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 Amendment
An amendment was filed on 06/12/2025. The abstract, as well as claims 1-2, 4-9, 11-16, and 18-20 have been amended, and claim 10 has been canceled. Currently, claims 1-9 and 11-20 are pending and are being examined on the merits.
Response to Arguments
Applicant's arguments filed 06/12/2025 have been fully considered but they are not persuasive.
In response to the applicant’s arguments with claim 1, wherein none of the cited references disclose or suggest the configuration of the front waistband in conjunction with the angled fasteners on the front elastomeric side panels, the examiner notes that claim 1 is now amended to utilize Sina and Gompel to read upon the newly added limitations.
In response to applicant’s argument with respect to claim 9, notably that Roe does not disclose anything about the relative extensibilities of the front waistband vs. the rear waistband, and nothing would have led one to have modified Sablone to specifically select the configuration of claim 9, in particular with the combination of the rest of the features, the examiner respectfully disagrees.
Roe does in fact discuss the relative extensibilities between the front and rear waistband. Paragraph discusses that the construction of the rear waistband may be selected independently from the front waist band, where the described embodiments of prestretched elastic may be used for the rear waistband, front waistband, or both. As such, Roe discloses an embodiment with a prestretched rear waistband and a non-stretched front waistband, or vice versa, thus making one of the extensibilities larger than the other.
In response to the applicant’s arguments with claim 16, wherein none of the cited references disclose or suggest the configuration of angled fasteners on the front elastomeric side panels, the examiner notes that claim 16 is now amended to utilize Gompel to read upon the newly added limitations.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the rear elastomeric waistband" in line 33. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the rear elastomeric waistband” will be interpreted as -a rear elastomeric waistband.
Claims 2-8 are rejected by virtue of being dependent on claim 1
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.
Claims 1-2, 4-7, 16-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sablone (WO 2010136933) in view of Wang (US 20140257229), and further in view of Gompel (US 20070142805) and Sina (US 20150119219).
Regarding claim 1, Sablone discloses an absorbent article (abstract) with a front waist region having a front waist edge, a rear waist region having a rear waist edge, and a crotch region disposed between the front waist region and the rear waist region (fig. 1, front waist region near front 18, rear waist region near rear 16, and crotch region in between), the article comprising:
a chassis (12) comprising a bodyside liner, an outer cover, and an absorbent body disposed between the bodyside liner and the outer cover (“The chassis 12 includes an absorbent core 15 enclosed sandwich-like between a topsheet permeable to body liquids and a backsheet impermeable to such liquids”);
a first elastomeric rear side panel and a second elastomeric rear side panel (fig. 1, side panels 16 at rear are elastic, “Regarding the provision of side panels, the solution concerning use of elastic material… has become more and more consolidated over time”) each having a longitudinal length extending between a rear waist end edge and a leg end edge of the first and second elastomeric rear side panels (fig. 2, panels 16 are at a distance between rear waist end edge and a leg end edge defined by chassis 12), the first elastomeric rear side panel having a proximal inboard region with an inboard side edge with the proximal inboard region (fig. 1, region defined by proximal margin 160) attached to a first longitudinally extending side edge of the chassis and the second elastomeric rear side panel having a proximal inboard region with an inboard side edge with the proximal inboard region (fig. 21, region defined by margin 160) attached to a second longitudinally extending side edge of the chassis (fig. 1, both side panels 16 on respective side edges of the chassis), a portion of each of the first and second elastomeric rear side panels and the chassis forming the rear waist edge (fig. 1, edge of panels 16 along with rear edge of chassis 12 forms the waist edge);
a first elastomeric front side panel and a second elastomeric front side panel (fig. 1, side panels 18 as elastic, “Regarding the provision of side panels, the solution concerning use of elastic material… has become more and more consolidated over time”) each having a longitudinal length between a front waist edge and a leg end edge of the first and second elastomeric front side panels (fig. 1, side panels have length between waist edge and leg edge defined by chassis 12), the first elastomeric front side panel having a proximal inboard region with an inboard side edge and a distal outboard region having an outboard edge with the proximal inboard region attached to the first longitudinally extending side edge of the chassis and the second elastomeric front side panel having a proximal inboard region with an inboard side edge and a distal outboard region having an outboard edge with the proximal inboard region attached to the second longitudinally extending side edge of the chassis (fig. 1, side panels 16 have an inboard region with inboard side edge defined by margin 160, and a distal outboard region with outboard edge closer to where closing elements 20 are attached), a portion of each of the first and second elastomeric front side panels and the chassis forming the front waist edge (fig. 1, flap portions 20 and outer edge in between forms the front waist edge);
first and second mechanical fastening components (182) coupled to the front waist region of the article and configured to releasably couple the front waist region to the rear waist region (fig. 1, elements 182 provided with loops); wherein each of the rear waist edge and the front waist edge has a laterally extending width (fig. 1, rear waist edge and front waist edge with widths),
Sablone appears to show the rear waist edge being larger than the front waist edge, but does not explicitly teach wherein a ratio of the rear waist edge width to the front waist edge width is between 1.5 and 3.0.
However, Wang teaches an absorbent article (abstract) that has a ratio between the front waist edge and the rear waist edge as 1 to 2 (paragraph 0357), which translates to the ratio of the rear waist edge width to the front waist edge width to be reversed (i.e., 2:1 or 2).
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 device disclosed in Sablone such that a ratio of the rear waist edge width to the front waist edge width is between about 1.5 and about 3.0, as taught by Wang, since such a modification would involve a mere change in the size of a component, which is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955) . Further, as Wang provides a finite number of possible solutions for the rear-to-front width ratio (paragraph 0357), it would have been obvious to one of ordinary skill in the art to try a ratio between 1.5-3 from a finite number of identified, predictable solutions with a reasonable expectation of success.
Sablone does not teach the first and second mechanical fastening components extending at an angle such that portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are laterally inboard of portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels, and wherein the portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are disposed proximate the longitudinally extending side edges of the chassis and the portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels are disposed proximate the distal edges of the first and second elastomeric front side panels; and a front elastomeric waistband coupled to the chassis and each of the first and second elastomeric rear side panels, the rear elastomeric waistband extending laterally outboard of the portions of the first and second mechanical fastening components disposed proximate the rear waist end edge of the first and second elastomeric rear side panels.
However, Gompel teaches a disposable garment (abstract) wherein first and second mechanical fastening components (84) extend at an angle to a longitudinal axis of the absorbent article (fig. 3, front fasteners 84 at an angle) such that portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are laterally inboard of portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels (fig. 3, front fasteners 84 have portions near waist at end edge 58 that are inboard to portions of the fasteners 84 that are near the leg edge or periphery 54),
and wherein the portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are disposed proximate the longitudinally extending side edges of the chassis (fig. 3, fasteners 84 has portions near waist edges that are proximate the side edges of the chassis) and the portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels are disposed proximate the distal edges of the first and second elastomeric front side panels (fig. 3, fasteners 84 has portions near periphery 56 proximate the distal edges of the side panels)
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 device disclosed in Sablone such that each of the first and second mechanical fastening components extend at an angle such that portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are laterally inboard of portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels, and wherein the portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are disposed proximate the longitudinally extending side edges of the chassis and the portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels are disposed proximate the distal edges of the first and second elastomeric front side panels, as taught by Gompel, for the purpose of providing a suitable structure that enhances the fit (see Gompel, paragraph 0050, “The purpose of positioning at least the front fasteners 84 at an angle with respect to the longitudinal direction 66 is to provide enhanced fit”).
Sablone does not teach a front elastomeric waistband coupled to the chassis and each of the first and second elastomeric rear side panels, the rear elastomeric waistband extending laterally outboard of the portions of the first and second mechanical fastening components disposed proximate the rear waist end edge of the first and second elastomeric rear side panels.
However, Sina teaches an absorbent article (abstract) that comprises a front elastomeric waistband coupled to the chassis and each of the first and second elastomeric rear side panels (fig, 10, elastic member 698) , the rear elastomeric waistband (700) extending laterally outboard of the portions of the first and second mechanical fastening components disposed proximate the rear waist end edge of the first and second elastomeric rear side panels (fig. 10, rear waist elastic member 700 are outboard the fasteners 690, notably the portions thereof disposed proximate the rear waist end edge of the side panels).
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 device disclosed in Sablone such that it comprises a front elastomeric waistband coupled to the chassis and each of the first and second elastomeric rear side panels, the rear elastomeric waistband extending laterally outboard of the portions of the first and second mechanical fastening components disposed proximate the rear waist end edge of the first and second elastomeric rear side panels, as taught by Sina, as taught by Sina, for the purpose of providing a suitable structure of a fully encircling waistband to not detract from aesthetic appearance (see Sina, paragraph 0006), in addition to the conventional purpose to form a fit around the user’s waist.
Regarding claim 2, Sablone does not teach wherein the ratio of the rear waist edge width to the front waist edge is between 1.5 and 2.0
However, Wang teaches wherein the ratio is between 1.5-2 (paragraph 0357)
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 device disclosed in Sablone such that the ratio of the rear waist edge width to the front waist edge is between about 1.5-2, as taught by Wang, since such a modification would involve a mere change in the size of a component, which is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, as Wang provides a finite number of possible solutions for the rear-to-front width ratio (paragraph 0357), it would have been obvious to one of ordinary skill in the art to try a ratio between 1.5-3 from a finite number of identified, predictable solutions with a reasonable expectation of success.
Regarding claim 4, Sablone does not teach wherein the inner edges of the first and second mechanical fastening components form an angle of between 50 degrees and 75 degrees with respect to the central longitudinal axis of the article, according to the Seam Position Test Method.
However, it is the Office’s Position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the Seam Position Test Method to determine an angle formed by the inner edges of the first and second mechanical fastening components)
Moreover, 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 device disclosed in Sablone such that the inner edges of the first and second mechanical fastening components form an angle of between about 50 degrees and about 75 degrees with respect to the central longitudinal axis of the article, according to the Seam Position Test Method, since it has been held that “where the only different between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed Cir. 1984) cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In this instance, the device of Sablone does not appear as though it would operate differently with the claimed angle according to the Seam Position Test Method since the mechanical fastening components would still perform the function of attaching the two sides of the article. Moreover, it appears that the applicant places no criticality on the range claimed, granting several acceptable ranges (see paragraph 0110 of publication of instant application, discussing angles between 50-75 degrees, 55-70 degrees, or 50-65 degrees.).
Regarding claim 5, Sablone does not teach the front elastomeric waistband having a lateral width that is between 0 mm and 10 mm less than the front waist edge width.
However, Sina teaches an absorbent article (abstract) comprising a front elastomeric waistband (698) coupled to the chassis and each of the first and second front side panels (fig. 10, front waist elastic member 698 attached to chassis and the side panels, also seen in fig. 11), the front elastomeric waistband having a lateral width that is 0 mm less than the front waist edge width (fig. 11 shows the elastic member 698 cover the entire front waist edge width).
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 device disclosed in Sablone such that the front elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the front waist edge width, as taught by Sina, for the purpose of providing a suitable structure of a fully encircling waistband to not detract from aesthetic appearance (see Sina, paragraph 0006), in addition to the conventional purpose to form a fit around the user’s waist.
Regarding claim 6, Sablone, as modified by Sina, discloses wherein at least a portion of each of the first mechanical fastening component and the second mechanical fastening component is coupled to the front elastomeric waistband (fig. 11 shows fastening components 692 on top of the front waist elastic member 698) such that the front elastomeric waistband is disposed between the first mechanical fastening component and the second mechanical fastening component and the first elastomeric front side panel or the second elastomeric front side panel (see Sina, fig. 11, waist elastic 698 is in between side portions 640 and in between fastening components 692).
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 device disclosed in Sablone such that at least a portion of each of the first mechanical fastening component and the second mechanical fastening component is coupled to the front elastomeric waistband such that the front elastomeric waistband is disposed between the first mechanical fastening component and the second mechanical fastening component and the first elastomeric front side panel or the second elastomeric front side panel, as taught by Sina, for the purpose of providing a suitable structure of a fully encircling waistband to not detract from aesthetic appearance (see Sina, paragraph 0006), in addition to the conventional purpose to form a fit around the user’s waist.
Regarding claim 7, Sablone does not teach the article further comprising a rear elastomeric waistband coupled to the chassis and each of the first and second elastomeric rear side panels, the rear elastomeric waistband has a lateral width that is between 0 mm and 10 mm less than the rear waist edge width.
However, Sina teaches an absorbent article (abstract) comprising a rear elastomeric waistband (700) coupled to the chassis and each of the first and second rear side panels (fig. 10, rear waist elastic member 700 attached to chassis and the side panels, also seen in fig. 11), the rear elastomeric waistband having a lateral width that is 0 mm less than the front waist edge width (fig. 11 shows the elastic member 700 cover the entire front waist edge width).
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 device disclosed in Sablone such that it further comprises a rear elastomeric waistband coupled to the chassis and each of the first and second elastomeric front side panels, the rear elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the front waist edge width, as taught by Sina, for the purpose of providing a suitable structure of a fully encircling waistband to not detract from aesthetic appearance (see Sina, paragraph 0006), in addition to the conventional purpose to form a fit around the user’s waist.
Regarding claim 16, Sablone discloses an absorbent article (abstract) with a front waist region having a front waist edge, a rear waist region having a rear waist edge, and a crotch region disposed between the front waist region and the rear waist region (fig. 1, front waist region near front 18, rear waist region near rear 16, and crotch region in between), and having a body facing surface and a garment-facing surface (pg. 1 describes a topsheet and a backsheet serving a body facing surface and garment-facing surface, respectively) the article comprising:
a chassis (12) comprising a bodyside liner, an outer cover, and an absorbent body disposed between the bodyside liner and the outer cover (pg. 1 “The chassis 12 includes an absorbent core 15 enclosed sandwich-like between a topsheet permeable to body liquids and a backsheet impermeable to such liquids”);
first and second elastomeric rear side panels (fig. 1, side panels 16 at rear are elastic, pg. 3, 3rd paragraph, “Regarding the provision of side panels, the solution concerning use of elastic material… has become more and more consolidated over time”), the first elastomeric rear side panel attached to a first longitudinally extending side edge of the chassis and the second elastomeric rear side panel attached to a second longitudinally extending side edge of the chassis (fig. 1, both side panels 16 on respective side edges of the chassis), a portion of each of the first and second elastomeric rear side panels and the chassis forming the rear waist edge (fig. 1, edge of panels 16 along with rear edge of chassis 12 forms the waist edge);
first and second elastomeric front side panels (fig. 1, side panels 18 as elastic, pg. 3, 3rd paragraph ,“Regarding the provision of side panels, the solution concerning use of elastic material… has become more and more consolidated over time”), the first elastomeric front side panel attached to the first longitudinally extending side edge of the chassis and the second elastomeric front side panel attached to the second longitudinally extending side edge of the chassis, a portion of each of the first and second elastomeric front side panels and the chassis forming the front waist edge (fig. 1, flap portions 20 and outer edge in between forms the front waist edge); and
wherein each of the rear waist edge and the front waist edge has a laterally extending width (fig. 1, rear waist edge and front waist edge with widths),
first and second mechanical fastening components (182) coupled to the front waist region of the article and configured to releasably couple the front waist region to the rear waist region (fig. 1, elements 182 provided with loops),
Sablone appears to show the rear waist edge being larger than the front waist edge, but does not teach front and rear elastomeric waistbands, each of the front and rear elastomeric waistbands disposed on the garment-facing surface of the article and forming at least part of front waist edge and rear waist edge, respectively, the front elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the front waist edge width, wherein at least a portion of the first and second mechanical fastening components are directly coupled to the front elastomeric waistband, and the rear elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the rear waist edge width wherein a ratio of the rear waist edge width to the front waist edge width is greater than 1.5, and wherein each of the first and second mechanical fastening components extend at an angle to a longitudinal axis of the absorbent article such that portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are laterally inboard of portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels, and wherein the portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are disposed proximate the longitudinally extending side edges of the chassis and the portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels are disposed proximate the distal edges of the first and second elastomeric front side panels.
However, Wang teaches an absorbent article (abstract) that has a ratio between the front waist edge and the rear waist edge as 1 to 2 (paragraph 0357), which translates to the ratio of the rear waist edge width to the front waist edge width to be reversed (i.e., 2:1 or 2).
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 device disclosed in Sablone such that a ratio of the rear waist edge width to the front waist edge width is greater than 1.5, as taught by Wang, since such a modification would involve a mere change in the size of a component, which is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, as Wang provides a finite number of possible solutions for the rear-to-front width ratio (paragraph 0357), it would have been obvious to one of ordinary skill in the art to try a ratio between 1.5-3 from a finite number of identified, predictable solutions with a reasonable expectation of success.
Sablone does not teach front and rear elastomeric waistbands, each of the front and rear elastomeric waistbands disposed on the garment-facing surface of the article and forming at least part of front waist edge and rear waist edge, respectively, the front elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the front waist edge width, wherein at least a portion of the first and second mechanical fastening components are directly coupled to the front elastomeric waistband, and the rear elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the rear waist edge width.
However, Sina teaches an absorbent article (abstract) that comprises a front and rear elastomeric waistband (fig. 10, elastic members 698 and 700) disposed on the garment-facing surface of the article (paragraph 0007, “waistband to be placed on the bodyside and garment-side of a training pant”, with paragraph 0131 describing elastic waist members 698 and 700 attached to the chassis, and paragraph 0043 describing an embodiment where elastic members 78 and 80 are attached to the outer and inner surface of the chassis, with the reasonable assumption that the elastic waist members 698 and 700 are attached to the outer and inner surfaces in a similar manner.) and forming at least part of front waist edge and rear waist edge, respectively (fig. 10, elastic members 698 and 700 form the top edge), the front elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the front waist edge width, and the rear elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the rear waist edge width (fig. 10 suggests that both elastic members 698 and 700 take the entirety of the waist edge widths, and thus are 0 mm less than the waist edge widths), wherein at least a portion of the first and second mechanical fastening components are directly coupled to the front elastomeric waistband (fig. 10, hook fastening components 692 coupled to the front of the front waist elastic member 698)
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 disclosed in Sablone such that it comprises front and rear elastomeric waistbands, each of the front and rear elastomeric waistbands disposed on the garment-facing surface of the article and forming at least part of front waist edge and rear waist edge, respectively, the front elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the front waist edge width, and the rear elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the rear waist edge width, as taught by Sina, for the purpose of providing a suitable structure of a fully encircling waistband to not detract from aesthetic appearance (see Sina, paragraph 0006), in addition to the conventional purpose to form a fit around the user’s waist.
Sablone, as modified by Sina, does not teach wherein each of the first and second mechanical fastening components extend at an angle to a longitudinal axis of the absorbent article such that portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are laterally inboard of portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels, and wherein the portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are disposed proximate the longitudinally extending side edges of the chassis and the portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels are disposed proximate the distal edges of the first and second elastomeric front side panels
However, Gompel teaches a disposable garment (abstract) wherein first and second mechanical fastening components (84) extend at an angle to a longitudinal axis of the absorbent article (fig. 3, front fasteners 84 at an angle) such that portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are laterally inboard of portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels (fig. 3, front fasteners 84 have portions near waist at end edge 58 that are inboard to portions of the fasteners 84 that are near the leg edge or periphery 54), and wherein the portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are disposed proximate the longitudinally extending side edges of the chassis (fig. 3, fasteners 84 has portions near waist edges that are proximate the side edges of the chassis) and the portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels are disposed proximate the distal edges of the first and second elastomeric front side panels (fig. 3, fasteners 84 has portions near periphery 56 proximate the distal edges of the side panels)
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 device disclosed in Sablone in view of Sina such that each of the first and second mechanical fastening components extend at an angle to a longitudinal axis of the absorbent article such that portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are laterally inboard of portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels, and wherein the portions of the first and second mechanical fastening components disposed proximate the front waist end edge of the first and second elastomeric front side panels are disposed proximate the longitudinally extending side edges of the chassis and the portions of the first and second mechanical fastening components disposed proximate the leg end edges of the of the first and second elastomeric front side panels are disposed proximate the distal edges of the first and second elastomeric front side panels, as taught by Gompel, for the purpose of providing a suitable structure that enhances the fit (see Gompel, paragraph 0050, “The purpose of positioning at least the front fasteners 84 at an angle with respect to the longitudinal direction 66 is to provide enhanced fit”).
Regarding claim 17, Sablone does not teach wherein a first surface of the front elastomeric waistband is coupled to the first and second elastomeric front side panels and a second surface of the front elastomeric waistband is coupled to the first and second mechanical fastening components.
However, Sina teaches wherein a first surface of the front elastomeric waistband is coupled to the first and second elastomeric front side panels (fig. 10, front waist elastic member 698 has a surface coupled to the side panels, see annotated fig. 10 below) and a second surface of the front elastomeric waistband is coupled to the first and second mechanical fastening components (see annotated fig. 10 below)
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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 device disclosed in Sablone such that a first surface of the front elastomeric waistband is coupled to the first and second elastomeric front side panels and a second surface of the front elastomeric waistband is coupled to the first and second mechanical fastening components, as taught by Sina, for the purpose of providing a suitable structure of a fully encircling waistband to not detract from aesthetic appearance (see Sina, paragraph 0006), in addition to the conventional purpose to form a fit around the user’s waist.
Regarding claim 19, Sablone does not teach wherein each of the first and second mechanical fastening components forms a fastener angle of between about 5.0 degrees and about 30 degrees with respect to a central longitudinal axis of the article.
However, Gompel teaches wherein the mechanical fastening components form an angle between 5-30 degrees with respect to a central longitudinal axis of the article (figs. 3 and 4 shows the fasteners 82 in fig. 3 or near element 192 in fig. 4 being at an angle, or paragraph 0057 and table 1 shows several angles between 14-33 degrees, with specific angles of 14, 20, and 25 being within the range)
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 device disclosed in Sablone such that each of the first and second mechanical fastening components forms a fastener angle of between about 5.0 degrees and about 30 degrees with respect to a central longitudinal axis of the article, as taught by Gompel, for the purpose of providing a suitable structure that enhances the fit (see Gompel, paragraph 0050, “The purpose of positioning at least the front fasteners 84 at an angle with respect to the longitudinal direction 66 is to provide enhanced fit”).
Regarding claim 20, Sablone does not teach wherein an outer edge of the first elastomeric rear side panel forms an angle with respect to the central longitudinal axis that is within about 10 degrees of the fastener angle formed by the first mechanical fastening component and the central longitudinal axis, and wherein an outer edge of the second elastomeric rear side panel forms an angle with respect to the central longitudinal axis that is within 10 degrees of the fastener angle formed by the second mechanical fastening component and the central longitudinal axis.
However, Gompel teaches wherein the outer edges of the rear side panels are parallel with an angled pair of rear fasteners (fig. 3, rear fasteners 82 at an angle with the edges of the side panels being parallel to the rear fasteners 82), and that the rear pair of fasteners are also between 14-33 degrees (claim 6), thus keeping it within 10 degrees of the first mechanical fastening components highlighted in the analysis of claim 19 above (i.e., also within the 14-33 degree range).
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 device disclosed in Sablone such that an outer edge of the first elastomeric rear side panel forms an angle with respect to the central longitudinal axis that is within about 10 degrees of the fastener angle formed by the first mechanical fastening component and the central longitudinal axis, and wherein an outer edge of the second elastomeric rear side panel forms an angle with respect to the central longitudinal axis that is within 10 degrees of the fastener angle formed by the second mechanical fastening component and the central longitudinal axis, as taught by Gompel, for the purpose of providing a suitable structure that allows a proper alignment of the rear side panels and the mechanical fastening components to create a proper seam.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sablone in view of Wang, Gompel, and Sina, and further in view of Buell (US 5151092).
Regarding claim 3, Sablone discloses wherein the first mechanical fastening component (182) is coupled to the first elastomeric front side panel (fig. 1, hook elements 182, the first mechanical fastening component being on the right side, on the front side panel 18) and configured to releasably engage with an inner surface of the first elastomeric rear side panel (fig. 1, elements 182 to interact with hook strip 202 on the inner surface of the elastomeric rear side panel 16) and the second mechanical fastening component is coupled to the second elastomeric front side panel and configured to releasably engage with an inner surface of the second elastomeric rear side panel (fig. 1, second mechanical fastening component 182 on the opposite side operates in the same manner as on the first side), but is silent to wherein the inner edges of each of the first and second mechanical fastening components are disposed between 45 mm and 90 mm from a central longitudinal axis of the article.
However, Buell teaches a diaper (abstract) wherein the lateral spacing between two anchor zones (122) is 100-200 mm (col. 29, lines 33-51). Since the anchor zones are symmetric with respect to the longitudinal axis, they would be disposed within 50 mm away from a central longitudinal axis of the article.
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 device disclosed in Sablone such that wherein the inner edges of each of the first and second mechanical fastening components are disposed between about 45 mm and about 90 mm from a central longitudinal axis of the article, as taught by Buell, for the purpose of providing a suitable scale that is designed to fit medium-size babies (see Buell, col. 29, lines 33-51).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sablone in view of Wang, Gompel, and Sina, and further in view of Roe (US 20130006207).
Regarding claim 8, Sablone does not teach the device further comprising a rear elastomeric waistband coupled to the chassis and each of the first and second elastomeric rear side panels, the front elastomeric waistband being coupled to the chassis and each of the first and second elastomeric front side panels at a first extension, and the a rear elastomeric waistband being coupled to the chassis and each of the first and second elastomeric rear side panels at a second extension, the first extension being different than the second extension.
However, Sina teaches the device further comprising a rear elastomeric waistband (700) coupled to the chassis and each of the first and second elastomeric rear side panels (fig. 10, rear waist elastic member 700 attached to chassis and the side panels, also seen in fig. 11), wherein the front elastomeric waistband coupled to the chassis and each of the first and second side panels at a first extension (paragraph 0127, “the waist elastic members 694, 696, 698, 700 are applied to the chassis 634 and/or the absorbent assembly 636 under tension, as described below, such that gathers are formed along the waist elastic members 694, 696, 698, 700 when the applied tension is released from the waist elastic members”), wherein the rear elastomeric waistband being coupled to the chassis and each of the first and second rear side panels at a second extension (paragraph 0127, “the waist elastic members 694, 696, 698, 700 are applied to the chassis 634 and/or the absorbent assembly 636 under tension, as described below, such that gathers are formed along the waist elastic members 694, 696, 698, 700 when the applied tension is released from the waist elastic members”)
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 device disclosed in Sablone such that it further comprises a rear elastomeric waistband coupled to the chassis and each of the first and second elastomeric rear side panels, wherein the front elastomeric waistband coupled to the chassis and each of the first and second elastomeric front side panels at a first extension, wherein the a rear elastomeric waistband being coupled to the chassis and each of the first and second elastomeric rear side panels at a second extension, as taught by Sina, for the purpose of providing a suitable structure of a fully encircling waistband to not detract from aesthetic appearance (see Sina, paragraph 0006), in addition to the conventional purpose to form a fit around the user’s waist.
Sablone, as modified by Sina, does not teach the first extension being different than the second extension.
However, Roe describes an absorbent article (abstract) where the front waistband (38) and the rear waistband (36) are prestretched at different extensions (paragraph 0038, “However, it is not necessary that the structures of rear waistband 36 and front waistband 38 are the same…. Thus, the embodiments described herein may be used for a rear waistband 36, a front waistband 38, or both”).
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 device disclosed in Salone in view of Sina such that the first extension is different than the second extension, as taught by Roe, for the purpose of providing a suitable structure that keeps a continuous waistband to appear like underwear, while also maintaining different elastic properties to maintain a taped diaper configuration, thus still allowing for the article to be applied to the wearer (see Roe, paragraphs 0003-0004).
Claims 9, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sablone in view of Wang, and Sina, and further in view of Roe (US 20130006207).
Regarding claim 9, Sablone discloses an absorbent article (abstract) with a front waist region having a front waist edge, a rear waist region having a rear waist edge, and a crotch region disposed between the front waist region and the rear waist region (fig. 1, front waist region near front 18, rear waist region near rear 16, and crotch region in between), and having a body facing surface and a garment-facing surface (pg. 1 describes a topsheet and a backsheet serving a body facing surface and garment-facing surface, respectively) the article comprising:
a chassis (12) comprising a bodyside liner, an outer cover, and an absorbent body disposed between the bodyside liner and the outer cover (pg. 1 “The chassis 12 includes an absorbent core 15 enclosed sandwich-like between a topsheet permeable to body liquids and a backsheet impermeable to such liquids”);
first and second elastomeric rear side panels (fig. 1, side panels 16 at rear are elastic, pg. 3, 3rd paragraph, “Regarding the provision of side panels, the solution concerning use of elastic material… has become more and more consolidated over time”), the first elastomeric rear side panel attached to a first longitudinally extending side edge of the chassis and the second elastomeric rear side panel attached to a second longitudinally extending side edge of the chassis (fig. 1, both side panels 16 on respective side edges of the chassis), a portion of each of the first and second elastomeric rear side panels and the chassis forming the rear waist edge (fig. 1, edge of panels 16 along with rear edge of chassis 12 forms the waist edge);
first and second elastomeric front side panels (fig. 1, side panels 18 as elastic, pg. 3, 3rd paragraph ,“Regarding the provision of side panels, the solution concerning use of elastic material… has become more and more consolidated over time”), the first elastomeric front side panel attached to the first longitudinally extending side edge of the chassis and the second elastomeric front side panel attached to the second longitudinally extending side edge of the chassis, a portion of each of the first and second elastomeric front side panels and the chassis forming the front waist edge (fig. 1, flap portions 20 and outer edge in between forms the front waist edge); and
first and second mechanical fastening components (182) coupled to the front waist region of the article and configured to releasably couple the front waist region to the rear waist region (fig. 1, elements 182 provided with loops);
wherein each of the rear waist edge and the front waist edge has a laterally extending width (fig. 1, rear waist edge and front waist edge with widths),
Sablone appears to show the rear waist edge being larger than the front waist edge, but does not teach front and rear elastomeric waistbands, each of the front and rear elastomeric waistbands disposed on the garment-facing surface of the article and forming at least part of front waist edge and rear waist edge, respectively, the front elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the front waist edge width, and the rear elastomeric waistband having a lateral width that is between about 0 mm and about 10 mm less than the rear waist edge width wherein a ratio of the rear waist edge width to the front waist edge width is greater than 1.5
However, Wang teaches an absorbent article (abstract) that has a ratio between the front waist edge and the rear waist edge as 1 to 2 (paragraph 0357), which translates to the ratio of the rear waist edge width to the front waist edge width to be reversed (i.e.