a*b* (CIELAB) color system (¶0457).
In the same field of endeavor, absorbent articles, Minoguchi discloses an absorbent article comprising an outer surface 22, an inner surface 24 opposed to the outer surface 22, a front region 26, a back region 28, a crotch region 30, and seams 32 (¶0030 and Figs. 1-2). Minoguchi further teaches the absorbent article evaluated according to CIELAB color scale where L* represents lightness (0=black, 100=white) (¶0068). In addition, Minoguchi teaches different areas/portions of the absorbent article have different types of visual characteristics (¶0097-0103) which means that different areas/portions of the absorbent article would have different color values for the benefit of providing a visible, distinguishing or recognizable feature or attribute of a visible aspect of one or more elements of an absorbent article (¶0021). Therefore, one having ordinary skill in the art would be able to determine through routine experimentation the color values needed to provide visually distinctive components based on the teachings of Minoguchi.
In the same field of endeavor, absorbent articles, Ljungberg discloses an absorbent article 201 comprising a topsheet 216, absorbent core 202, absorption zone 212, and outer zone 213 (¶0207). Ljungberg further discloses at least the outside surface portions and the zone 213 on the topsheet 216 surrounding the absorption zone 212 or all the inside and outside portions except in the absorption zone 212 have L* values less than 80 (¶0209 and ¶0212; the taught L* value overlaps the claimed L* value) for the benefit of providing darker colors which are preferred by users for reasons of discreetness and/or more underwear-like appearance.
Since Applicant places no criticality on the L* values claimed, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross in view of Minoguchi and Ljungberg by having/providing the absorbent core zone a first L* value, the outer boundary zone a second L* value of less than 89, the inner boundary zone a third L* value which is greater than the second L* value, the third L* value is from between 60 and 94, and the first L* value is greater than the second and third L* values, and third L* value is lower than the first L* value by at least 4 such that there is a perceptible visual difference between the absorbent core zone and the inner boundary zone, in order to provide visible, distinguishing or recognizable features of visible aspects of the absorbent core zone, the inner boundary zone and/or the outer boundary zone of the absorbent article and providing darker colors which are preferred by users for reasons of discreetness and/or more underwear-like appearance, as suggested in ¶0021 of Minoguchi and ¶0212 of Ljungberg. Furthermore, a person having ordinary skill in the art would try to provide different L* values for different zones/portions of the absorbent article because of aesthetic or convenient purpose. "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but or ordinary skill and common sense." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007).
Gross/Minoguchi/Ljungberg does not disclose a first delta E* value between the absorbent core zone and the inner boundary zone is greater than 4.
In the same field of endeavor, absorbent articles, Liu discloses an absorbent article comprising a plurality of first colored area and a second colored area (Abstract). Liu further discloses the delta E between the first colored areas and the second colored area is at least 4.5 (¶0061: the taught delta E overlaps the claimed delta E) for the benefit of providing an obvious color difference for wearers to sufficiently perceive breathability and/or absorbency (¶0061).
Since Applicant places no criticality on first delta E* claimed, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg in view Liu by having a first delta E* value between the absorbent core zone and the inner boundary zone is greater than 4, in order to provide an obvious color difference for wearers to sufficiently perceive breathability and/or absorbency, as suggested in ¶0061of Liu.
Gross/Minoguchi/Ljungberg/Liu does not disclose the outer boundary zone having a width of less than 30 mm.
In the same field of endeavor, absorbent article, Van Gompel discloses a disposable garment 100 comprising a front waist region 30, a back waist region 40 and a crotch region 50 in between the front waist region 30 and the back waist region 40 (¶0034 and Fig. 1). Van Gompel further teaches the disposable garment 100 comprising an outer boundary zone (perimeter bonding 115: ¶0049 and Fig. 1) and the width of the outer boundary zone 115 from 6 mm to 25 mm (¶0049; thus, the taught width range is within the claimed width range) for the benefit of creating visual appearance for waist and leg regions (¶0048).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the outer boundary zone of Gross/Minoguchi/Ljungberg/Liu in view of Van Gompel by having the width range as claimed, in order to create visual appearance for waist and leg regions, as suggested in ¶0048 of Van Gompel and as it has been held that a prima facie case of obviousness exists when the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP § 2144.05 (I). In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
PNG
media_image1.png
820
701
media_image1.png
Greyscale
Regarding claim 2, Gross/Liu/Van Gompel does not disclose the second L* value is from between 50 and 89.
Minoguchi further teaches the absorbent article evaluated according to CIELAB color scale where L* represents lightness (0=black, 100=white) (¶0068). In addition, Minoguchi teaches different areas/portions of the absorbent article have different types of visual characteristics (¶0097-0103) which means that different areas/portions of the absorbent article would have different color values for the benefit of providing a visible, distinguishing or recognizable feature or attribute of a visible aspect of one or more elements of an absorbent article (¶0021). Therefore, one having ordinary skill in the art would be able to determine through routine experimentation the color values needed to provide visually distinctive components based on the teachings of Minoguchi.
Ljungberg further discloses at least the outside surface portions and the zone 213 on the topsheet 216 surrounding the absorption zone 212 or all the inside and outside portions except in the absorption zone 212 have L* values less than 80 (¶0209 and ¶0212; the taught L* value overlaps the claimed L* value) for the benefit of providing darker colors which are preferred by users for reasons of discreetness and/or more underwear-like appearance.
Since Applicant places no criticality on the second L* value claimed, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg/Liu/Van Gompel in view of Minoguchi and Ljungberg by having/selecting the second L* value from between 50 and 89, in order to provide visible, distinguishing or recognizable features of visible aspects of the absorbent core zone, the inner boundary zone and/or the outer boundary zone of the absorbent article and provide darker colors which are preferred by users for reasons of discreetness and/or more underwear-like appearance, as suggested in ¶0021 of Minoguchi and ¶0212 of Ljungberg, and since 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. See MPEP § 2144.05 (II). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 4, Gross/Minoguchi/Ljungberg/Van Gompel does not disclose a first delta E* value between the absorbent core zone and the inner boundary zone is greater than 7.
Liu further discloses the delta E between the first colored areas and the second colored area is at least 4.5 (¶0061: the taught delta E overlaps the claimed delta E) for the benefit of providing an obvious color difference for wearers to sufficiently perceive breathability and/or absorbency (¶0061).
Since Applicant places no criticality on first delta E* claimed, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg/Liu/Van Gompel in view Liu by having a first delta E* value between the absorbent core zone and the inner boundary zone is greater than 7, in order to provide an obvious color difference for wearers to sufficiently perceive breathability and/or absorbency, as suggested in ¶0061of Liu.
Regarding claim 5, Gross/Minoguchi/Ljungberg/Van Gompel does not disclose a second delta E* value between the inner boundary zone and the outer boundary zone is greater than 4.
Liu further discloses the delta E between the first colored areas and the second colored area is at least 4.5 (¶0061: the taught delta E overlaps the claimed delta E) for the benefit of providing an obvious color difference for wearers to sufficiently perceive breathability and/or absorbency (¶0061).
Since Applicant places no criticality on second delta E* claimed, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg/Liu/Van Gompel in view Liu by having a second delta E* value between the absorbent core zone and the inner boundary zone is greater than 4, in order to provide an obvious color difference for wearers to sufficiently perceive breathability and/or absorbency, as suggested in ¶0061of Liu.
Regarding claim 6, Gross/Minoguchi/Ljungberg/Liu/Van Gompel does not disclose the first delta E* is less than the second delta E* value; however, Gross further discloses/suggests a delta E* value is configured to express a difference between a first color and a second color (¶0063 and 0071).
Since Applicant places no criticality on the first and second delta E* claimed, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg/Liu/Van Gompel in view Gross by having the first delta E* less than the second delta E* value, in order to produce a visible color difference, as suggested in ¶0063 and 0071 of Gross. Furthermore, a person having ordinary skill in the art would try to provide/have the first delta E* less than the second delta E* value because of aesthetic or convenient purpose. "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but or ordinary skill and common sense." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007).
Regarding claim 7, Gross further discloses colorant is disposed on a surface of the topsheet (¶0004 and 0059).
Regarding claim 8, Gross further discloses colorant is disposed on a surface of the backsheet (¶0004 and 0059).
Regarding claim 9, Gross further discloses the topsheet (110/314) has an opacity of less than 53 (the topsheet 110 has an opacity of 30, 40, or 50 for the benefits of providing contrast to any colors and materials underneath, masking the presence of bodily fluids contained within the absorbent core, and providing a cleaner appearance to the wearer: ¶0080; thus, the taught opacity is within the claimed opacity).
Regarding claim 10, Gross further discloses the topsheet comprises a nonwoven material (¶0057 and 0237).
Regarding claim 11, Gross further discloses a primary pair of wings extending transversely outward from the absorbent core zone (Fig. 35A).
Regarding claim 17, Gross further discloses one or more optional layers disposed between the topsheet and the absorbent core or between the absorbent core and the backsheet (a second layer 150 disposed between the topsheet 110 and the absorbent core: ¶0070 and Fig. 3B).
Regarding claim 18, Gross further discloses the one or more optional layers (one optional layer 150) are disposed in the absorbent core zone and in the inner boundary zone, but not the outer boundary zone (a width of the layer 150 is almost same as a width of the absorbent core 318 and is shorter than the topsheet 110/314: Figs. 3A-B; thus, the layer 150 is within the absorbent core zone and the inner boundary zone).
Regarding claim 19, Gross further discloses the one or more optional layers comprise an acquisition/distribution layer or an acquisition layer or a separation distribution layer (¶0070).
Regarding claim 20, Gross further discloses the one or more optional layers are disposed between the topsheet and the absorbent core (¶0070 and Fig. 3B: layer 150 is disposed between the topsheet and the absorbent core).
Regarding claim 21, Gross discloses a disposable absorbent article (a disposable absorbent article 310/4400: Abstract, ¶0130, Figs. 3A-B and 35A) having a longitudinal axis and a transverse axis disposed perpendicularly to the longitudinal axis (a longitudinal axis 380 and a transverse axis 390: ¶0130 and Fig. 3A), a front portion (at/near a front edge 322: ¶0131 and Fig. 3A), a rear portion (at/near a rear edge 324: ¶0131 and Fig. 3A), and a central portion disposed between the front portion and rear portion (a central portion disposed between the front portion and rear portion: Fig. 3A), the disposable absorbent article (310/4400) further comprising:
a topsheet (a topsheet 110/314: ¶0070, 0130, and Fig. 3A);
a backsheet (a backsheet 316: ¶0130 and Fig. 3A);
an absorbent system disposed between the topsheet and the backsheet (Fig. 3A-B), wherein the absorbent system comprises an absorbent core (an absorbent core 318/4421: ¶0130, 0328, Figs. 3A, and 35A) having longitudinal side edges on opposite longitudinal sides of the absorbent core (longitudinal side edges 318a and 318b: ¶0130 and Fig. 3A) and transverse end edges on opposite transverse sides of the absorbent core (transverse end edges on opposite transverse sides of the absorbent core 318: Fig. 3A), the absorbent core (318/4421) being disposed in an absorbent core zone (area around the absorbent core 4421: Fig. 35A),
an outer periphery formed at least in part by a portion of the topsheet and a portion of the backsheet (see annotated Fig. 35A below);
an outer boundary zone comprising the outer periphery (see annotated Fig. 35A below);
an inner boundary zone disposed between the outer boundary zone and the absorbent core zone in the rear portion (see annotated Fig. 35A below).
Gross does not disclose the absorbent core zone exhibits a first L* value, wherein the first L* value is greater than 94, the outer boundary zone exhibits a second L* value of less than 89, the inner boundary zone exhibits a third L* value which is greater than the second L* value, wherein the third L* value is from between 60 and 94, wherein the first L* value is greater than the second and third L* values, and third L* value is lower than the first L* value by at least 4, and wherein the first delta E* is less than the second delta E* value such that there is a perceptible visual difference between the absorbent core zone and the inner boundary zone; however, Gross further discloses/suggests to provide color effects on different parts/areas of the absorbent article (Abstract, ¶0004, and 0055) and have light transmission measurement based on the CIE L*a*b* (CIELAB) color system (¶0457).
In the same field of endeavor, absorbent articles, Minoguchi discloses an absorbent article comprising an outer surface 22, an inner surface 24 opposed to the outer surface 22, a front region 26, a back region 28, a crotch region 30, and seams 32 (¶0030 and Figs. 1-2). Minoguchi further teaches the absorbent article evaluated according to CIELAB color scale where L* represents lightness (0=black, 100=white) (¶0068). In addition, Minoguchi teaches different areas/portions of the absorbent article have different types of visual characteristics (¶0097-0103) which means that different areas/portions of the absorbent article would have different color values for the benefit of providing a visible, distinguishing or recognizable feature or attribute of a visible aspect of one or more elements of an absorbent article (¶0021). Therefore, one having ordinary skill in the art would be able to determine through routine experimentation the color values needed to provide visually distinctive components based on the teachings of Minoguchi.
In the same field of endeavor, absorbent articles, Ljungberg discloses an absorbent article 201 comprising a topsheet 216, absorbent core 202, absorption zone 212, and outer zone 213 (¶0207). Ljungberg further discloses at least the outside surface portions and the zone 213 on the topsheet 216 surrounding the absorption zone 212 or all the inside and outside portions except in the absorption zone 212 have L* values less than 80 (¶0209 and ¶0212; the taught L* value overlaps the claimed L* value) for the benefit of providing darker colors which are preferred by users for reasons of discreetness and/or more underwear-like appearance (¶0212). Ljungberg further discloses the color of the absorption zone 212 has lighter color (higher L* value) than outer zone 213 and a L* value of the absorption core 202 is more than 80 (¶0211; the taught L* value overlaps the claimed L* value) for the benefit of indicating to the user the presence of the absorbent core without the need of providing print of other indications on the topsheet itself (¶0210).
Since Applicant places no criticality on the L* values claimed, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross in view of Minoguchi and Ljungberg by having/providing the absorbent core zone a first L* value, wherein the first L* value is greater than 94, the outer boundary zone a second L* value of less than 89, the inner boundary zone a third L* value which is greater than the second L* value, the third L* value is from between 60 and 94, and the first L* value is greater than the second and third L* values, and third L* value is lower than the first L* value by at least 4, in order to provide darker colors for the outer boundary zone and inner boundary zone which are preferred by users for reasons of discreetness and/or more underwear-like appearance, indicate to the user the presence of the absorbent core without the need of providing print of other indications on the topsheet itself, and provide a visible, distinguishing or recognizable feature or attribute of a visible aspect of one or more elements of an absorbent article, as suggested in ¶0021 of Minoguchi and ¶0210 of Ljungberg. Furthermore, a person having ordinary skill in the art would try to provide different L* values for different zones/portions of the absorbent article because of aesthetic or convenient purpose. "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but or ordinary skill and common sense." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007).
Gross/Minoguchi/Ljungberg does not disclose a first delta E* value between the absorbent core zone and the inner boundary zone is greater than 4 and a second delta E* value between the inner boundary zone and the outer boundary zone is greater than 4 such that there is a perceptible visual difference between the absorbent core zone and the inner boundary zone.
In the same field of endeavor, absorbent articles, Liu discloses an absorbent article comprising a plurality of first colored area and a second colored area (Abstract). Liu further discloses the delta E between the first colored areas and the second colored area is at least 4.5 (¶0061: the taught delta E overlaps the claimed delta E) for the benefit of providing an obvious color difference for wearers to sufficiently perceive breathability and/or absorbency (¶0061).
Since Applicant places no criticality on first delta E* and second delta E* claimed, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg in view Liu by having a first delta E* value between the absorbent core zone and the inner boundary zone is greater than 4 and a second delta E* value between the inner boundary zone and the outer boundary zone is greater than 4, in order to provide an obvious color difference for wearers to sufficiently perceive breathability and/or absorbency, as suggested in ¶0061of Liu. Thus, the absorbent article of Gross/Minoguchi/Ljungberg/Liu is able to provide a perceptible visual difference between the absorbent core zone and the inner boundary zone.
Gross/Minoguchi/Ljungberg/Liu does not disclose the outer boundary zone having a width of less than 30 mm.
In the same field of endeavor, absorbent article, Van Gompel discloses a disposable garment 100 comprising a front waist region 30, a back waist region 40 and a crotch region 50 in between the front waist region 30 and the back waist region 40 (¶0034 and Fig. 1). Van Gompel further teaches the disposable garment 100 comprising an outer boundary zone (perimeter bonding 115: ¶0049 and Fig. 1) and the width of the outer boundary zone 115 from 6 mm to 25 mm (¶0049; thus, the taught width range is within the claimed width range) for the benefit of creating visual appearance for waist and leg regions (¶0048).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the outer boundary zone of Gross/Minoguchi/Ljungberg/Liu in view of Van Gompel by having the width range as claimed, in order to create visual appearance for waist and leg regions, as suggested in ¶0048 of Van Gompel and as it has been held that a prima facie case of obviousness exists when the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP § 2144.05 (I). In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim(s) 12-13 is/are rejected under 35 U.S.C 103 as being unpatentable over Gross (US PGPUB 20160278986) in view of Minoguchi (US PGPUB 20160270976), Ljungberg (US PGPUB 20210369510), Liu (20160113826) and Van Gompel (US PGPUB 20050148975), as applied to claim 1 above, and further in view of Park (US PGPUB 20150018795).
Regarding claim 12, Gross/Minoguchi/Ljungberg/Liu/Van Gompel does not disclose a secondary pair of wings extending transversely outward from the absorbent core zone, and wherein the secondary pair of wings are disposed in the rear portion of the absorbent article.
In the same field of endeavor, absorbent article, Park discloses an absorbent article comprising a main body portion 15, longitudinal side edges 13, a rearward end edge 3 and forward end edge 4 (¶0031 and Figs. 1-2). Park further discloses a secondary pair of wings (a laterally extended, rearwardly positioned set of wings 5: ¶0031 and Figs. 1-2) extending transversely outward from an absorbent core zone (see annotated Fig. 1 below), wherein the secondary pair of wings are disposed in the rear portion of the absorbent article (the set of wings 5 is adjacent the rearward end edge 3: ¶0031 ad Figs. 1-2), and a laterally extended, forwardly positioned set of wings 6 adjacent the forward end edge 4 (¶0031 and Figs. 1-2) for the benefits of helping stabilize the absorbent article in use and preventing leakage (¶0006).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg/Liu/Van Gompel in view Park by incorporating a secondary pair of wings extending transversely outward from the absorbent core zone and disposing in the rear portion of the absorbent article, in order to help stabilize the absorbent article in use and prevent leakage, as suggested in ¶0006 of Park.
PNG
media_image2.png
709
637
media_image2.png
Greyscale
Regarding claim 13, Gross/Minoguchi/Ljungberg/Liu/Van Gompel does not disclose the inner boundary zone forms a portion of the secondary pair of wings.
Park further discloses an inner boundary zone (see annotated Fig. 1 above) forming forms a portion of the secondary pair of wings 5 (¶0031 and Figs. 1-2) for the benefits of helping stabilize the absorbent article in use and preventing leakage (¶0006).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg/Liu/Van Gompel in view Park by having the inner boundary zone formed a portion of the secondary pair of wings, in order to help stabilize the absorbent article in use and prevent leakage, as suggested in ¶0006 of Park.
Claim(s) 14-16 is/are rejected under 35 U.S.C 103 as being unpatentable over Gross (US PGPUB 20160278986) in view of Minoguchi (US PGPUB 20160270976), Ljungberg (US PGPUB 20210369510), Liu (20160113826) and Van Gompel (US PGPUB 20050148975), as applied to claim 1 above, and further in view of Wasson (US PGPUB 20160051419).
Regarding claim 14, Gross further discloses the backsheet comprises colorants (¶0004 and 0059).
Gross/Minoguchi/Ljungberg/Liu/Van Gompel does not disclose the colorants are disposed on opposing sides of the absorbent core zone.
In the same field of endeavor, absorbent article, Wasson discloses an absorbent article 10 comprising an outer surface of a topsheet 14, a liquid impervious backsheet 16 joined to the topsheet 14, and an absorbent core 18 (¶0019 and Figs. 1-2). Wasson further discloses an absorbent core zone (absorbent core perimeter 201, 202, 203, 204, 205, 206, 207, and 208: ¶0019 and Fig. 2) and colorants (graphical elements 26, 28, and 34: ¶0019-0021 and Figs. 1-2) on the topsheet 14 or backsheet 16 (¶0020 and Figs. 1-2). In addition, Wasson teaches colorants on opposing sides of the absorbent core zone (graphical elements 26, 28, and 34 are on opposing sides of the absorbent core zone: ¶0019-0021 and Figs. 1-2) for the benefit of providing a unique visual appearance that highlights the functional zone to the consumer while allowing for high-speed manufacturing of the absorbent article (¶0018).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg/Liu/Van Gompel in view Wasson by incorporating colorants on opposing sides of the absorbent core zone, in order to provide a unique visual appearance that highlights the functional zone to the consumer while allowing for high-speed manufacturing of the absorbent article, as suggested in ¶0018 of Wasson.
Regarding claim 15, Gross/Minoguchi/Ljungberg/Liu/Van Gompel does not disclose a first colorant portion is disposed on a first side of the absorbent core zone, and a second colorant portion is disposed on a second side of the absorbent core zone.
Wasson further discloses a first colorant portion is disposed on a first side of the absorbent core zone and a second colorant portion is disposed on a second side of the absorbent core zone (graphical element 28 is disposed on a first side of the absorbent core zone and graphical element 34 is disposed on a second side of the absorbent core zone: ¶0019-0021 and Figs. 1-2) for the benefit of providing a unique visual appearance that highlights the functional zone to the consumer while allowing for high-speed manufacturing of the absorbent article (¶0018).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg/Liu/Van Gompel/Wasson in view Wasson by having a first colorant portion disposed on a first side of the absorbent core zone and a second colorant portion disposed on a second side of the absorbent core zone, in order to provide a unique visual appearance that highlights the functional zone to the consumer while allowing for high-speed manufacturing of the absorbent article, as suggested in ¶0018 of Wasson.
Regarding claim 16, Gross/Minoguchi/Ljungberg/Liu/Van Gompel does not disclose a longitudinal edge of the first colorant portion adjacent the absorbent core zone has a wave shape of repeating crests and troughs.
Wasson further teaches a longitudinal edge of the first colorant portion adjacent the absorbent core zone (graphical element 28: Fig. 1) having any shape or design and possessing some degree of curvature (¶0021) for the benefits of providing a more complex visual perception and aiding in the overall masking effect of the article (¶0021). From these teachings, a person having ordinary skill in the art would have recognized/deduced that selecting/having a wave shape of repeating crests and troughs for a longitudinal edge of the first colorant portion adjacent the absorbent core zone yields the predictable result of providing a more complex visual perception and aiding in the overall masking effect of the article.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent article of Gross/Minoguchi/Ljungberg/Liu/Van Gompel/Wasson in view Wasson by selecting a wave shape of repeating crests and troughs for a longitudinal edge of the first colorant portion adjacent the absorbent core zone, in order to provide a more complex visual perception and aid in the overall masking effect of the article, as suggested in ¶0021 of Wasson and as it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not significant to the function of the combination. (See MPEP § 2144.04 (IV) (B)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHU Q TRAN whose telephone number is (571)272-2032. The examiner can normally be reached Monday-Thursday 8:00-5:00 (PST).
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 on (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NHU Q. TRAN/Examiner, Art Unit 3781
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781