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 18 February 2026 have been fully considered. Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
In response to Applicant’s argument that Bachawala does not disclose a carrier component comprising isopropyl myristate in the range of 15-85 wt%, Bachawala is relied upon for a different interpretation of the disclosure as applied to the rejection of claim 1 below.
In response to Applicant’s argument that the claimed vapor pressure range is a result-effective variable, Applicant’s arguments are not persuasive. The vapor pressure of any compound is a constant, in the same way that the melting point or boiling point of a compound is a constant. By definition, a constant cannot be a variable. The vapor pressure of isopropyl myristate is 9.35 x 10-5 mmHg, as evidenced by Table 1 of the present specification. This value is inherent to isopropyl myristate, and therefore the prior art disclosure of isopropyl myristate as the carrier component anticipates the claim limitation of the carrier component comprising a vapor pressure of less than about 7.5 x 10-4 mmHg.
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) 1-2, 4-6, 8-10, 13-14, 16, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers et al. (2014/0376835) in view of Bachawala (2019/0275490).
With respect to claims 1-2 and 14, Rogers discloses a package, as shown in figure 4a, of one or more absorbent articles, as disclosed in paragraph [0002], comprising a packaging material, as shown in figure 1b, comprising a polymeric film, as disclosed in paragraph [0043], and an ink, as disclosed in paragraph [0102]. The package comprises an absorbent article, as disclosed in paragraph [0002].
Rogers discloses all aspects of the claimed invention with the exception of the absorbent article comprising a perfume composition comprising a perfume component and from about 15-85 wt% of a carrier component, wherein the carrier component comprises isopropyl myristate and the perfume component comprises beta-ionone, and carrier component has a vapor pressure of less than about 7.5x10-4 mmHg and a solubility in water of less than 1.0 mg/L at 20°C, and the perfume composition has a diffusion rate over 2 hours at 40°C of less than 0.1. Rogers discloses in paragraph [0002] that the absorbent article is a diaper or hygiene article, which are known in the art to include perfume compositions to mask malodors.
Bachawala discloses a perfume composition for use in an absorbent article such as a diaper or hygiene article, as disclosed in paragraph [0088], the perfume composition comprising a perfume composition comprising beta-ionone, as disclosed in Table 1, and a carrier component comprising isopropyl myristate, as disclosed in paragraph [0120]. The perfume composition, a fragrance, is present in the range of 47-93.5 wt%, as disclosed in paragraphs [0117] and [0118]. While Bachawala does not disclose the specific amount of carrier component in the perfume composition, Bachawala discloses in paragraph [0120] the desire for the carrier component to be present in an amount sufficient to reduce the volatility of the fragrance oil. Bachawala teaches that the perfume composition has a low cost, as disclosed in paragraph [0011].
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 absorbent article of Rogers with a perfume composition comprising a perfume composition comprising a perfume component and a water-insoluble carrier component, wherein the carrier component consists of isopropyl myristate and the perfume component comprises beta-ionone, as taught by Bachawala, to achieve the predictable result of masking malodors at a low cost. It would further have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the carrier component in an amount within the range of 15-85% of the perfume composition of Rogers as modified by Bachawala, to achieve the predictable result of a sufficient amount of carrier component to dilute the fragrance component enough to reduce the volatility of the fragrance to achieve a fragrance with a desired strength and length of effectiveness. Since Rogers, as modified by Bachawala, discloses a carrier component comprising the same chemical composition as the claimed invention, isopropyl myristate, the carrier component inherently must have the same properties of a vapor pressure of less than about 7.5x10-4 mmHg and a solubility in water of less than 1.0 mg/L at 20°C. Likewise, the perfume component, beta-ionone, inherently must have a diffusion rate over 2 hours at 40°C of less than 0.1 as determined by the Diffusion Rate Test Method.
With respect to claim 4, Rogers discloses the packaging material comprises polyethylene, as disclosed in paragraph [0044].
With respect to claim 5, the packaging material of Rogers forms front, back, first side, second side, top, and bottom panels to define an interior compartment for holding the absorbent articles, as shown in figure 4a.
With respect to claim 6, the packaging material of Rogers consists of a layer of polymeric film 10, as shown in figure 1b, an ink, as disclosed in paragraph [0102], and a varnish (i.e. lacquer), as disclosed in paragraph [0103].
With respect to claim 8, the ink of Rogers is a water-based ink, as disclosed in paragraph [0102].
With respect to claim 9, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the ink on the consumer-facing surface of the packaging material of Rogers to achieve the predictable result of providing a consumer with information about the contents of the package.
With respect to claim 10, it is well-known in the art that a diaper or hygiene article comprises a topsheet, a backsheet, and an absorbent core. It would therefore have been obvious to one of ordinary skill in the art to provide the absorbent articles of Rogers with a topsheet, a backsheet, and an absorbent core to achieve the predictable result of a conventional diaper or hygiene article.
With respect to claim 13, modified Rogers discloses all aspects of the claimed invention with the exception of the perfume component having a partition coefficient (log Kow) of less than 6. Bachawala teaches providing a perfume component with a partition coefficient of 2.5-6, as disclosed in paragraph [0120]. It is noted that LogP is equivalent to log Kow as applied to the octanol-water partition coefficient. 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 perfume component of modified Rogers with a partition coefficient (log Kow) of less than 6, as taught by Bachawala, to achieve the predictable result of a long-lasting fragrance.
With respect to claim 16, Rogers discloses a package of one or more absorbent articles, as disclosed in paragraph [0002], comprising a packaging material, as shown in figure 1b, comprising polyethylene, as disclosed in paragraph [0044], and an ink, as disclosed in paragraph [0102].
Rogers discloses all aspects of the claimed invention with the exception of the ink being disposed on a consumer-facing surface of the packaging material, and the absorbent article comprising a perfume composition and a carrier composition between about 15-85 wt% having a vapor pressure of less than about 7.5 x 10-4 mmHg and a partition coefficient (log Kow) of greater than 1.0. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the ink on the consumer-facing surface of the packaging material of Rogers to achieve the predictable result of providing a consumer with information about the contents of the package.
Rogers discloses in paragraph [0002] that the absorbent article is a diaper or hygiene article, which are known in the art to include perfume compositions to mask malodors. Bachawala discloses a perfume composition for use in an absorbent article such as a diaper or hygiene article, as disclosed in paragraph [0088], the perfume composition comprising a perfume composition and a carrier component consisting of isopropyl myristate, as disclosed in paragraph [0120]. The perfume composition, a fragrance, is present in the range of 47-93.5 wt%, as disclosed in paragraphs [0117] and [0118]. While Bachawala does not disclose the specific amount of carrier component in the perfume composition, Bachawala discloses in paragraph [0120] the desire for the carrier component to be present in an amount sufficient to reduce the volatility of the fragrance oil. Bachawala teaches that the perfume composition has a low cost, as disclosed in paragraph [0011].
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 absorbent article of Rogers with a perfume composition and a carrier composition consisting of isopropyl myristate, as taught by Bachawala, to achieve the predictable result of masking malodors at a low cost. It would further have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the carrier component in an amount within the range of 15-85% of the perfume composition of Rogers as modified by Bachawala, to achieve the predictable result of a sufficient amount of carrier component to dilute the fragrance component enough to reduce the volatility of the fragrance to achieve a fragrance with a desired strength and length of effectiveness. Since Rogers, as modified by Bachawala, discloses a carrier component comprising the same chemical composition as the present invention, isopropyl myristate, the carrier component inherently must have the same properties of a vapor pressure of less than about 7.5 x 10-4 mmHg and a partition coefficient (log Kow) of greater than 1.0.
With respect to claim 22, since Rogers, as modified by Bachawala, discloses a carrier component comprising the same chemical composition as the present invention, isopropyl myristate, the carrier component inherently must have the same properties of a partition coefficient (log Kow) of greater than 1.0.
Claim(s) 7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers et al. (2014/0376835) in view of Bachawala (2019/0275490), and further in view of Braverman et al. (2006/0003150).
With respect to claims 7 and 18, modified Rogers discloses all aspects of the claimed invention with the exception of the ink being a nitrocellulose-based ink. Braverman teaches that nitrocellulose inks dry quickly, as disclosed in paragraph [0062]. 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 the ink of Rogers a nitrocellulose-based ink, as taught by Braverman, so the ink dries quickly to achieve the predictable result of graphics that dry before being smudged.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers et al. (2014/0376835) in view of Bachawala (2019/0275490), and further in view of Berg et al. (2006/0025735).
With respect to claim 11, modified Rogers discloses all aspects of the claimed invention with the exception of a graphic formed from a water-based ink disposed on a garment-facing surface of the backsheet. Berg discloses an absorbent article comprising a backsheet, as shown in figure 2, and teaches using a water-based ink to print a graphic on the garment-facing surface of the backsheet, as disclosed in paragraphs [0009] and [0032]. Berg teaches printing the backsheet to prevent color-based recognition of the article while being worn, as disclosed in paragraph [0005]. 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 garment-facing surface of Rogers with a water-based ink graphic, as taught by Berg, to prevent color-based recognition of the article while being worn.
With respect to claim 12, modified Rogers discloses all aspects of the claimed invention with the exception of the article comprising a secondary topsheet having a graphic formed from a water-based ink disposed on a wearer-facing surface. Berg discloses an absorbent article, as shown in figure 2, and teaches providing a secondary topsheet between the topsheet and absorbent core to distribute liquid into the core, as disclosed in paragraph [0070]. Berg further teaches using a water-based ink to print a graphic on any layer of the article, as disclosed in paragraphs [0007] and [0032]. Berg teaches printing the layers of the article to prevent color-based recognition of the article while being worn, as disclosed in paragraph [0005]. 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 article of Rogers with secondary topsheet, as taught by Berg, to distribute liquids into the core, and further to provide the secondary topsheet with a water-based ink graphic to prevent color-based recognition of the article while being worn and to achieve the predictable result of matching all layers of the article to achieve a uniform appearance.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers et al. (2014/0376835) in view of Bachawala (2019/0275490), and further in view of Dring et al. (2015/0353867).
With respect to claim 15, modified Rogers discloses all aspects of the claimed invention with the exception of the perfume component comprising phenyl hexanol. Dring discloses a perfume composition for use in absorbent articles, as disclosed in paragraph [0091], and teaches that a suitable perfume component is phenyl hexanol, as disclosed in paragraph [0042]. Simple substitution of a known element for another to obtain predictable results is obvious to one of ordinary skill in the art. It would therefore have been obvious to one of ordinary skill in the art to substitute phenyl hexanol for the perfume component of modified Rogers as taught by Dring to achieve the predictable result of selecting a preferred fragrance.
Claim(s) 20-21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berg et al. (2006/0025735) in view of Bachawala (2019/0275490).
With respect to claims 20-21, Berg discloses an absorbent article comprising discrete layers, as shown in figure 2, the layers comprising a topsheet 21, a backsheet 22, and an absorbent core 23. At least one of the discrete layers comprises a graphic formed from a water-based ink, as disclosed in paragraphs [0009] and [0032].
Berg discloses all aspects of the claimed invention with the exception of a perfume composition comprising a perfume component and a carrier composition between about 15-85 wt% having a vapor pressure of less than about 7.5 x 10-4 mmHg and a partition coefficient (log Kow) of greater than 1.0. It is known in the art to include perfume compositions in absorbent articles to mask malodors. Bachawala discloses a perfume composition for use in an absorbent article such as a diaper or hygiene article, as disclosed in paragraph [0088], the perfume composition comprising a perfume composition and a carrier component consisting of isopropyl myristate, as disclosed in paragraph [0120]. The perfume composition, a fragrance, is present in the range of 47-93.5 wt%, as disclosed in paragraphs [0117] and [0118]. While Bachawala does not disclose the specific amount of carrier component in the perfume composition, Bachawala discloses in paragraph [0120] the desire for the carrier component to be present in an amount sufficient to reduce the volatility of the fragrance oil. Bachawala teaches that the perfume composition has a low cost, as disclosed in paragraph [0011].
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 absorbent article of Rogers with a perfume composition comprising a perfume composition comprising a perfume component and carrier component consisting of isopropyl myristate, as taught by Bachawala, to achieve the predictable result of masking malodors at a low cost. It would further have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the carrier component in an amount within the range of 15-85% of the perfume composition of Rogers as modified by Bachawala, to achieve the predictable result of a sufficient amount of carrier component to dilute the fragrance component enough to reduce the volatility of the fragrance to achieve a fragrance with a desired strength and length of effectiveness. Since Rogers, as modified by Bachawala, discloses a carrier component comprising the same chemical composition as the present invention, isopropyl myristate, the carrier component inherently must have the same properties of a vapor pressure of less than about 7.5 x 10-4 mmHg and a partition coefficient (log Kow) of greater than 1.0.
With respect to claim 23, since Berg, as modified by Bachawala, discloses the same the perfume composition as the present invention, beta-ionone, the perfume composition must inherently must have a diffusion rate over 2 hours at 40°C of less than 0.1 as determined by the Diffusion Rate Test Method and exhibit limited or no interaction with the ink.
Conclusion
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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