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 8 September 2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Yip discloses a waterproof layer 28 below the elastic bands 130, and therefore does not disclose the claimed limitation of “affixed to a bottom side of the barrier layer”, it is noted that Yip discloses in column 8, lines 19-27, that the elastic bands 130 may be affixed to the barrier layer 28 to further waterproof the cuff and improve waterproof performance. Yip therefore provides motivation for affixing the lower portion of the elastic bands to the barrier layer, but remains silent as to affixing the lower portion to the bottom side of the barrier layer. Kajanthan teaches affixing the lower portion of an elastic band or cuff to the bottom side of a barrier layer in a crotch gusset, and therefore one of ordinary skill in the art would be motivation to modify the gusset of Yip based on the teaching of Kajanthan to arrive at the claimed invention.
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) 1-12, 13-16, and 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yip et al. (11,154,431) in view of Griffiths (10,441,480) and Kajanthan et al. (2021/0030605).
With respect to claims 1-2 and 21-22, Yip discloses a durable absorbent pant, as shown in figure 1, comprising a front waist portion 14, a rear waist portion 16, a crotch portion 18, with left and right hip side portions joining the front and rear waist portions to form a waist opening with a waist opening edge and left and right leg openings 22 defined by left and right leg opening edges 20. The crotch portion 18 comprises a crotch gusset and has a forward portion meeting the front waist portion 14 and a rearward portion meeting the rear waist portion 16, as shown in figure 2. In an opened configuration, an intersection of the longitudinal axis and the lateral axis occurs in the crotch portion 18, as shown in figure 1. The crotch gusset comprises an absorbent assembly 11, as shown in figure 2, comprising an absorbent layer 26 having left and right edges proximate the left and right leg opening edges 20, a barrier layer 28, and an outward-facing layer 12, as shown in figure 5. A liquid impermeable edge sealing structure 30 is proximate each of the left and right leg opening edges 20, as shown in figure 5 and disclosed in column 7, lines 1-2, and has an upper portion affixed to the wearer-facing surface of the absorbent assembly 11 and a lower portion beneath the absorbent layer 26 wherein the outward-facing layer 12 is disposed beneath the lower portion, as shown in figure 5. An overlying material comprise the upper portion of the outward-facing layer 12 above the upper portion of the edge sealing structure 30, as disclosed in column 5, lines 38-43, and the upper portion of the edge sealing structure includes a portion disposed inwardly of the overlying material by a barrier margin having an average dimension greater than 0 mm, as shown in figure 5.
Yip discloses all aspects of the claimed invention with the exception of the liquid impermeable edge sealing structure comprising a liquid impermeable film and the lower portion of the edge sealing structure being affixed to a bottom side of the barrier layer.
Yip discloses in column 7, lines 1-2, that the edge sealing structure comprises liquid impermeable elastically extensible bands, but remains silent as to the use of a film. Griffiths discloses a durable absorbent pant, as shown in figure 1, comprising an edge sealing structure 26 a,b formed from bands of elastic film, as disclosed in column 7, lines 27-29. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the liquid impermeable edge sealing structure of Yip from a liquid impermeable film, as taught by Griffiths, to achieve the predictable result of simple substitution of one known element for another.
Yip further discloses in column 8, lines 19-27, that the elastic bands 130 may be affixed to the barrier layer 28 to further waterproof the cuff and improve waterproof performance. Yip therefore provides motivation for affixing the lower portion of the elastic bands to the barrier layer, but remains silent as to affixing the lower portion to the bottom side of the barrier layer. Kajanthan discloses a crotch gusset, as shown in figure 1, comprising an edge sealing structure 110 and a barrier layer 106, wherein the bottom portion of the edge sealing structure is affixed to the bottom side of the barrier layer. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to affixed the lower portion of the edge sealing structure of Yip to the bottom side of the barrier layer, as taught by Kajanthan, to achieve the predictable result of further waterproofing the cuff by enveloping the barrier layer within the cuff to improve the waterproofing of the gusset.
With respect to claim 3, Yip further discloses a finishing material proximate the leg opening edges 20 affixed to an upper portion of the edge sealing structure 30/130 and the outward-facing layer 18, as disclosed in column 6, lines 26-30.
With respect to claim 4, Yip discloses all aspects of the claimed invention with the exception of the crotch gusset exhibiting a maximum Longitudinal Elongation of 25-100% and a Longitudinal Tensile Modulus of 10-100 gf/mm. Yip discloses elastic material 30 that extends in the longitudinal direction of the crotch gusset, as shown in figure 6, as but remains silent as to the specific elongation of the pant. 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 pant of Yip with a maximum Longitudinal Elongation of 25-100% and a Longitudinal Tensile Modulus of 10-100 gf/mm, to achieve the predictable result of a pant that provides flexibility and elasticity to a user, and to achieve a pant with the strength to withstand washing and reuse.
With respect to claim 5, Yip discloses a durable absorbent pant, as shown in figure 1, comprising a front waist portion 14, a rear waist portion 16, a crotch portion 18, with left and right hip side portions joining the front and rear waist portions to form a waist opening with a waist opening edge and left and right leg openings 22 defined by left and right leg opening edges 20. The crotch portion 18 comprises a crotch gusset and has a forward portion meeting the front waist portion 14 and a rearward portion meeting the rear waist portion 16, as shown in figure 2. In an opened configuration, an intersection of the longitudinal axis and the lateral axis occurs in the crotch portion 18, as shown in figure 1. The crotch gusset comprises an absorbent assembly 11, as shown in figure 2, comprising an absorbent layer 26 having left and right edges proximate the left and right leg opening edges 20, a barrier layer 28, and an outward-facing layer 12, as shown in figure 5. A liquid impermeable edge sealing structure 30 is proximate each of the left and right leg opening edges 20, as shown in figure 5 and disclosed in column 7, lines 1-2, and has an upper portion affixed to the wearer-facing surface of the absorbent assembly 11 and a lower portion beneath the absorbent layer 26 wherein the outward-facing layer 12 is disposed beneath the lower portion, as shown in figure 5. An overlying material comprise the upper portion of the outward-facing layer 12 above the upper portion of the edge sealing structure 30, as disclosed in column 5, lines 38-43, and the upper portion of the edge sealing structure includes a portion disposed inwardly of the overlying material by a barrier margin having an average dimension greater than 0 mm, as shown in figure 5.
Yip discloses all aspects of the claimed invention with the exception of the liquid impermeable edge sealing structure comprising a liquid impermeable film and the lower portion of the edge sealing structure being affixed to a bottom side of the barrier layer.
Yip discloses in column 7, lines 1-2, that the edge sealing structure comprises liquid impermeable elastically extensible bands, but remains silent as to the use of a film. Griffiths discloses a durable absorbent pant, as shown in figure 1, comprising an edge sealing structure 26 a,b formed from bands of elastic film, as disclosed in column 7, lines 27-29. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the liquid impermeable edge sealing structure of Yip from a liquid impermeable film, as taught by Griffiths, to achieve the predictable result of simple substitution of one known element for another.
Yip further discloses in column 8, lines 19-27, that the elastic bands 130 may be affixed to the barrier layer 28 to further waterproof the cuff and improve waterproof performance. Yip therefore provides motivation for affixing the lower portion of the elastic bands to the barrier layer, but remains silent as to affixing the lower portion to the bottom side of the barrier layer. Kajanthan discloses a crotch gusset, as shown in figure 1, comprising an edge sealing structure 110 and a barrier layer 106, wherein the bottom portion of the edge sealing structure is affixed to the bottom side of the barrier layer. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to affixed the lower portion of the edge sealing structure of Yip to the bottom side of the barrier layer, as taught by Kajanthan, to achieve the predictable result of further waterproofing the cuff by enveloping the barrier layer within the cuff to improve the waterproofing of the gusset.
Yip, as modified by Griffiths and Kajanthan, discloses all aspects of the claimed invention with the exception of the crotch gusset exhibiting a maximum Longitudinal Elongation of 25-100% and a Longitudinal Tensile Modulus of 10-100 gf/mm. Yip discloses elastic material 30 that extends in the longitudinal direction of the crotch gusset, as shown in figure 6, as but remains silent as to the specific elongation of the pant. 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 pant of Yip with a maximum Longitudinal Elongation of 25-100% and a Longitudinal Tensile Modulus of 10-100 gf/mm, to achieve the predictable result of a pant that provides flexibility and elasticity to a user, and to achieve a pant with the strength to withstand washing and reuse.
With respect to claim 6, Yip further discloses a finishing material proximate the leg opening edges 20 affixed to an upper portion of the edge sealing structure 30/130 and the outward-facing layer 18, as disclosed in column 6, lines 26-30.
With respect to claims 7-8, modified Yip discloses all aspects of the claimed invention with the exception of the crotch portion having a central Caliper of no greater than 5 mm. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the central Caliper of the crotch portion of Yip no greater than 5 mm to achieve the predictable result of a thinner, more attractive and comfortable, pant.
With respect to claims 9-10, the absorbent assembly 11 of Yip comprises a wearer-facing layer 24, as shown in figure 5, comprising a first knitted fabric material comprising polyester synthetic material, as disclosed in column 10, lines 37-52.
With respect to claims 11-12, the absorbent layer 26 of Yip comprises a second knitted fabric material comprising a knitted terry cloth comprising cotton and polyester yarns, as disclosed in column 11, lines 25-29.
With respect to claims 13-14, modified Yip discloses all aspects of the claimed invention with the exception of the second knitted fabric comprising a microfiber yarn. Kajanthan teaches the use of a knitted fabric comprising microfiber yarn in the absorbent layer of a durable absorbent pant, as disclosed in paragraph [0037]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make second knitted fabric material of Yip from a microfiber yarn, as taught by Kajanthan, to achieve the predictable result of simple substitution of one known element for another to improve the softness of the knitted fabric.
With respect to claims 15-16, the wearer-facing surface of the absorbent assembly 11 of Yip is a wearer-facing layer 24 directly above the absorbent layer 26, as shown in figure 5.
With respect to claims 19-20, modified Yip discloses all aspects of the claimed invention with the exception of the barrier layer comprising a breathable polymeric film. Kajanthan teaches the use of a breathable polymeric film as the barrier layer of a durable absorbent pant, as disclosed in paragraph [0041]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the barrier layer of Yip from a breathable polymeric film, as taught by Kajanthan, to achieve the predictable result of simple substitution of one known element for another to improve the air flow and comfort of the pant.
With respect to claim 23, modified Yip discloses all aspects of the claimed invention with the exception of the lower portion of the impermeable film being provided by extending margins of the barrier layer that wrap from a bottom of the absorbent layer about an edge of the absorbent layer and wearer-facing surface and over the wearer-facing surface. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the lower portion of the impermeable film of Yip be provided by extending margins of the barrier layer that wrap from a bottom of the absorbent layer about an edge of the absorbent layer and wearer-facing surface and over the wearer-facing surface to achieve the predictable result of reducing the material needed and manufacturing steps required to produce the gusset to reduce the cost of manufacturing.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yip et al. (11,154,431) in view of Griffiths (10,441,480) and Kajanthan et al. (2021/0030605), and further in view of Tulk et al. (2016/0184146).
With respect to claims 17-18, modified Yip discloses all aspects of the claimed invention with the exception of the outward-facing layer comprising elastic filaments. Tulk discloses a durable absorbent pant having an outward-facing layer 10, as shown in figure 3, and teaches making the wearer-facing layer elastic, as disclosed in paragraph [0123]. 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 outward-facing layer of Yip with elastic filaments, as taught by Tulk, to achieve the predictable result of simple substitution of one known element for another to create a pant that elastically conforms to the wearer for a better fit.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781