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 .
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.
Claim 23 is 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 23 recites the limitation "the leg end edge" and “the waist end edge” in line 2. There is insufficient antecedent basis for these limitations in the claim.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4 and 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PASQUALONI et al. (WO 2010136933 A1) and further in view of Roe et al. (US 5,876,391).
Regarding Claims 1 and 2, WO 2010/136933 (hereinafter “Pasqualoni”) teaches a method for forming a plurality of absorbent articles, the method comprising:
advancing (advancing article 10 through system in figure 10, according to the methods described more in detail in EP-A-I 941 853) a first web comprising a bodyside liner material (implicit for a wearable sanitary product, i.e. diaper, page 1, figure 1) in a first direction (front to back of length of article);
attaching (“Analogously to figures 2 and 3, also the embodiments of figures 4 - 9 provide for that the element 20 be arranged and fixed - for example by gluing (in 204) - on the distal edge 161 of the side panel 16, whose proximal edge 160 is instead fixed to the chassis 12”, page 10, see fig.6) a first elastomeric rear side panel material (left 'side panel (16)', fig.1, Abstract; use of elastic material for the side panels confers good wearability) to a first side edge (left 'proximal edge (160)', fig.1, Abstract) of the first web ('chassis (12)', fig.1, Abstract) and a second elastomeric rear side panel material (right 'side panel (16)', fig.1, Abstract; use of elastic material for the side panels confers good wearability) to a second side edge (right 'proximal edge (160)', fig.1, Abstract) of the first web and forming a first chassis width (width between right and left edges of 16, fig.1) extending between opposing side edges of the first and second elastomeric rear side panel materials (right 'side panel (16)', fig.1, Abstract);
attaching (“Analogously to figures 2 and 3, also the embodiments of figures 4 - 9 provide for that the element 20 be arranged and fixed - for example by gluing (in 204) - on the distal edge 161 of the side panel 16, whose proximal edge 160 is instead fixed to the chassis 12”, page 10, see fig.6) a first elastomeric front side panel material (left 'side panel 18', fig.1, page 10) to the first side edge (left proximal edge 160) of the first web 12 and a second elastomeric front side panel material (right 'side panel 18', fig.1, page 10) to the second side edge (right proximal edge 160) of the first web 12 and forming a second chassis width (width between right and left edges of 18, fig.1) extending between opposing side edges of the first (left side panel 18) and second elastomeric front side panel materials (right side panel 18); and
severing the first web 12 through the first (left side panel 18) and second elastomeric front side panel materials (right side panel 18) and through the first (left side panel 16) and second elastomeric rear side panel materials (right side panel 16) to form a plurality of individual absorbent articles ("The strip 1000 is then subjected to segmentation or according to the zig zag profile represented with a continuous line in figure 13 or simply through oblique cuttings as represented in figure 14 in such a manner to obtain single side panels", pgs. 17-18; Fig. 13),
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Annotated Figure 1 of Pasqualoni
The difference between Pasqualoni and claims 1 and 2 is the explicit recitation that a ratio of the first chassis width to the second chassis width is between 1.5 and 3.0, or between 1.5 and 2.0, as required by claim 2.
Roe et al. (“hereinafter “Roe”) teaches analogous absorbent article wherein a ratio of the first chassis width to the second chassis width is between 1.5 and 3.0, or between 1.5 and 2.0, as required by claim 2, as set forth in TABLE IV as shown in col. 4.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the ratio of the first chassis width to the second chassis width of Pasqualoni as taught by Roe in order to provide the desired sustained dynamic fit and improved resistance to leakage during use as taught by Roe in col. 1, line 66 to col. 2, line 4.
Regarding Claim 3, Pasqualoni teaches a portion of the first (left side panel 16) and second elastomeric rear side panel materials (right side panel 16) and the first web 12 form a rear waist edge of the individual absorbent articles (see annotated figure 1),
wherein a portion of the first (left side panel 18) and second elastomeric front side panel materials (right side panel 18) and the first web 12 form a front waist edge (see annotated figure 1) of the individual absorbent articles as shown in annotated figure 1 above.
The difference between Pasqualoni and claim 3 is the explicit recitation that a ratio of a rear waist edge width to a front waist edge width of the individual absorbent articles is between about 1.5 and about 2.0.
Roe teaches analogous absorbent article wherein a ratio of the rear waist edge width to a front waist edge width is between 1.5 and 2.0 as set forth in TABLE IV as shown in col. 4.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the ratio of the first chassis width to the second chassis width of Pasqualoni as taught by Roe in order to provide the desired sustained dynamic fit and improved resistance to leakage during use as taught by Roe in col. 1, line 66 to col. 2, line 4.
Regarding Claim 4, Pasqualoni teaches packaging at least some of the plurality of individual articles into a package where each of the plurality of packaged individual absorbent articles are oriented in a same direction within the package ("the element 202 is found when the article 10 is packaged and when the article 10 is extracted from its packaging", page 4).
Regarding Claim 22, Pasqualoni teaches further attaching first fastening components (182) to the first and second elastomeric front side panel materials as shown in figure 1.
As to claim 23, Pasqualoni modified teaches the invention substantially as claimed as set forth in the rejection of claim 1 and 22.
The difference between Pasqualoni modified and claim 23 is the provision that the first fastening components span between 80 percent and 100 percent of a distance between the leg end edge and the waist end edge of the first and second elastomeric front side panel materials.
It would have been obvious to one of ordinary skill in the art at the time of the invention to adjust the distance of the first fastening components as desired in order to allow for a more accurate adjustment of the closed condition and the prevent the article from either being too tight or too loose as taught by Pasqualoni on page 4, first full paragraph.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Pasqualoni in view of Roe et al. (US 5,876,391) and further in view of Rhodes et al. (US 20190290508 A1).
Regarding Claims 5 and 7, Pasqualoni modified teaches the first web 12, the first (left side panel 18) and second elastomeric front side panel materials (right side panel 18), but fails to teach coupling a front elastomeric waistband material to the first web and to each of the first and second elastomeric front side panel materials, and wherein severing the first web through the first and second elastomeric front side panel materials comprises severing the first web through the first and second elastomeric front side panel materials and through the front elastomeric waistband material.
Rhodes teaches coupling a front elastomeric waistband material ('first elastomeric waist panel web 82', fig.9, ¶ 34); wherein severing the first web through the first and second elastomeric front side panel materials comprises severing the first web through the first and second elastomeric front side panel materials and through the front elastomeric waistband material ('first elastomeric waist panel web 82', fig.9, ¶ 34) ("severing (such as by cutting) the first waist panel web 82 adjacent the first fastening component 60 to create a first waist region first portion 86", ¶ 34).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the article of Pasqualoni modified to couple a front elastomeric waistband material to the first web and to each of the first and second elastomeric front side panel materials, and severing the first web through the first and second elastomeric front side panel materials comprises severing the first web through the first and second elastomeric front side panel materials and through the front elastomeric waistband material as taught by Rhodes, in order to make the article adjustable to the body of the wearer such that an optimal fit is obtained by repositioning detachable segments (¶ 28).
Regarding Claim 6, Pasqualoni modified teaches the first web 12, each of the first (left side panel 16) and second elastomeric rear side panel materials (right side panel 16), but fails to teach coupling a rear elastomeric waistband material to the first web and to each of the first and second elastomeric rear side panel materials, and wherein severing the first web through the first and second elastomeric rear side panel materials comprises severing the first web through the first and second elastomeric rear side panel materials and through the rear elastomeric waistband material.
Rhodes modified teaches coupling a rear elastomeric waistband material ('second waist panel web 84', fig.9, ¶ 38); wherein severing the first web through the first and second elastomeric rear side panel materials comprises severing the first web through the first and second elastomeric rear side panel materials and through the rear elastomeric waistband material ('second waist panel web 84', fig.9, ¶ 38)("severing (such as by cutting) the second waist panel web 84 to create a second waist region portion 89", ¶ 38).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the article of Pasqualoni modified to couple a rear elastomeric waistband material to the first web and to each of the first and second elastomeric rear side panel materials, and severing the first web through the first and second elastomeric rear side panel materials comprises severing the first web through the first and second elastomeric rear side panel materials and through the rear elastomeric waistband material as taught by Rhodes, in order to make the article adjustable to the body of the wearer such that an optimal fit is obtained by repositioning detachable segments (¶ 28).
Regarding Claim 8, Pasqualoni modified teaches the first web 12, the first (left side panel 18) and second elastomeric front side panel materials (right side panel 18), the first (left side panel 16) and second elastomeric front side panel materials (right side panel 16), the first direction (front to back of length of article), the second absorbent article faces a rear waist region ('rear region 16', fig.1), but fails to teach severing the first web through the first and second elastomeric front side panel materials, through the front elastomeric waistband material, and through the first and second elastomeric rear side panel materials to form a plurality of individual absorbent articles comprises forming the plurality of individual absorbent articles such that a front waist region of a first absorbent article faces a front waist region of a second absorbent article, the second absorbent article adjacent the first absorbent article in the first direction, and wherein a rear waist region of the second absorbent article faces a rear waist region of a third absorbent article, the third absorbent article adjacent the second absorbent article in the first direction.
Rhodes teaches the front elastomeric waistband material 82, a front waist region ('second waist region 40', fig.2, ¶ 26), the first direction ('longitudinally extending centerline 11', fig.2, ¶ 30), and a rear waist region ('first waist region 20', fig.2, ¶ 26).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the article of Pasqualoni modified to sever the first web through the first and second elastomeric front side panel materials, through the front elastomeric waistband material, and through the first and second elastomeric rear side panel materials to form a plurality of individual absorbent articles comprises forming the plurality of individual absorbent articles such that a front waist region of a first absorbent article faces a front waist region of a second absorbent article, the second absorbent article adjacent the first absorbent article in the first direction, and wherein a rear waist region of the second absorbent article faces a rear waist region of a third absorbent article, the third absorbent article adjacent the second absorbent article in the first direction as taught by Rhodes, in order to make the article adjustable to the body of the wearer such that an optimal fit is obtained by repositioning detachable segments (¶ 28).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Pasqualoni in view of Roe et al. (US 5,876,391) and further in view of WO 97/47265.
With reference to claim 21, Pasqualoni modified teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Pasqualoni modified and claim 21 is the explicit recitation that severing the first web through the first and second elastomeric front side panel materials and through the first and second elastomeric rear side panel materials occurs after the attachment of the first and second elastomeric front side panel materials and the first and second elastomeric rear side panel materials to the first web.
WO 97/47265 (hereinafter “Nease”) teaches an analogous absorbent article where severing the first web through the first and second elastomeric front side panel materials and through the first and second elastomeric rear side panel materials occurs after the attachment of the first and second elastomeric front side panel materials and the first and second elastomeric rear side panel materials to the first web as set forth in the abstract and on page 4, line 23 to page 5, line 5.
It would have been obvious to one of ordinary skill in the art at the time of the invention to sever the web of Pasqualoni modified as recited in order to incorporate a zero scrap method for manufacturing which produces little or no scrap as taught by Nease on page 1, lines 24-31 and on page 3, lines 26-29 which is consistent with the teachings of Pasqualoni as supported by page 3rd full paragraph of Pasqualoni which is also concerned with reducing/eliminating material waste.
Response to Arguments
Applicant’s arguments with respect to claims 1-8 and 21-23 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.
With respect to applicant’s argument that Pasqualoni does not appear to disclose severing through the first web, the examiner disagrees.
Pasqualoni discloses that the side panels may be obtained by extending the web (i.e., topsheet) as set forth on page 2, 2nd full paragraph.
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 MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELE KIDWELL/Primary Examiner, Art Unit 3781
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